Database Search Result Details
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First Name
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PEGGY
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Last Name
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CAWTHON
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Decision Date
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2/16/1988
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Docket Number
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21-87-244-2
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ALJ
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SK
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Respondent
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LEWIS 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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BUS OPERATOR
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Topics
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TRANSFER
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Primary Issues
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ELIMINATE POSITION
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Outcome
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DENIED
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Statutes
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18A-2-7
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Related Cases
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275 S.E.2D 908 (W.VA.) 1980); 351 S.E.2D 58
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Keywords
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ELIMINATE; 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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GRIEVANT, A BUS OPERATOR, ALLEGES VIOLATION OF W.Va. CODE, 18a-4-8b WHEN THE BOARD ELIMINATED HER POSITION ALTHOUGH THE 'RUN' WAS NOT ELIMINATED. THE BOARD OF EDUCATION HELD THAT THE 'RUN' WAS DUPLICATED BY TWO OTHER DRIVERS AND THAT THE READJUSTMENTS OF BUS SCHEDULES WERE NECESSARY AND COULD RESULT IN PERSONNEL CHANGES. GRIEVANT WAS PLACED ON A TRANSFER LIST ON MARCH 18. DECISION: COUNTY BOARDS OF EDUCATION HAVE SUBSTANTIAL DISCRETION IN MATTERS RELATING TO THE HIRING, ASSIGNMENTS, TRANSFER AND PROMOTION OF SCHOOL PERSONNEL SO LONG AS IT IS REASONABLY EXERCISED AND NOT ARBITRARY OR CAPRICIOUS. GRIEVANCE DENIED; GRIEVANT WAS TRANSFERRED IN COMPLIANCE WITH W.VA. CODE, 18A-2-7. GRIEVANT FAILED TO TIMELY PURSUE HER RIGHTS THROUGH THE GRIEVANCE PROCESS AND FAILED TO DEMONSTRATE THE REASON FOR THE DELAY.
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