Database Search Result Details
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First Name
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ROBERT
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Last Name
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PHARES
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Decision Date
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1/29/1987
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Docket Number
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42-86-232-2
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ALJ
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SK
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Respondent
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RANDOLPH 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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BUS OPERATOR
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Topics
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SELECTION; VACANCY
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Primary Issues
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Seniority
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Outcome
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GRANTED
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Statutes
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18A-4-8B(B); 18A-4-8
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Related Cases
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336 S.E.2D 197 (WV 1984); 162 W.VA. 579, 582,
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Keywords
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SELECTION; VACANCY;
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County, Civil Action #87-AA-58; Affirmed without discussion 3/23/89, King
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Supreme Court
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Synopsis
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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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