details - Public Grievance Board

First Name	Dwight
Last Name	Testement
Decision Date	6/27/2017
Docket Number	2013-1846-MAPSDEF
ALJ	BTC
Respondent	Regional Jail and Correctional Facility Authority/Southern Regional Jail
Employment Type	STATE
Job Title	Correctional Officer III
Topics	Default
Primary Issues	Whether Respondent is in default.
Outcome	Default Granted
Statutes	W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-1; W. Va. Code § 6C-2-3(b)(1); W. Va. Code St. R. § 156-1-6.15
Related Cases	Donnellan v. Harrison County Bd. of Educ., Docket No. 02-17-003 (Sept. 20, 2002)
Keywords	Default; Level One Decision
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant filed this grievance protesting his suspension. A level one conference was held, but no decision was provided to the Grievance Board or Grievant. Pursuant to the Rules of Practice and Procedure of the West Virginia Public Employees Grievance Board, the parties were notified by letter that, as no action had been taken in the grievance since the conference, the grievance would be dismissed unless timely written objection was made. Grievant made timely objection and Respondent was ordered to comply with the provisions of W. Va. Code § 6C-2-1, et seq. by providing the Grievance Board and Grievant with a copy of the level one decision or by scheduling a conference. Respondent failed to comply with order and failed to appear for the default hearing to demonstrate it was prevented from doing so directly as a result of injury, illness or a justified delay not caused by negligence or intent to delay the grievance process. Grievant’s request for default was not timely, but timeliness is an affirmative defense Respondent failed to raise. Respondent is in default. Accordingly, Grievant’s claim for relief by default is granted. A second hearing must be scheduled to allow Respondent opportunity to demonstrate whether the remedy sought by Grievant is contrary to law or contrary to proper and available remedies.

Database Search Result Details