Database Search Result Details
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First Name
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PHYLLIS
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Last Name
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PARKER
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Decision Date
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12/14/1989
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Docket Number
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89-45-434
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ALJ
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JW
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Respondent
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SUMMERS 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 III
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Topics
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TRANSFER
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Primary Issues
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Procedural Compliance
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Outcome
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DENIED
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Statutes
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18A-2-7;18A-4-8B;5300
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Related Cases
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BURDEN OF PROOF-THREE CASES
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Keywords
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COMPLIANCE; DUE PROCESS; TRANSFER
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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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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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