Database Search Result Details
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First Name
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BARBARA
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Last Name
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GILLESPIE
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Decision Date
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1/17/1990
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Docket Number
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89-20-684
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ALJ
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DC
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Respondent
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KANAWHA 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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Topics
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POSTING
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Primary Issues
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Requirements for posting service and professional positions.
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Outcome
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GRANTED
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Statutes
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Code 18A-1-1; 18A-4-8(a),(b)
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Related Cases
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Keywords
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SERVICE; POSTING; REQUIREMENTS
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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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GRIEVANT, A SERVICE EMPLOYEE, COMPLAINED OF HER NON-SELECTION FOR 'DIRECTOR OF PURCHASING AND SUPPLY MANAGEMENT,' WHICH RESPONDENT HAD ADVERTISED AND FILLED AS A PROFESSIONAL POSITION (I.E., BASED ON A 'MOST QUALIFIED' STANDARD). THE JOB DID NOT REQUIRE ANY SORT OF STATE LICENSURE OR CERTIFICATION. DECISION: GRIEVANCE GRANTED, TO EXTENT THAT RESPONDENT IS ORDERED TO REPOST THE POSITION AS A SERVICE JOB AND FILL IT AS SUCH. FOR A JOB TO BE 'PROFESSIONAL,' THERE MUST BE A REASONABLE REQUIREMENT OF STATE LICENSURE OR CERTIFICATION. W.VA. CODE 18-1-1, 18A-1-1. THE STANDARDS FOR FILLING PROFESSIONAL AND SERVICE VACANCIES ARE DIFFERENT, COMPARE W.VA. CODE 18A-4-8B(A), (B), SO REPOSTING IS NEEDED.
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