Database Search Result Details
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First Name
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Raphael
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Last Name
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Adebulu
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Decision Date
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3/9/2018
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Docket Number
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2017-2117-MAPS
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ALJ
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BTC
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Respondent
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Division of Juvenile Services/Lorrie Yeager Jr. Juvenile Center
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Employment Type
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STATE
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Job Title
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Correctional Counselor II
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Topics
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Dismissed; Termination; Dismissal
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Primary Issues
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Whether any relief can be granted by the Grievance Board.
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Outcome
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Dismissed; Remedy Wholly Unavailable
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Statutes
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W. Va. Code St. R. § 156-1-6.19; W. Va. Code St. R. § 156-1-6.11
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Serv. Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973); Jett v. Div. of Juvenile Serv., Docket No. 2009-0845-MAPS (May 27, 2009); Elder v. Div. of Juvenile Serv., Docket No. 2010-0111-MAPS (Apr. 12, 2010); Brammer v. Div. of Juvenile Serv., Docket No. 2015-0913-CONS (June 15, 2015)
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Keywords
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Motion to Dismiss; Termination; Child Abuse; Relief Wholly Unavailable
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Intermediate Court of Appeals
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Circuit Court
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G appealed to Wood County Circuit Court 4/17/18, transferred to Kanawha County CA #18-AA-247 (Bloom); 3/14/19, Affirmed
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Supreme Court
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Synopsis
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Grievant was employed by Respondent as a counselor at Lorrie Yeager Jr. Juvenile Center and filed the instant grievance protesting his termination from that position. Respondent moved to dismiss the grievance, stating that Grievant had been found to have committed child abuse by a prior administrative decision, which disqualifies him from his former position. Grievant did not dispute that such a decision had been rendered, instead he asserted he had been discriminated against, had never received a copy of the full investigation, and that the grievance should not be dismissed as there was a claim upon which relief could be granted. He further argued that the Rules of Practice and Procedure of the West Virginia Public Employees Grievance Board prevents the dismissal of the grievance without hearing. The Grievance Board has no authority to overturn the administrative decision of an agency that is not Grievant’s employer. Grievant requests reinstatement to his position, which is relief that is wholly unavailable as he can no longer perform the essential duties of his position. Accordingly, the grievance is dismissed.
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