Database Search Result Details
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First Name
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EARL
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Last Name
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HYSELL
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Decision Date
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6/1/1987
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Docket Number
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26-86-159-1
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ALJ
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NK
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Respondent
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MASON 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 III
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Topics
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SALARY EQUITY; EMPLOYMENT TERM
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Primary Issues
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Board of education responsibility to investigate claim for change in employment term; voluntary performance of duties.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18-29-4(a)(1), 18A-4-5b
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Related Cases
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Keywords
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EQUITY; CONTRACTS; DISPUTE; VOLUNTARY; ESTOPPEL
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Mason County, 6/22/87, Civil Action #87-C-176, Withdrawn
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Supreme Court
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Synopsis
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Gr is employed as a 240 day custodian. Gr was hired to replace a 261 day custodian at Ordnance School, which he characterizes as big and difficult to keep clean. There was no denial that his work responsibilities were the same as the departed custodian's. In 1985, at least eight years from the date of his initial employment, gr filed a grievance asking that his contract be extended to 261 days with retroactive back wages. In spite of when gr did pursue his dispute with school officials, he was given mixed messages about how he should attempt to resolve his work situation. On one hand, the superintendent told him to file a grievance; on the other hand, another official stated that a gr procedure was hardly the method by which to gain his remedy. An advisory by gr's principal on his level one response that gr claim be considered because a 261 day custodian was need and ignored by school official. An advisory at the level two hearing that the administration should investigate the amt of work gr does was ignored. Notwithstanding that work responsibilities required gr to work more days than those for which he was contracted and paid, he did so on a voluntary basis and made no claim from monetary relief for back wages as a matter of law. The school board became cognizant of grievant's entitlement to an extended contract but it neither denied nor investigated gr's belated claim, such omission a constructive admission that gr deserves a 261 day contract.
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