Database Search Result Details
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First Name
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David
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Last Name
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Sunt
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Decision Date
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10/30/2015
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Docket Number
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2015-1110-DOT
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ALJ
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BTC
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Respondent
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Division of Highways and Division of Personnel
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Employment Type
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STATE
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Job Title
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HETR
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Topics
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Dismissed; Salary
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Primary Issues
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Whether Respondent has proven that the grievance was untimely 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-2-2(c)
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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); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995); Harvey v. W. Va. Bureau of Employment Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (March 4, 2011)
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Keywords
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Discretionary Pay Rate Increase; Co-Op Experience; Rate of Pay; Untimely Filing; Time Limits
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 11/24/2015, Civil Action #15-AA-130, Affirmed 3/16/2016, King
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Supreme Court
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Synopsis
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Grievant was hired by Respondent as a Highway Engineer Trainee in 2012. Respondent had the discretion to appoint Grievant to his position at a rate higher than entry-level, but did not do so. The posting specifically notified Grievant of the availability of this discretionary pay at appointment to the position. The grievance was not timely filed. Accordingly, the grievance is dismissed.
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