Database Search Result Details
|
First Name
|
R.
|
|
Last Name
|
D.
|
|
Decision Date
|
10/5/2017
|
|
Docket Number
|
2017-1155-DHHR
|
|
ALJ
|
WBM
|
|
Respondent
|
Department of Health and Human Resources/Bureau for Children and Families
|
|
Employment Type
|
STATE
|
|
Job Title
|
Office Assistant 2
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether the Grievance Board has jurisdiction to hear this matter.
Whether there in any remedy which can be granted.
|
|
Outcome
|
Dismissed; Lack of Jurisdiction and Remedy Wholly Unavailable
|
|
Statutes
|
W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.2
|
|
Related Cases
|
Monongahela Power Co. v. Chief, Off. of Water Res., Div. of Envtl. Prot., 211 W.Va. 619, 567 S.E.2d 629, 637 (2002); State ex rel. Hoover v. Berger, 199 W.Va. 12, 16, 483 S.E.2d 12, 16 (1996); Clutter v. Dep’t of Agriculture, Docket No. 2009-1372-AGR (May 28, 2009)
|
|
Keywords
|
Motion to Dismiss; Jurisdiction; SNAP Benefits Relief, Remedy Unavailable
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant alleges receiving a reprimand and being denied benefits by Respondent. Grievant seeks removal of any disciplinary action and restoration of all benefits. Respondent did not administer a reprimand or any other discipline to Grievant. The benefits Grievant seeks to be restores are SNAP benefits received through a nutrition program which is totally separate from Grievants’s employment. The Grievance Board has no jurisdiction to grant relief related to the SNAP program and there is not relief available for a disciplinary action since none was taken. Because there is no relief available through the grievance procedure the grievance must be DISMISSED.
|
Back to Results
Search Again