Database Search Result Details
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First Name
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Sandra
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Last Name
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Jeffries, et al.
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Decision Date
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5/23/2017
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Docket Number
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2016-1741-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/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Dismissed; Back Pay
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Primary Issues
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Whether Respondent proved the 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); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
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Keywords
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Back Pay; Motion to Dismiss; Moot; Advisory Opinion; Lack of Jurisdiction
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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 in various classifications at William R. Sharpe, Jr. Hospital. Grievants alleged they had not received back pay that had been awarded to them in a previous level one decision. Respondent filed a motion to dismiss alleging mootness, among other arguments, as Grievants had received their back pay in July 2016. Grievants failed to respond to the motion to dismiss and dispute this assertion, despite notice and opportunity to be heard and the instruction that the grievance may be dismissed if Grievants did not respond. Respondent has proved the grievance is moot and must be dismissed. Accordingly, the grievance is dismissed.
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