Database Search Result Details
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First Name
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DREMA
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Last Name
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BATES
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Decision Date
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11/26/1986
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Docket Number
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23-86-317-1
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ALJ
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LC
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Respondent
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LOGAN 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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AIDE
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Topics
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SELECTION; VACANCY
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Primary Issues
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TESTING OUT-OF-CLASS APPLICANTS, SELECTION, SKILLS
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Outcome
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DENIED
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Statutes
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18A-4-8b(b); 5300(7)
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Related Cases
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JONES
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Keywords
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UNWRITTEN POLICY, SELECTION, COMPETENCY TESTING
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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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The Respondent required Grievant, an aide, to take a competency test to qualify for a secretarial position. She did not pass the test and a substitute secretary was hired to fill the vacancy. She challenged the use of tests. The case contains a conclusion of law that present regular employees must be given first choice over others, see Jones v. Ohio CB, but found the use of a competency test permissible. The test, however, must be fair and uniformly applied. The case notes that the contention that unwritten policies or practices are unenforceable was rejected in Hammond v. Logan CB which decision was affirmed by the Circuit Court of Kanawha.
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