Database Search Result Details
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First Name
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SUE
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Last Name
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MCCLANAHAN, ET AL.
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Decision Date
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7/19/1989
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Docket Number
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89-22-151
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ALJ
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SA
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Respondent
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LINCOLN 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
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Topics
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COMPENSATION
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Primary Issues
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18A-4-5A
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Related Cases
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action 89-AA-150 (consolidated with Ignatiious, Civil Action #90-AA-166 and Dillon, Civil Action #90-AA-172) Affirmed 8/29/94, Berger
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Supreme Court
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Synopsis
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TWENTY VOCATIONAL TEACHERS ALLEGE THAT RESPONDENT'S PROVIDING 'POSITION PAY' TO ALL TECHNICAL AND INDUSTRIAL (T&I) TEACHERS VIOLATES W.VA. CODE 18A-4-5A'S UNIFORMITY REQUIREMENTS. RESPONDENT CONTENDS THAT THE GRIEVANCES ARE UNTIMELY SINCE THE PAY HAS BEEN IN EFFECT SINCE 1972 AND GRIEVANTS KNEW OR SHOULD HAVE KNOWN THIS. DECISION: GRANTED IN PART; SINCE THE PAYMENT IS A CONTINUING PRACTICE, THE GRIEVANCES ARE TIMELY. SINCE GRIEVANTS ESTABLISHED THAT THERE WAS NO DIFFERENCES IN TRAINING, EXPERIENCE OR RESPONSIBILITY JUSTIFYING THE PAY (INSTITUTED TO DRAW INDIVIDUALS FROM PRIVATE INDUSTRY WHEN THE ECONOMY WAS BOOMING), THEY ESTABLISHED A VIOLATION. HOWEVER, THEY HAVE NOT SHOWN THEY ARE ENTITLED TO THE POSITION PAY, AND, EVEN IF THE PAST DISPARITY WOULD SO ENTITLE THEM, BACK PAY WOULD BE DENIED ON THE BASIS OF LACHES SINCE RESPONDENT ESTABLISHED THAT IT WOULD BE FINANCIALLY PREJUDICED BY PAYMENT OF BACK PAY.
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