Database Search Result Details
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First Name
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NORMAN/CARL
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Last Name
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LILLY/MOTEN
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Decision Date
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2/11/1987
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Docket Number
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10-86-251-4
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ALJ
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JR
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Respondent
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FAYETTE 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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SERVICE PERSONNEL
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Topics
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SELECTION
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Primary Issues
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Governor's Summer Youth Program
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18-29-6, 18A-4-8B, 18A-4-8B(B), 18-29-2(A)(M) AND (O)
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Related Cases
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YEAGER V. NICHOLAS CB; 294 S.E.2D 910 (WV 1982)
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Keywords
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REMAND
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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 #87-MISC-136; Affirmed in part, reversed in part and remanded to GB for evidence on whether grievants would have been hired, Judge Kaufman (see 10-86-251-4R for rest of history)
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Supreme Court
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Synopsis
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GS, ALL SCHOOL SERVICE EMPLOYEES, WERE NOT GIVEN INFORMATION CONCERNING SUPERVISORY POSITIONS IN THE GOVERNOR'S SUMMER YOUTH PROGRAM BUT PROFESSIONAL WERE GIVEN APPLICATIONS AND TWO OF THEM WERE HIRED. THIS CASE HOLDS THE CB WAS A JOINT EMPLOYER AND THAT 18A-4-8B(B) APPLIED REQUIRING THEM TO BE NOTIFIED OF THE OPPORTUNITY FOR THE POSITION; THAT R VIOLATED THE STATUTE AND ENGAGED IN DISCRIMINATION AND FAVORITISM. THE HEARING EXAMINER FOUND, HOWEVER, THAT THE GS HAD NOT SHOWN THEY WERE ENTITLED TO ANY BACK WAGES OR OTHER MONETARY RELIEF. NOTE THE CC ORDERED PAYMENT OF REASONABLE ATTY. FEES UPON FILING OF AN AFFIDAVIT AND DETERMINATION OF REASONABLENESS AND THE RATE FOR THE FEE. SUBSEQUENT HISTORY: FINAL DECISION RENDERED 12/30/91 APPEALED TO KANAWHA CC;
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