Database Search Result Details
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First Name
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SARAH
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Last Name
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MCCOURT
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Decision Date
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9/29/1988
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Docket Number
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51-88-047
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ALJ
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SK
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Respondent
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WEBSTER 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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TEACHER/GIRLS TRACK COACH
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Topics
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SELECTION
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Primary Issues
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Application of Seniority
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Outcome
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GRANTED
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Statutes
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18A-4-8b
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Related Cases
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346 S.E.2D 798 (W.VA. 1986); 341 S.E.2D 685
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Keywords
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QUALIFICATIONS; SELECTION, SENIORITY; FAVORITISM
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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 alleges favoritism in the selection of Coordinator of Athletic Activities as the successful candidate was the sister of the superintendent and seniority did not factor into the Board's selection. Merely ascertaining that all candidates meet the minimum qualifications for a position is not enough to trigger reliance upon seniority to fill the vacancy. Before seniority is to be considered two or more candidates must be equally qualified and not such determination has been made in this instance. Grievance granted and BOE is ordered to reevaluate the applicants.
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