Database Search Result Details
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First Name
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Melinda
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Last Name
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Curry, et al.
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Decision Date
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4/4/2017
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Docket Number
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2016-1524-CONS
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ALJ
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BLG
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Respondent
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Boone 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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Cook
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Topics
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Selection; Posting
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Primary Issues
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Whether Grievants demonstrated that the position at issue was a newly created position which Respondent was required to post.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8b
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Related Cases
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Conner v. Mingo County Bd. of Educ., Docket No. 95-29-476 (Mar. 28, 1996); Mullins v. Logan County Bd. of Educ., Docket No. 94-23-283 (Sept. 25, 1995); Child v. Berkeley County Bd. of Educ., Docket No. 96-02-025 (Oct. 29, 1996); Fleming, et al., v. Fayette County Bd. of Educ., Docket No. 07-10-066 (May 8, 2008); Underwood v. Dep’t of Health & Human Res., Docket No. 2008-1254-DHHR (May 5, 2009); Herland v. Dep’t of Health & Human Res., Docket No. 92-HHR-416 (Aug. 9, 1993); Nuzum v. Div. of Nat. Res., Docket No. 2010-1354-DOC (Mar. 23, 2011)
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Keywords
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Posting; Transfer; Job Duties; Classification; False Representation; Newly Created Position; Facility Closure; Movement of Staff; Change in Duties
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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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Grievants argued that a Cook position should have been posted when a Madison Elementary School Pre-K Center was closed and the Cook III was moved to the main building housing Madison Elementary School. The Pre-K Center was not a free-standing school, but rather a building housing Pre-Kindergarten students enrolled at Madison Elementary School. When those students were moved to the main building, the staff assigned to the Pre-K Center was also moved. This did not create any new positions which Respondent was required to post. Although the duties of the position at issue have been changed since the move, this did not result in a change in the job title or an increase in compensation. Grievants did not demonstrate that a new position was created which Respondent was required to post. Grievants also failed to demonstrate that any false representation or concealment of material facts caused them to forego bidding on the position at issue when it was posted in December 2015, such that the doctrine of equitable estoppel should be applied.
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