Database Search Result Details
First Name
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Debra
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Last Name
|
Dempsey
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Decision Date
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8/10/2017
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Docket Number
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2017-0491-KanED
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ALJ
|
LRB
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Respondent
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Kanawha County Board of Education
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Employment Type
|
SERV
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Job Title
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Inventory Supervisor
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Topics
|
Compensation
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Primary Issues
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Whether Grievant is entitled to the compensation rate of her prior position.
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Outcome
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Denied
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Statutes
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W. Va. Code 18A-4-15(a)(4); W. Va. Code 18-A-4-8b(g)
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Related Cases
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Keywords
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Vacancy; Pay Grade; Policy; Arbitrary and Capricious
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Intermediate Court of Appeals
|
|
Circuit Court
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|
Supreme Court
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Synopsis
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Grievant transferred out of a 261-day Buyer position with the knowledge that the position was going to be reduced to a 220-day position. To avoid the loss of benefit(s) Grievant sought and accepted employment in an alternate position (Inventory Supervisor), preserving 261-day employment terms, but compensation at a lower pay rate. The Buyer position was transformed; however, Respondent did not timely pursue a permanent fix to the vacancy, after Grievant’s departure. Grievant contends she is entitled to the pay difference between the two positions from the time of her departure till the Buyer position actually became a 220-day position.
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