Database Search Result Details
|
First Name
|
RITA
|
|
Last Name
|
COMPTON
|
|
Decision Date
|
2/29/1988
|
|
Docket Number
|
27-87-281-4
|
|
ALJ
|
JW
|
|
Respondent
|
MERCER COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
SERV
|
|
Job Title
|
COOK
|
|
Topics
|
RIF
|
|
Primary Issues
|
Filling existing vacancies.
|
|
Outcome
|
GRANTED
|
|
Statutes
|
18A-4-8b(b)
|
|
Related Cases
|
|
|
Keywords
|
RIF; VACANCY; TRANSFER LIST; CHOICE
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
The Mercer County Board of Education failed to follow the provisions of 18A-4-8b(b) when it allowed an employee on the administrative transfer list to chose the vacancy she would fill and this failure on the Board's part resulted in her subsequent selection for a position for which gr has applied. DECISION: W.VA. CODE, 18A-4-8b (B) PROVIDES THAT WHEN A COUNTY BOARD OF EDUCATION ELIMINATES A SERVICE EMPLOYEE'S POSITION IT MUST AT THE SAME TIME DETERMINE WHETHER OR NOT A VACANCY EXISTS WITHIN A DIFFERENT GRADE OF THAT JOB CLASSIFICATION AND IF SUCH VACANCY EXISTS, FILL IT WITH THE EMPLOYEE WHOSE POSITION HAS BEEN ELIMINATED. IF NO SUCH VACANCY EXISTS THE COUNTY BOARD OF EDUCATION MUST THEN DETERMINE WHETHER OR NOT THERE IS AN EXISTING VACANCY IN ANY OTHER JOB CLASSIFICATION WHICH THE EMPLOYEE PREVIOUSLY HELD AND FILL IT WITH SAID EMPLOYEE AND IF NO SUCH VACANCY EXISTS, THAT EMPLOYEE IS TO BE TERMINATED. GRIEVANCE GRANTED.
|
Back to Results
Search Again