Database Search Result Details
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First Name
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Mark
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Last Name
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Walls
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Decision Date
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8/25/2017
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Docket Number
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2017-0955-CabED
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ALJ
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LRB
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Respondent
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Cabell 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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Bus Operator
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Topics
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Selection
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Primary Issues
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Whether Grievant established that Respondent unlawfully failed to award him an identified extracurricular bus run.
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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; W. Va. Code § 18A-4-16
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Related Cases
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Harrison v. Ginsberg, 169 W. Va. 162, 286 S.E.2d 276, 283 (1982); Russell v. Wayne Co. Bd. of Educ., Docket No. 02-50-041 (March 25, 2002) aff.d, Kan. Co. Cir. Ct., Civil Action No. 02-AA-54 (August 22, 2002); Smith v. Putnam Co. Bd. of Educ., Docket No. 99-40-058 (April 2, 1999); Garner v. Monongalia Co. Bd. Of Educ., Docket No. 05-30-164 (Sept. 16, 2005)
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Keywords
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Selection; Extracurricular Bus Runs; Seniority; Arbitrary and Capricious
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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, employed by Respondent as a bus operator, applied for an extracurricular position, but was not the successful applicant. Grievant filed this grievance challenging his non-selection for an extracurricular special needs bus run. Grievant contends that, based on his seniority, he should have been awarded the (Sp. needs) bus run. Grievant is not assigned to a lift bus, which is required to complete the identified bus run. Respondent specified valid cause why Grievant, a service person, with acknowledged seniority was not employed in the positon for which he applied. Grievant is not available to complete this run. Accordingly, this grievance is DENIED.
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