Database Search Result Details
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First Name
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REBECCA
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Last Name
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WHETZEL
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Decision Date
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1/29/1990
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Docket Number
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89-RS-376
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ALJ
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RN
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Respondent
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DIVISION OF REHABILITATION SERVICES
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Employment Type
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STATE
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Job Title
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Topics
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CLASSIFICATION/BACK PAY
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Primary Issues
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Outcome
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GRANTED
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Statutes
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Related Cases
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County, Civil Action #90-AA-36; Agreed Dismissal Order 5/17/90, MacQueen
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Supreme Court
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Synopsis
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GRIEVANT, RECLASSIFIED AS SECRETARY II IN 1989, ALLEGED THAT SHE HAD WORKED AS SECRETARY II SINCE 1985 AND SOUGHT BACK WAGES FOR THE SAME. RESPONDENT DENIED THE ALLEGATION AND ASSERTED UNTIMELY FILING AND LACHES. DECISION: GRIEVANCE GRANTED. CLAIM IS TIMELY SINCE FILED WITHIN JURISDICTIONAL TIMEFRAMES CREATED BY AFSCME IV. RESPONDENT SUCCESSFULLY SHOWED THAT GRIEVANT WAS WITHOUT EXCUSE IN NOT EARLIER PURSUING HER CASE; HOWEVER, IT DID NOT DEMONSTRATE PREJUDICE, A REQUIRED ELEMENT OF LACHES. GRIEVANT HAS SHOWN THAT HER ACTUAL JOB DUTIES MORE CLOSELY MATCHED THE CIVIL SERVICE CLASSIFICATION DESCRIPTION FOR THE SECRETARY II POSITION FOR THE PERIOD IN QUESTION.
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