Database Search Result Details
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First Name
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JAMES
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Last Name
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PHILLIPS, ET AL.
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Decision Date
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2/8/1989
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Docket Number
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50-88-175/197
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ALJ
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DC
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Respondent
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WAYNE COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHERS (VOCATIONAL)
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Topics
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CONTRACTS
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Primary Issues
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Modify terms of employment; contract terms.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18-29-4, 18A-2-2, 18A-2-7
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Related Cases
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288 S.E.2D 524 (W.VA. 1982)
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Keywords
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CONTRACT; MODIFY; MUTUAL CONSENT; MAJORITY VOTE
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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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GRIEVANTS, ALL EMPLOYED AS VOCATIONAL TEACHERS, WERE DENIED ANTICIPATED EMPLOYMENT FOR SUMMER, 1988 AND FILED A GRIEVANCE SEEKING PAY THEY WOULD HAVE RECEIVED HAD THEY WORKED. GRIEVANTS WORKED UNDER CONTINUING CONTRACTS SPECIFYING A TERM OF EMPLOYMENT OF EITHER 220 OR 240 DAYS. GRIEVANT PHILLIPS WORKED UNDER A 200 DAY PROBATIONARY CONTRACT. ALL OTHER GRIEVANTS WERE ADVISED IN 1985 THAT RECOMMENDATION WOULD BE MADE TO TRANSFER THEM FROM THE CURRENT CONTRACT TO ONE OF 200 DAYS OF EMPLOYMENT WITH AN ADDENDUM PROVIDING FOR AN EXTENDED 20-40 DAY TERM. DECISION: IN ORDER TO MODIFY THE TERMS OF EMPLOYMENT SUCH AS THE NUMBER OF WORKDAYS IN A CONTINUING CONTRACT OF A PROFESSIONAL STAFF MEMBER, A COUNTY BOARD OF EDUCATION MUST COYLY WITH THE PROCEDURES OF CODE, 18A-2-2. DENIED AS IT PERTAINS TO GRIEVANT PHILLIPS; GRANTED AS IT RELATES TO ALL OTHER GRIEVANTS. A MAJORITY OF THE BOARD OF EDUCATION'S FULL MEMBERSHIP DID NOT VOTE TO TERMINATE GRIEVANTS' CONTRACTS PRIOR TO APRIL 1, 1985 NOR DID ANY GRIEVANT ENTER INTO A MUTUAL CONSENT OF OR MODIFICATION OF HIS/HER CONTINUING CONTRACT. THEREFORE, THE BOARD OF EDUCATION FAILED TO MEET THE PROVISIONS OF CODE, 18A-2-2.
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