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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Moore
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Decision Date
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3/9/2017
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Docket Number
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2017-0131-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Engineering Tech Associate
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Topics
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Dismissal; Hostile Work Environment
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Dismissed; Moot
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Statutes
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W. Va. Code St. R. § 156-1-6.19; W. Va. Code St. R. § 156-1-6.11 (2008); W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code § 6C-2-2(I)(1)
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d; Lawrence v. Bluefield State Coll., Docket No. 2008-0666-BSC (June 19, 2008); Emrick v. Wood County Bd. of Educ., Docket No. 03-54-300 (Mar. 9, 2004); Hall v. W. Va. Div. of Corr., Docket No. 89-CORR-687 (Oct. 19, 1990); Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993)
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Keywords
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Hostile Work Environment; Restriction of Duties; Motion to Dismiss; Retirement; Relief; Moot; Advisory Opinion
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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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Grievant was employed by Respondent as a Transportation Engineering Technician – Associate. Grievant alleged he had been subjected to a hostile work environment and inappropriate restriction of duties. After filing his grievance, Grievant retired. Respondent asserts the grievance is now moot because Grievant retired and failed to state a claim upon which relief can be granted. Respondent proved Grievant’s claims are either moot due to his retirement or request relief that is unavailable from the Grievance Board. Accordingly, the grievance is dismissed.
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