Database Search Result Details

First Name ROBERT
Last Name PHARES
Decision Date 1/29/1987
Docket Number 42-86-232-2
ALJ SK
Respondent RANDOLPH COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATOR
Topics SELECTION; VACANCY
Primary Issues Seniority
Outcome GRANTED
Statutes 18A-4-8B(B); 18A-4-8
Related Cases 336 S.E.2D 197 (WV 1984); 162 W.VA. 579, 582,
Keywords SELECTION; VACANCY;
Intermediate Court of Appeals
Circuit Court Respondent appealed to Kanawha County, Civil Action #87-AA-58; Affirmed without discussion 3/23/89, King
Supreme Court
Synopsis Grievant alleged the Transportation Director position was filled in violation of 8b(b). Grievant had been the Assistant Transportation Director for a number of years and relied upon his seniority. He had ranked third by a committee that conducted interviews. The State Superintendent if Schools has ruled that the position is the same as Supervisor of Transportation listed in 18A-4-8. This case has several conclusions of law including one prorating seniority to the time allocated to each position. Grievant had greater seniority as Assistant Director and as a Bus Operator. The successful applicant was selected in part based on his ownership of a business but other candidates outside experience was not ascertained. Board must investigate and evaluate the qualifications of all applicants on a uniform basis under 8b(b).

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