Database Search Result Details
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First Name
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MARY BETH
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Last Name
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PROCTOR
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Decision Date
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2/1/1989
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Docket Number
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40-88-182
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ALJ
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DC
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Respondent
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PUTNAM COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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SENIORITY
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Primary Issues
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IMPROPER CALCULATION
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Outcome
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GRANTED
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Statutes
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18A-4-8b, 18A-4-8b(a)
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Related Cases
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351 S.E.2D 58, 63 (W.VA. 1986); 374 S.E.2D 184
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Keywords
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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, classroom teacher, alleges she was not selected for job(s) because of improper calculation of seniority. Grievant contends that her seniority should have been calculated from the time she was originally certified in August 1980 by the Sate Department of Education to teach physical education and special education and not from December, 1987, the date she was certified to teach elementary grades. DECISION: Seniority of professional personnel shall be determined on the basis of length of time the employee has been professionally employed by the county board of education. 'For purposes of establishing seniority...when an employee holds valid certification or licensure in one or more areas, the seniority shall accrue in each area...'. W.Va. Code, 18A-4-8b(a). GRANTED; the board of education's calculation of grievant's seniority for relevant purposes, and its selection of professional employees based not on qualifications or even seniority, but solely on time-within-certification, was inappropriate as a matter of law.
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