Database Search Result Details

First Name CHARLOTTE
Last Name BLANKENSHIP, ET AL.
Decision Date 12/18/1989
Docket Number 89-29-575
ALJ SA
Respondent MINGO COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title SUBSTITUTE SECRETARIES
Topics SENIORITY/ES
Primary Issues Use of test to determine qualifications.
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18A-4-8B(B)
Related Cases MOON V. WAYNE CB; KING V. RITCHIE CB; JERVIS V. WAYNE CB
Keywords TESTING
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, 3/14/90; Civil Action #90-AA-18; Affirmed 2-6-92, King
Supreme Court
Synopsis GRIEVANTS, SUBSTITUTE SECRETARIES, ALLEGE VIOLATION OF W.VA. CODE 18A-4-8B(B). TWO SECRETARIAL AND ONE CLERK POSITIONS GIVEN TO OTHER SUBSTITUTE SECRETARIES EMPLOYED SHORTER TIME THAN GRIEVANTS. ALL APPLICANTS WERE GIVEN AN APTITUDE TEST AND A SKILLS TEST. DECISION: GRIEVANT MAY HAD GREATEST SECRETARIAL SENIORITY OF APPLICANTS AND GRIEVANTS CLEMONS AND BLANKENSHIP WERE SECOND AND THIRD, RESPECTIVELY. MERELY BEING CLASSIFIED AS SUBSTITUTE SECRETARIES DID NOT QUALIFY THEM FOR SECRETARY POSITIONS SINCE RESPONDENT REASONABLY DETERMINED THAT FURTHER QUALIFICATIONS WERE REQUIRED AND ITS TESTS WERE SUITABLE. SCORE OF 'M' PASSING ON THE APTITUDE TEST. NO EVIDENCE ESTABLISHED GRIEVANTS WERE QUALIFIED OR HAD SENIORITY FOR CLERK POSITION. GRIEVANT BLANKENSHIP DISQUALIFIED FOR SECRETARY POSITIONS BY FAILING TYPING TEST AND GRIEVANT CLEMONS DISQUALIFIED BY MAKING 'L' ON APTITUDE TEST. GRIEVANT HALL QUALIFIED FOR SECRETARIAL POSITION. GRANTED FOR HALL; DENIED FOR OTHER TWO GRIEVANTS.

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