Database Search Result Details
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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