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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VANGILDER
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Decision Date
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8/31/1988
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Docket Number
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28-88-076
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ALJ
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SK
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Respondent
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MINERAL 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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ATTENDANCE DIRECTOR/FEDERAL PROGRAMS CONSULTANT
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Topics
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POSTING
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Primary Issues
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Assignments Changed
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Outcome
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DENIED
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Statutes
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18-8-3, 18A-2-7, 18A-4-8b, 18-29-2(p)
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Related Cases
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Keywords
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ASSIGNMENTS; POSTING
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Mineral County 7/27/88, Civil Action # not available; Affirmed
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Supreme Court
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Synopsis
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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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