Database Search Result Details
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First Name
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Sobina
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Last Name
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McCoy
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Decision Date
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3/15/2017
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Docket Number
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2016-1439-MasED
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ALJ
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WBM
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Respondent
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Mason 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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ECCAT - Aide
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Topics
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Selection
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Primary Issues
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Whether Grievant should have been the successful applicant for an ECCAT position when she had the most aide seniority but no ECCAT certification.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18-5-18; W. Va. Code § 18A-4-8
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Related Cases
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Riffle v. Webster County Bd. of Educ., Docket No. 04-51-122 (July 30, 2004); Taylor v. Pocahontas County Bd. of Educ., Docket No. 05-38-213 (Oct. 14, 2005); Cosner v. Gilmer County Bd. of Educ., & Skinner, Docket No. 2015-1520-GilED (July 27, 2016); Paugh v. Barbour County Bd. of Educ., Docket No. 2015-1574-BarED (Aug. 26, 2016); W. Va. Human Rights Comm’n v. Garretson, 196 W.Va. 118, 128, 468 S.E.2d 733, 743 (1996)
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Keywords
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Selection; ECCAT Certification, Aide, Kindergarten, 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 challenges her non-selection for a Kindergarten Aide position. She argues that the position was not actually posted as an ECCAT position so her lack of ECCAT certification should not have disqualified her. Grievant argues that the successful applicant did not hold ECCAT certification at the time the position was posted and her certification should not be used to allow her to be selected ahead of Grievant who is undisputedly more senior. Finally, she argues that the statutory construction requires the selection of the most senior person who has been employed in the Aide classification be selected to fill an Aide position regardless of their ECCAT certification status.
The statute related to Kindergarten Aide positions requires all newly posted positions be filled with someone holding the ECCAT certification. The Board’s failure to specifically use the term ECCAT in the position title did not remove that requirement. Especially when the requirement was listed in the job description. The successful applicant was issued a Temporary Authorization Early Childhood Classroom Assistant Teacher Certificate prior to the date she was hired for the position which was sufficient to meet the minimum qualifications for the job. Finally, the Grievance Board previously held that a Board may select a less senior applicant for an ECCAT/Aide position if the less senior applicant holds any ECCAT certification and the more senior applicant does not.
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