Database Search Result Details
First Name
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Dana
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Last Name
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Smith
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Decision Date
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6/14/2017
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Docket Number
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2016-1877-LinED
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ALJ
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LRB
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Respondent
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Lincoln County Board of Education
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Employment Type
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PROF
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Job Title
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Director
|
Topics
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Dismissed
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Primary Issues
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Whether grievance was 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-2-1; W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(1); W. Va. Code § 18-29-4
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Related Cases
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Craig v. Dep't of Health & Human Res., Docket No. 98-HHR-334 (June 24, 1999); Hale and Brown v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989); Spahr v. Preston Co. Bd. of Educ., [182 W. Va. 726,] 391 S.E.2d 739 (1990); Nutter v. W. Va. Dep’t of Health & Human Res., Docket No. 94-HHR-630 (Mar. 23, 1995); Jones v. Div. of Reh. Srvcs, Docket No. 00-RS-046 (June 22, 2000)
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Keywords
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Motion To Dismiss; Untimely Filed; Continuing Damage; Salary
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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, Lincoln County Board of Education. Grievant first filed this grievance on June 30, 2016, challenging salary determinations dating as far back as fifteen to seventeen years ago. Grievant has now retired and contesting prior salary determinations. It is established that this grievance was not timely filed, and Grievant has not offered any lawfully adequate justification or excuse for the extreme delay. This grievance is DISMISSED.
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