Database Search Result Details
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First Name
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CARL
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Last Name
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PORTER
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Decision Date
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12/11/1987
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Docket Number
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15-87-205-3
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ALJ
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NK
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Respondent
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HANCOCK 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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CUSTODIAN I
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Topics
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SELECTION
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Primary Issues
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Filling of vacant service personnel positions by seniority.
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Outcome
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DENIED
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Statutes
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18A-4-8B(B)
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Related Cases
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Keywords
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SENIORITY; TESTING; ON-THE-JOB; EXPERIENCE
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Hancock County, Civil Action #88-P-7-W; Affirmed 9/6/89, Wilson
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Supreme Court
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Synopsis
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Although Gr has just a few years overall county seniority, it is his position that he has the most seniority in the position advertised by virtue of occasional and later continuing substitute work in that classification. He also contends that he was more qualified for that particular position because of his on-the-job experience gained during the lengthy period of time that he occasionally and continuously substituted. The successful applicant had the most overall county seniority at sixteen years while gr had two and one-half yrs seniority Grievance denied; gr failed to prove that the BOE acted improperly in its selection of the most senior service personnel applicant for the position when no applicant was presently so classified to perform the job and testing is not a prerequisite for qualification.
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