Database Search Result Details

First Name PHYLLIS
Last Name PARKER
Decision Date 12/14/1989
Docket Number 89-45-434
ALJ JW
Respondent SUMMERS COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title SECRETARY III
Topics TRANSFER
Primary Issues Procedural Compliance
Outcome DENIED
Statutes 18A-2-7;18A-4-8B;5300
Related Cases BURDEN OF PROOF-THREE CASES
Keywords COMPLIANCE; DUE PROCESS; TRANSFER
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Does 5300 apply to administrative transfer? No. Does 18A-2-7 require a vote on each employee? No. Was 18A-4-8b(b) violated? No. Grievant challenged her transfer on several grounds and alleged that the position she was transferred to was not filled in accordance with 18A-4-8b(b). Her claim of harassment was also rejected. This case also holds that a service employee can be assigned to fill a posted vacancy whether the employee applies for the position or not, if the employee would have been awarded the position and an application had been made.

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