Database Search Result Details
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First Name
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VIRGINIA
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Last Name
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TOTH
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Decision Date
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4/21/1988
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Docket Number
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33-87-309-4
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ALJ
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JW
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Respondent
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MCDOWELL 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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AIDE
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Topics
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CALCULATION OF SUBSTITUTE SENIORITY
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Primary Issues
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Seniority begins on the date the employee enters into his or her assigned duties; miscalculation.
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Outcome
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GRANTED
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Statutes
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18-29-4, 18A-4-8b(b), 18A-4-15
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Related Cases
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DAY V. WYOMING COUNTY; CLINE V. MINGO
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Keywords
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SUBSTITUTE; CALCULATION; SENIORITY
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is a substitute aide and given training in the duties and responsibilities of an aide and signed her first substitute service personnel contract with the BOE on Dec 1987. Gr first entered into her duties as an aide on January 3, 1985 although the person for who she was substituting had the title of secretary. On Oct 1985 gr began substitute duties in special education and continued in this position until the end of the 86-87 school term when she was notified this position was 'dissolved' by action of the BOE. From the end of the 86-87 term to Sept 87, gr made application for a number of posted jobs for which she was qualified but not hired, including an aide position. Grievance granted; although the BOE called upon gr to fill in for a secretary on leave, she had not skills or training in such a job and as such her duties on that date more closely resembled those of a substitute aide, the Board should have calculated her seniority from that date.
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