Database Search Result Details
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First Name
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DENCIL
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Last Name
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SCARBERRY
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Decision Date
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10/30/1989
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Docket Number
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89-23-63
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ALJ
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JW
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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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CUSTODIAN I
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Topics
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MISCLASSIFICATION
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Primary Issues
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An employee working in higher classification is a promotion.
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Outcome
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GRANTED
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Statutes
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18A-4-8
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Related Cases
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CASTO, BOWLING AND SMITH V KANAWHA CBOE
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Keywords
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PLACEMENT; PROMOTION
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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, EMPLOYED AS CUSTODIAN I ASSIGNED TO SHARPLES HIGH SCHOOL, ALLEGES THAT, ALTHOUGH HE IS CLASSIFIED AS A CUSTODIAN I, HE IS DOING THE WORK OF A CUSTODIAN III. DECISION: GRANTED. ONCE A SCHOOL SERVICE EMPLOYEE ASSUMES THE DUTIES OF A HIGHER CLASSIFICATION, HE IS ENTITLED TO REMAIN IN SAID CLASSIFICATION. THE IMPOSITION OF DUTIES UPON A SCHOOL SERVICE EMPLOYEE WHICH HAS THE RESULT OF CHANGING SAID EMPLOYEE'S CLASSIFICATION TO A HIGHER ONE IS, IN EFFECT, A PROMOTION AND REQUIRES A COUNTY BOARD OF EDUCATION TO COMPLY WITH THE PROVISIONS OF W.VA. CODE 18A-4-8 MANDATING A RAISE IN SALARY.
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