Database Search Result Details
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First Name
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Charlena
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Last Name
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Frye
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Decision Date
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12/18/2017
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Docket Number
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2017-1012-LinED
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ALJ
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CHL
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Respondent
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Lincoln 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 proved by a preponderance of the evidence her claim that she was entitled to a certain extracurricular assignment.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2008); W. Va. Code § 18A-4-16(1); W. Va. Code § 18A-4-16(5); W. Va. Code § 18A-4-16(6) W. Va. Code § 18A-4-8b; W. Va. Code § 18A-4-8g
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Related Cases
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Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990), Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ.; Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993)
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Keywords
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Extracurricular; Seniority; Previous School Year; Succeeding School Year
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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 employed by Respondent as a bus operator. Grievant applied for an extracurricular bus run, but the same was awarded to another bus operator. Grievant claims that she should have been awarded the run because of her overall higher seniority. Respondent denies Grievant’s claim and asserts that it properly awarded the run to another employee who had held the same during the last school year. Grievant failed to prove her claim by a preponderance of the evidence. Therefore, this grievance is DENIED.
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