Database Search Result Details
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First Name
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Norma
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Last Name
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Elkins, et al.
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Decision Date
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4/19/2017
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Docket Number
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2017-0981-CONS
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Economic Service Worker
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Topics
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Dismissed; Pay
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Primary Issues
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Whether Respondent proved 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. § 156-1-3 (2008)
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Related Cases
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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); Champ v. Pendleton County Bd. of Educ., Docket No. 01-36-419R (July 14, 2003); Khoury v. Public Serv. Comm'n, Docket No. 95-PSC-501 (Jan. 31, 1996)
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Keywords
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Motion to Dismiss; Rate of Pay; Minimum Salary; Moot
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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 are employed by Respondent as Economic Service Workers. Grievants alleged pay disparity after an Economic Service Worker position was posted at above the minimum starting salary. The posting was removed and Respondent’s human resources director asserts the posting above the minimum was an error. Although Grievants assert Respondent removed the posting it still intends to hire new employees above the minimum, that assertion is speculative. The grievance is moot and that any decision would be advisory. Accordingly, the grievance is dismissed.
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