Database Search Result Details
|
First Name
|
Michael
|
|
Last Name
|
Bryant
|
|
Decision Date
|
10/6/2017
|
|
Docket Number
|
2018-0021-DOC
|
|
ALJ
|
LRB
|
|
Respondent
|
Division of Natural Resources
|
|
Employment Type
|
STATE
|
|
Job Title
|
Administrative Service Manager III
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether the remedy that Grievant seeks in this grievance is available through the grievance process.
|
|
Outcome
|
Dismissed; Remedy Wholly Unavailable
|
|
Statutes
|
W. Va. Code § 5-5-6; W. Va. Code § 6C-2-2(h); W. Va. Code § 6C-2-1
|
|
Related Cases
|
Brining v. Div. of Corrections, Docket No. 05-CORR-284 (Dec. 7, 2005); Rainey v. Div. of Motor Vehicles, Docket No. 2008-0278-DOT (Mar. 11, 2008); Monongahela Power Co. v. Chief, Off. of Water Res., Div. of Envtl. Prot., 211 W.Va. 619, 567 S.E.2d 629, 637 (2002); Posey v. W. Va. Univ., Docket No. 2009-0745-WVU (Apr. 10, 2009)
|
|
Keywords
|
Motion to Dismiss; Jurisdiction; Remedy; Relief; Unused Leave
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant attempted to avail himself of the opportunity to receive value for accrued unused annual and/or sick leave. As authorized by W. Va. Code '5-5-6 Grievant applied to exchange unused leave. Grievant’s request was denied by the administrating authority, West Virginia Department of Administration, because funding for the state-wide program had been eliminated. Grievant filed this grievance against his employer the West Virginia Division of Natural Resources. Grievant’s employer, DNR, Respondent does not have the ability to remedy the facts and circumstances that gave rise to this grievance. The grievance procedure is in place to allow employees to pursue grievances against the agency which employs them. Inasmuch as Respondent is not responsible for the action about which Grievant complains, and has no authority to resolve the grievance, this grievance is not proper for resolution by this body. Accordingly, Respondent’s motion is granted and this grievance is dismissed.
|
Back to Results
Search Again