Database Search Result Details
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First Name
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CHERYL
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Last Name
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HEATER
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Decision Date
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10/25/1988
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Docket Number
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11-88-078
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ALJ
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NK
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Respondent
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GILMER 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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SPEECH/LANGUAGE PATHOLOGIST
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Topics
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RIF
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Primary Issues
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Reduction of positional salary supplement based on a 200 day contract without reduction of assignments or responsibilities.
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Outcome
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GRANTED
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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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EXTENDED CONTRACTS; SUPPLEMENT PAY, REDUCED ASSIGNMENTS;
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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 was terminated and rehired to perform exactly the same duties for the same period of time but for less money unlike the other staff who had their overall duties and responsibilities reduced accordingly. The personnel action to which grievant was subjected differed from the RIF action imposed on others and the BOE's position that W.Va. Code, 18A-4-5a is not applicable in this matter cannot be upheld. The plain language of the statute makes it clear that local funds allocated for across the board county-wide salary supplements and for positional supplements may not be reduced without prior approval from the St BOE. The reduction of grievant's supplemental salary without a corresponding reduction of her teaching term and responsibilities clearly places the personnel action to which she was subjected under the purview of Code, 18A-4-5a.
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