Database Search Result Details
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First Name
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Darla
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Last Name
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Guy
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Decision Date
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4/24/2017
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Docket Number
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2016-1700-KanED
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ALJ
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BTC
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Respondent
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Kanawha County Board of Education
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Employment Type
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SERV
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Job Title
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Cook III
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Topics
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Dismissed; Timeliness
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Primary Issues
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Whether Respondent proved the grievance was not timely filed.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(2)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Harvey v. W. Va. Bur. of Emp’t Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Harris v. Lincoln County Bd. of Educ., Docket No. 89-22-49 (Mar. 23, 1989)
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Keywords
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Selection; Motion to Dismiss; Time Limits; Untimely Filed
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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 is employed by Respondent as a full-time cook. Grievant was not offered a summer cook position for the summer of 2015. Grievant did not file her grievance challenging her non-selection for the position until approximately one year later, on June 1, 2016, claiming she was unaware of who had been selected or how or why Respondent had made its selection decision until May 2016. Respondent proved the grievance was not timely filed when it was filed approximately a year after Grievant was not selected to fill the position. Grievant’s discovery of the identity of the person selected to fill the position does not extend her time limit to file the grievance. Accordingly, the grievance is dismissed.
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