Database Search Result Details
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First Name
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ROSIE
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Last Name
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HATFIELD
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Decision Date
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5/28/1987
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Docket Number
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29-87-019-4
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ALJ
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JR
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Respondent
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MINGO 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; SENIORITY
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Primary Issues
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IMPROPER CALCULATION
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Outcome
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GRANTED
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Statutes
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18A-4-8B(B)
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Related Cases
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327 S.E.2D 691 (W.VA. 1984)
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Keywords
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CALCULATION; SENIORITY
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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 and another regular aide applied for a secretarial position. Grievant had a break in her employment and her first period of employment was not counted. The case holds the provision that seniority means the date one enters the assigned duties is clear and ambiguous and will be applied and not construed would be applied. Since the position was filled based on seniority and was the issue argued, instatement was granted based upon her seniority but since back pay was not requested it was not awarded. The hearing examiner did note that neither person had any seniority as a secretary.
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