Database Search Result Details
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First Name
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WANETTA
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Last Name
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JOHNS
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Decision Date
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5/26/1988
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Docket Number
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51-87-279-2
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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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SERV
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Job Title
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AIDE IV
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Topics
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TRANSFER
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Primary Issues
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Reassignment of staff members within the building.
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Outcome
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GRANTED
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Statutes
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18-2-7, 18A-2-7, 18A-2-9
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Related Cases
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PANSMITH ET AL V. TAYLOR CBOE; BURGE AND WORRELL V. MERCER CBOE
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Keywords
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REASSIGNMENT; SELECTION
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed, Civil Action #88-MISC-34; Reversed by Sommerville 5-13-93
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Supreme Court
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S.Ct. reversed Cir.Ct. at 447 S.E.2D 599, 191 W. VA. 664 (W.VA. 1994).
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Synopsis
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Decisions regarding the filling of service personnel positions are to be made on the basis of seniority, evaluation of past service and qualifications. While the grievant remains classified as an 'aide' the change in assignment from a federally funded reading and math program to a federally funded early childhood program constitutes a transfer. Reassignment by the Superintendent was in violation of the transfer provisions.
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