Database Search Result Details
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First Name
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WAYNE
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Last Name
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LEMASTER
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Decision Date
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4/29/1988
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Docket Number
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50-87-331-1
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ALJ
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SK
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Respondent
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WAYNE 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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SUBSTITUTE CUSTODIAN
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Topics
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VACANCY
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Primary Issues
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Substitute Consideration
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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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351 S.E.2D 58 (WV 1986) 42-87-227-21
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Keywords
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SUBSTITUTE; VACANCY
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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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THE GRIEVANT HAS BEEN EMPLOYED BY THE BOE SINCE JANUARY 1985 AS A SUBSTITUTE CUSTODIAN ASSIGNED TO VARIOUS SCHOOLS. SIX REGULAR CUSTODIAN POSITIONS WHERE POSTED ON SEPTEMBER 16, 1987, TWO OF WHICH WERE AWARDED TO INDIVIDUALS WITH LESS SENIORITY THAN GRIEVANT. FOUR REGULAR CUSTODIAN POSITIONS WERE POSTED ON SEPTEMBER 26, 1987 TWO OF WHICH WERE AGAIN AWARDED TO INDIVIDUALS WITH LESS SENIORITY THAN GRIEVANT. W.VA. CODE 18A-4-8b(b) REQUIRES THAT SERVICE PERSONNEL POSITIONS BE FILLED ON THE BASIS OF SENIORITY, EVALUATIONS OF PAST PERFORMANCE AND QUALIFICATIONS DEFINED AS THE APPLICANT HOLDING A CLASSIFICATION TITLE IN HIS CATEGORY OF EMPLOYMENT. APPLICANTS FOR SERVICE PERSONNEL POSITIONS SHALL BE CONSIDERED IN A SPECIFIED ORDER OF FIVE CLASSIFICATIONS INCLUDING: (4) SUBSTITUTE SERVICE PERSONNEL. A COUNTY BOARD OF EDUCATION HAS SUBSTANTIAL DISCRETION IN THE HIRING OF SCHOOL PERSONNEL SO LONG AS IT IS EXERCISED REASONABLY, IN THE BEST INTEREST OF THE SCHOOLS, AND NOT IN AN ARBITRARY OR CAPRICIOUS MANNER. THE SUPERINTENDENT'S DECISION TO NOT RECOMMEND THE GRIEVANT WHO HAD ESTABLISHED AN UNSATISFACTORY RECORD AS A SUBSTITUTE EMPLOYEE, FOR A REGULAR EMPLOYMENT WAS NOT AN ABUSE OF HIS DISCRETION OR DONE IN AN ARBITRARY AND CAPRICIOUS MANNER. GRIEVANCE DENIED.
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