Database Search Result Details
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First Name
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Karen
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Last Name
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Shafer
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Decision Date
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8/26/2019
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Docket Number
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2019-0083-LewED
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ALJ
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JSF
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Respondent
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Lewis 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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Aide
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Topics
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Seniority
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Primary Issues
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Whether Respondent acted improperly or discriminatorily in not using the date Grievant was employed as an Aide to determine her ECCAT seniority.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-3(c)(1); W. Va. Code § 18A-4-8b(b); W. Va. Code § 6C-2-2(d)
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Related Cases
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Mayle v. Barbour County Bd. of Educ., No. 17-0204 (W. Va. Supreme Court) (January 8, 2018); Frymier v. Higher Education Policy Comm., 655 S.E.2d 52, 221 W. Va. 306 (2007); Bd. of Educ. v. White, 216 W.Va. 242, 605 S.E.2d 814 (2004)
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Keywords
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Seniority; Classification; Early Childhood Classroom Assistant Teacher
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Circuit Court of Kanawha County 10/10/19; Civil Action #19-AA-126; Judge Salango
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Supreme Court
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Synopsis
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Grievant has been employed by Respondent in the Aide classification since 2002. Grievant has never held an ECCAT position and was certified as an ECCAT only in 2018. Grievant contends that Respondent acted improperly and discriminatorily in not crediting her with ECCAT seniority using her Aide seniority after allowing its first group of ECCATs in 2014, to use their Aide seniority as an ECCAT seniority tie-breaker. Respondent argues that it is well-settled law that ECCATs and Aides are separate classifications, and seniority in one cannot be attributed to the other. Grievant did not prove Respondent acted improperly or discriminatorily in failing to credit her with ECCAT seniority using her Aide seniority.
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