Database Search Result Details
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First Name
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John
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Last Name
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Elbert
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Decision Date
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3/1/2019
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Docket Number
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2018-1085-HarED
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ALJ
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RLR
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Respondent
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Harrison 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 is entitled to the position at issue.
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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
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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)
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Keywords
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Selection; Seniority; Qualifications; Job Posting
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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 the school bus supervisor position currently held by Mr. Stonestreet. Grievant argues that his qualifications were superior to the more senior applicants and that he should have been selected by Respondent. Mr. Stonestreet and Respondent contend that Mr. Stonestreet was properly selected to fill the vacancy, because Mr. Stonestreet met the minimum qualifications for the posted vacancy and Respondent has substantial discretion in making hiring decisions. Respondent has the discretion to select the most senior applicant who meets the minimum qualifications for a posted vacancy, pursuant to the provisions of West Virginia Code § 18A-4-8b. Accordingly, this grievance is denied.
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