Database Search Result Details
    
        
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                First Name
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                Robert
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                Last Name
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                Reed
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                Decision Date
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                12/27/2019
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                Docket Number
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                2019-0844-MrnED
                
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                ALJ
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                RLR
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                Respondent
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                Marion 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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                Mechanic/Bus Operator
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                Topics
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                Seniority
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                Primary Issues
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                Whether Grievant proved that he regularly operated a school bus during the time he was classified as a mechanic and that he should have held a multi-classification during that time.
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                Outcome
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                Granted
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                Statutes
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                W. Va. Code § 18A-4-8b; W. Va. Code § 18A-4-8b(i)(16)
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                Related Cases
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                Arnold v. Monongalia County Bd. of Educ., Docket No. 01-30-505 (Jan. 10, 2002); Carver v. Kanawha County Bd. of Educ., Docket No. 01-20-057 (Apr. 13, 2001); Morgan v. Pizzino, 256 S.E.2d 592 (W. Va. 1979)
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                Keywords
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                Seniority Date; Job Duties; Multi-Classification
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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 has been regularly employed by Respondent as a service personnel employee since February 1996.  Grievant initially held the school bus operator classification title and later held mechanic classification titles. Respondent acknowledges that Grievant was required to operate a school bus on a regular basis during the time that he held the mechanic classification titles.  Respondent also acknowledges that it did not conduct a reclassification review of Grievant’s job duties at any time.  Grievant proved by a preponderance of the evidence that he regularly operated a school bus during the time he was classified as a mechanic and that he should have held a multi-classification during that time.  This grievance is granted.  Respondent is ordered to assign Grievant his original bus operator date of August 20, 1996, for seniority in that classification.
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