Database Search Result Details

First Name ROBERT
Last Name VANGILDER
Decision Date 8/31/1988
Docket Number 28-88-076
ALJ SK
Respondent MINERAL COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title ATTENDANCE DIRECTOR/FEDERAL PROGRAMS CONSULTANT
Topics POSTING
Primary Issues Assignments Changed
Outcome DENIED
Statutes 18-8-3, 18A-2-7, 18A-4-8b, 18-29-2(p)
Related Cases
Keywords ASSIGNMENTS; POSTING
Intermediate Court of Appeals
Circuit Court Grievant appealed to Mineral County 7/27/88, Civil Action # not available; Affirmed
Supreme Court
Synopsis G, attendance director (70% of time so spent) and federal programs consultant during the 1987-88 school term, grieves his change of assignment to full-time attendance worker and employment term reduced from 220 to 200 days, effective the 1988-89 school term. DECISION: Contention of G that W.Va. Code 18A-2-2 is applicable is rejected, for his employment was not terminated. There is no new position requiring advertisement under W.Va. Code 18A-4-8b. There was no transfer under W.Va. Code 18A-2-7 and, even if there had been the due process rights were complied with. Also, Policy 5300 does not apply to administrative transfers. Also, no violation of his contract since the contract provides only that the term of employment shall be fixed by the BOE. No support for allegation of reprisal. DENIED.

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