Database Search Result Details

First Name Kerri
Last Name Swager
Decision Date 10/4/2017
Docket Number 2018-0018-MISC
ALJ BTC
Respondent Hammond Public Service District
Employment Type MISC
Job Title Office Manager
Topics Dismissed
Primary Issues Whether Grievance Board has jurisdiction to hear this matter.
Outcome Dismissed; Lack of Jurisdiction
Statutes W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.2 (2008); W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-2(g)
Related Cases McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
Keywords Jurisdiction; Public Corporation; State Agency
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by the Hammond Public Service District. The Hammond Public Service District is a public corporation created by a county commission that is a political subdivision of the State, which does not meet the definition of an employer subject to the grievance procedure. The Grievance Board lacks jurisdiction in this matter, and the grievance must be dismissed.

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