contesting the selection or the propriety of the posting. Young v. Marshall County Bd. of Educ., Docket No. 2008-1770-MarED (Sept. 18, 2009); Barber v. Mercer County Bd. of Educ., Docket No. 2008-0001-MerEd (Aug. 26, 2008). See Sanders v. Pocahontas County Bd. of Educ., Docket No. 06-38-430 (May 10, 2007).

Accordingly, this grievance is DENIED.

Any party may appeal this Decision to the Circuit Court of Kanawha County. Any such appeal must be filed within thirty (30) days of receipt of this Decision. See W. Va. Code § 6C-2-5. Neither the West Virginia Public Employees Grievance Board nor any of its Administrative Law Judges is a party to such appeal and should not be so named. However, the appealing party is required by W. Va. Code § 29A-5-4(b) to serve a copy of the appeal petition upon the Grievance Board. The Civil Action number should be included so that the certified record can be properly filed with the circuit court. See also 156 C.S.R. 1 § 6.20 (2008).

DATE: July 18, 2012

LEWIS G. BREWER Administrative Law Judge