Database Search Result Details
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First Name
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Martha
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Last Name
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Strickland
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Decision Date
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4/18/2019
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Docket Number
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2018-1391-KanED
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ALJ
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LRB
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Respondent
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Kanawha 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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Cook II
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Topics
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Selection
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Primary Issues
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Whether Respondent actions in selecting an applicant other than Grievant was arbitrary, capricious and/or resulted in a violation of W. Va. Code ' 18A-4-8b.
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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); Randolph County Bd. of Educ. v. Scott, 217 W. Va. 128, 617 S.E.2d 478 (2005); Hancock County Bd. of Educ. v. Hawken, 209 W. Va. 259, 546 S.E.2d 258 (1999)
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Keywords
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Selection; Seniority; Work Performance; Evaluations; Evaluation of Past Service; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court, 5/13/2019; Judge Webster; Dismissed/Withdrawn, 8/7/19
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Supreme Court
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Synopsis
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Grievant was not selected for a Cook II position at Clendenin Elementary School. Grievant was qualified and the most senior applicant for the position. County boards of education in West Virginia must fill school service personnel positions “on the basis of seniority, qualifications and evaluation of past service.” W. Va. Code ' 18A-4-8b(a) The dispute tends to be whether Respondent has lawfully denied Grievant the Cook II position.
Respondent maintains proper justification exist in the record for it to lawfully select another applicant for the position in discussion. Grievant persuasively establishes, that one or more of Respondent’s motivating concern(s) for not selection her, for the Cook II position, included factors not reflexed in Respondent’s official justification. All of Grievant’s work history with Respondent was relevant with regard to Respondent’s analysis and selection. Respondent had concerns with regard to Grievant’s past service, which include but not limited to her attendance, reliability and effect on work place. Evaluation of past service is more than the chronological measurement of time. Grievant did not meet her burden and establish that Respondent’s action was unlawful and/or resulted in a violation of W. Va. Code ' 18A-4-8b.
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