Database Search Result Details
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First Name
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DAVID
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Last Name
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WILSON, ET AL.
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Decision Date
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9/9/1988
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Docket Number
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43-88-097
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ALJ
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NK
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Respondent
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RITCHIE 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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SUSPENSION
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Primary Issues
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NEGLECT OF DUTY; WORK STOPPAGE
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Outcome
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DENIED
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Statutes
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301 S.E.2d 846; 18A-2-8
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Related Cases
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PINSON V. CABELL CBOE; MCFARLANE V. WVDOE; GOBELI V. TUCKER CBOE
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Keywords
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NEGLECT OF DUTIES; WALKOUT; WORK STOPPAGE; WILLFUL NEGLECT NOTICE; ABANDON; MODIFY
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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 #88-AA-267; Affirmed 7/20/89, Zakaib
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Supreme Court
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Synopsis
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Grievants participated in an illegal work stoppage without adequate without giving adequate notice to the principal. Grievants' were advised that they would be suspended for willful neglect of duties, that their pay would be docket for one-half day and disciplinary letter would be place in personnel files for one year. Grievance denied; The walkout action to voice their protest was not illegal, however, the legality of their action is not at issue. Regardless of what motivated grievants' walkout, they did willfully abandon their students abruptly with no provisions made for the students' care and supervision and the statute does not require that the incident of willful neglect of duty be either a 'concerted' work stoppage or any other illegal act. It is not the function of the ESEGB to modify the discipline meted out to school employees but, instead to examine and assess the evidence presented. The discipline meted out was not unreasonable or disproportionate to the offense as to be improper or shocking to one's sense of fairness.
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