Database Search Result Details
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First Name
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GLENATTA/VINA
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Last Name
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OWENS/CHURCH
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Decision Date
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4/30/1990
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Docket Number
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90-ABCC-003/004
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ALJ
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DC
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Respondent
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ALCOHOL BEVERAGE CONTROL COMMISSION
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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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LAYOFFS
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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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Supreme Court
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Synopsis
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Grievants, employed in different ABCC stores within administrative district (there are 11), were laid off. Employees within same classification and district with less seniority were retained. ABCC claims local store was layoff unit; Grievants contended it was the district. Civil Service regulations in effect at the time required ABCC that Civil Service approve layoff unit (1982), approved unit was the district. ABCC conceded this but questioned Personnel's authority to promulgate/enforce such a rule at the time of layoff, due to W.Va. Code 5F-2-2(d)'s grant of authority to ABCC's administrator.
DECISION: GRANTED. Code 5F-2-2(d) states that rights granted employees under Code 29-6-10 are inact unless expressly rescinded. Personnel had authority to approve layoff units, and the extent approval is the administrative districts. Neither Grievant should have been laid off.
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