Database Search Result Details
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First Name
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Amanda
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Last Name
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Stanley
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Decision Date
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11/21/2019
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Docket Number
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2019-1361-MasED
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ALJ
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WBM
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Respondent
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Mason 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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Secretary
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Topics
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ECCAT Seniority
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Primary Issues
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Whether Grievant proved that Respondent inaccurately calculated her ECCAT seniority date.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-4-8g(g)
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Related Cases
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Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Bailey v. W. Va. Dept. of Transp., Docket No. 94-DOH-389 (Dec. 20, 1994); Riddle v. Dep’t of Health & Human Ser., Docket No. 2016-1268-DHHR (Feb. 23, 2017)
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Keywords
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Seniority Date; Reduction in Force; Pay Grade
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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 alleges that Respondent violated its policy and the State statute related to the calculation of her ECCAT seniority. She claims that this violation resulted in a less senior Aide/ECCAT to be improperly recalled to an Aide/ECCAT position before Grievant. Respondent asserts that their system of subtracting a day of Grievant’s accumulated ECCAT seniority for each day that she worked outside of that classification was proper.
Grievant proved that Respondent did not follow the ECCAT seniority calculation process required by statute and Board policy, and that this violation caused Grievant to not be recalled to an Aide/ECCAT position ahead of a less senior employee.
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