Database Search Result Details
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First Name
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James
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Last Name
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Deshazo
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Decision Date
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2/27/2018
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Docket Number
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2017-2174-McDED
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ALJ
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LRB
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Respondent
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McDowell 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 demonstrated that Respondent erred in not awarding him one of the three new summer general maintenance positions.
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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(a); W. Va. Code § 18-5-39; W. Va. Code § 18A-4-8g(k)
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Carpenter v. Logan County Bd. of Educ., Docket No. 2015-0051-LogED (September 4, 2015); Bowmen v. Kanawha County Bd. of Educ., Docket No. 99-20-039B (Mar. 31, 1999); Beane v. Kanawha County Bd. of Educ., Docket No. 03-20-008 (April 30, 2003); Cowan, et al., v. Ritchie County Bd. of Educ., Docket No. 2010-1537-CONS (Jan. 20, 2012)
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Keywords
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Selection; Summer Job; Newly Created Summer Position; 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 is employed by Respondent as a bus operator. Grievant seeks to be placed in one of three new summer general maintenance positions for the summer of 2017. Of the applicants, Grievant was determined to be fourth in seniority. Grievant did not establish by a preponderance of the evidence entitlement to one of the new summer positions. Accordingly, this grievance DENIED.
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