Database Search Result Details
First Name
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Johnny
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Last Name
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Adkins
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Decision Date
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9/13/2017
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Docket Number
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2016-1817-WayED
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ALJ
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RLR
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Respondent
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Wayne County Board of Education
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Employment Type
|
SERV
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Job Title
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Custodian
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Topics
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Selection
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Primary Issues
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Whether Grievant was entitled to be placed in the position based on his summer 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(f); W. Va. Code § 18A-4-8b
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Related Cases
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Howard and Brooks v. Marshall County Bd. of Educ., Docket No. 2015-1630-CONS (July 27, 2016); Lilly v. Fayette County Bd. of Educ., Docket No. 96-10-481 (Sept. 15, 1997); Eisentrout v. Preston County Bd. of Educ., Docket No. 2010-0022-PreED (Apr. 16, 2010)
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Keywords
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Selection; Summer Position; Classification; Seniority
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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 is employed by Respondent as a Custodian. Grievant argued he should have been placed in a half-time summer custodian position in the summer of 2016, because it was a position that he held in the summer of 2013. The facts of this case do not meet the statutory requirement that an employee be given the option of retaining a job that they held during the previous summer. Respondent correctly returned the employee who held the position in the summer of 2015 to the position in the summer of 2016.
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