Database Search Result Details
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First Name
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Gayla
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Last Name
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Adkins
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Decision Date
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12/6/2017
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Docket Number
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2016-1062-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families and Russell Findley, Jr., Intervenor
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Employment Type
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STATE
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Job Title
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Topics
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Dismissed, Untimely
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Primary Issues
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Whether Respondent proved this grievance was untimely filed and whether Grievant’s representative’s failure to file her appeal excuses the untimely filing.
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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), 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); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 730, 391 S.E.2d 739, 743 (1990); Duruttya v. Board of Educ., 181 W.Va. 203, 382 S.E.2d 40 (1989); Hale v. Mingo County Bd. of Educ., 199 W. Va. 387, 484 S.E.2d 640 (1997); Rutherford, et al. v. Bur. of Empl. Programs, Docket No. 03-BEP-040DEF (March 24, 2003)
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Keywords
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Untimely, Dismissed, Nonselection
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant grieved her non-selection for a position with Respondent. Following unsuccessful mediation, an Order of Unsuccessful Mediation was entered from which Grievant had ten days to appeal to level three of the grievance process. Grievant’s representative failed to file an appeal. Approximately four months later, Grievant discovered her representative had not filed an appeal and filed an appeal on her own behalf. Respondent moved to dismiss the appeal as untimely filed. Grievant does not dispute the grievance was untimely-filed. The failure of Grievant’s representative to file her appeal does not excuse the untimely filing. Accordingly, the grievance is dismissed.
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