Database Search Result Details

First Name DAVID
Last Name FRIEND
Decision Date 1/31/1989
Docket Number 38-88-163
ALJ SK
Respondent PRESTON COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER
Topics RIF; TRANSFER
Primary Issues RIF
Outcome DENIED
Statutes 18A-4-8B
Related Cases
Keywords SENIORITY; TRANSFER;
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis GRIEVANT, PRESENTLY ASSIGNED AS A TEACHER, WAS PLACED ON THE TRANSFER LIST FOR THE 1988-89 SCHOOL TERM AND CONTENDS THAT THE ACTION WAS IN VIOLATION OF W.VA. CODE, 18A-4-8B AND WAS TAKEN IN REPRISAL FOR HIS PUBLIC STANCE ON A SCHOOL CLOSING. GRIEVANT HAS SERVED FOR HE PAST TWO YEARS AS THE PRINCIPAL OF ROWLESBURG HIGH SCHOOL. DECISION: W.VA. CODE, 18A-4-8B PROVIDES THAT WHENEVER A COUNTY BOARD OF EDUCATION IS REQUIRED TO REDUCE ITS NUMBER OF PROFESSIONAL EMPLOYEES, THE EMPLOYEE WITH THE LEAST AMOUNT OF SENIORITY SHALL BE RELEASED BUT REEMPLOYED IN ANOTHER PROFESSIONAL POSITION IF HIS SENIORITY IS GREATER THAN THE SENIORITY OF ANY OTHER EMPLOYEE IN THAT AREA OF CERTIFICATION. DENIED; GRIEVANT POSSESSED THE LEAST AMOUNT OF SENIORITY AND THE BOARD ACTED PROPERLY IN ITS REASSIGNMENT.

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