Database Search Result Details
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First Name
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Brenda
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Last Name
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Carpenter
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Decision Date
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4/28/2017
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Docket Number
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2016-1807-LogED
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ALJ
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WBM
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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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Paraprofessional - Autism Mentor - Aide
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that she was entitled to a summer bus aide position based upon her superior regular aide seniority.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18-5-39; W. Va. Code §§ 18-5-39; 18A-4-8b; & 18A-4-8g
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Related Cases
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Bd. of Educ. v. Enoch, 186 W. Va. 712, 414 S.E.2d 630 (1992); Carpenter v. Logan County Bd. of Educ. & Terry Turner, Docket No. 2015-0051-LogED (Sept. 4, 2015); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Lemley v. Wood County Bd. of Educ., Docket No. 99-54-198 (Sept. 9, 1999); Kennedy v. Marion County Bd. of Educ., Docket No. 91-24-427 (Dec. 30, 1991); Panrell v. Monongalia County Bd. of Educ., Docket No. 96-30-408 (April 25, 1997); Beane v. Kanawha County Bd. of Educ., Docket No. 03-20-008 (April 30, 2003); Cowan, et al., v. Ritchie County Bd. of Educ., Docket No. 2010-1537-CONS (Jan. 20, 2012); Lilly v. Fayette County Bd. of Educ., Docket No. 96-10-481 (Sept. 15, 1997); Lilly v. Fayette County Bd. of Educ., Docket No. 99-10-433 (Mar. 17, 2000); Williams v. Kanawha County Bd. of Educ., Docket No. 01-20-058 (May 10, 2001)
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Keywords
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Selection; Summer Position; Seniority, Summer Seniority, Bus Aide, Classroom Aide, Transportation Aide, Newly Created Summer Position
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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 is contesting Respondent’s decision to select Intervenor for a summer bus aide position serving special needs students attending an elementary school in the Chapmanville area. Grievant claims that she held a similar job in the summer of 2014 and is therefore entitled to this position due to her greater regular seniority in the Aide classification. In fact, this position was different from the position held by Grievant in the summer of 2014, but was identical to the ones held by Intervenor in the summers of 2012 and 2013. Intervenor was therefore entitled to the 2016 position by the mandates of West Virginia Code § 18-5-39.
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