Database Search Result Details
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First Name
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Helen
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Last Name
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Bradley
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Decision Date
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11/6/2017
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Docket Number
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2017-1538-OhiED
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ALJ
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BTC
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Respondent
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Ohio County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved that this 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-2-4(a)(1)
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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), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Harvey v. W. Va. Bur. of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 729, 391 S.E.2d 739, 742 (1990); Straley v. Putnam County Bd. of Educ., Docket No 2014-0314-PutED (July 28, 2014), aff’d, Straley v. Putnam County Bd. of Educ., No. 15-1207 (W. Va. Supreme Court, Nov. 16, 2016) (memorandum decision)
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Keywords
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Motion to Dismiss; Time Limits; Untimely Filed
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 12/26/2017, Civil Action #17-AA-99, Stucky
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a full-time teacher. Upon her hire as a full-time employee in 2010, Grievant requested, but was denied, certain experience credit in her salary determination. At the time, Grievant was unaware she had a right to file a grievance, and also struggled with serious personal issues. Grievant filed her grievance after she joined her union and became aware of her grievance rights. Respondent moved to dismiss the Grievant as untimely. Grievant argued the grievance was timely as a continuing practice. The grievance does not involve a continuing practice, but, rather, continuing damage from the original salary determination. Grievant’s untimely filing of her grievance almost seven years later cannot be excused by her ignorance of her grievance rights or her personal issues. Accordingly, the grievance is dismissed.
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