Database Search Result Details

First Name PATRICIA
Last Name PAYNE
Decision Date 9/15/1988
Docket Number 33-88-126
ALJ JW
Respondent MCDOWELL COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title SCHOOL NURSE
Topics POSITION ELIMINATED
Primary Issues Grievants position was not a reclassification requiring placement on a preferred recall list
Outcome DENIED
Statutes 18-5-22, 18A-2-6
Related Cases
Keywords RIF; RECLASSIFICATION; POSITION ELIMINATED; LACK OF NEED
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis GRIEVANT WAS EMPLOYED AS AN LPN AND EFFECTIVE 7/1/86 THE BOE WAS PROHIBITED FROM HIRING LPN'S FOR THE POSITIONS OF SCHOOL NURSES. GRIEVANT ALLEGES THE BOE HAS NOT LACK OF NEED FOR HEALTH SERVICES AND THUS, RIF WAS IMPROPER AND SHE SHOULD BE REINSTATED. IN THE ALTERNATIVE, SHE SHOULD BE PLACED ON A PREFERRED RECALL FOR AIDES SINCE SHE WAS CATEGORIZED AS SUCH FOR ONE YEAR. GRIEVANT WAS GIVEN A TERMINATION HEARING. CATEGORIZATION OF GRIEVANT AS AIDE DIDN'T CHANGE HER DUTIES AND WAS NOT A RECLASSIFICATION REQUIRING HER TO BE PLACE ON PREFERRED RECALL. HER TERMINATION WAS NOT A RIF BUT A RESULT OF CODE, 18-5-22

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