Database Search Result Details
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First Name
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ELAINE
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Last Name
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KOONTZ
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Decision Date
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7/21/1988
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Docket Number
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25-88-048-3
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ALJ
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NK
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Respondent
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MARSHALL COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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CUSTODIAN III
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Topics
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SENIORITY; SUBSTITUTE
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Primary Issues
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REGULAR EMPLOYEE
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18A-4-15(6)
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Related Cases
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Keywords
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SENIORITY; SUBSTITUTE
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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G, custodian, alleged numerous statutory violations, arguing that the night-shift position, on which she had bid, was unsafe and that other custodians were allowed flexibility in the hours worked, including working the shift of an absent custodian. DECISION: Evidence fails to establish retaliation, violation of safety standards, or disregard of seniority rights. However, the board did contravene the requirement of W.Va. Code 18A-4-15(6) that, where a regular employee is employed in the same building as an absent employee, that employee shall be given the first opportunity to fill position of the absent employee, with the substitute filling the regular employee's position. GRANTED in part. DENIED the request for reinstatement to day-shift.
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