Database Search Result Details
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First Name
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Paul
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Last Name
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Townsend
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Decision Date
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5/22/2017
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Docket Number
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2016-1702-KanED
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ALJ
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BLG
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Respondent
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Kanawha 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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Mechanic
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Topics
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Selection
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Primary Issues
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Whether Respondent was bound by a level one decision, and whether Grievant should have been placed in the position at issue.
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Outcome
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Granted
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Statutes
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W. Va. Code § 6C-2-4(b)(1); W. Va. Code 18-29-3(t); W. Va. Code§18A-4-8b
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Related Cases
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Decapio/Beauty v. Dep’t of Transp., Docket No. 06-DOH-329 (Nov. 15, 2006); Blethen v W. Va. Dept. Of Rev./State Tax Dep't, 219 W. Va. 402, 633 S.E.2d 531 (2006); DeCapio/Beauty v. W. Va. Dep’t of Transp., Div. of Highways, Case No. 06-AA-6, Cir. Ct. of Hancock County (June 19, 2008); Jackson v. Grant County Bd. of Educ., Docket No. 97-12-224 (Oct. 16, 1997); Spurlock v. Lincoln County Bd. of Educ., Docket No. 97-22-019 (May 29, 1997)
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Keywords
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Respondent Appeal Rights; Effect of Level One Decision; Experience Requirement; Selection; Seniority; Qualifications; Res Judicata
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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 was not selected for a Crew Leader position because he had not passed the blueprint test and because he did not have five year’s experience “in the craft.” He filed a grievance and a level one decision was issued requiring that the position be reposted, that applicants be allowed to train for and take the blueprint test, and that the selection be based on qualifications, seniority, and evaluations, after a finding that Respondent could not add an experience requirement to the posting. Grievant did not appeal that decision. By agreement of the parties, Respondent did not post the position, but allowed Grievant to take the blueprint test, which he passed. Respondent still did not place Grievant in the position, even though he had more seniority than the successful applicant, because Respondent asserted Grievant did not meet the experience requirement. Respondent is bound by the first level one decision, which rejected the argument that Respondent could include an experience requirement in the selection process, and cannot relitigate the issues decided therein. Respondent was required by the first level one decision to base its decision on seniority, qualifications, which is defined as holding the class title or passing the Crew Leader competency test, and evaluations. Grievant was the most senior remaining applicant, and should have been placed in the position.
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