Database Search Result Details
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First Name
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Aaron
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Last Name
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White
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Decision Date
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4/19/2018
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Docket Number
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2018-0035-MAPS
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ALJ
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BTC
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Respondent
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Division of Corrections/Mount Olive Correctional Complex
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Employment Type
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STATE
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Job Title
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Sergeant
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Topics
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Dismissed
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Dismissed; Moot
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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; W. Va. Code § 6C-2-3(h)
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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 Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973); Dunlap v. Dep't of Environmental Protection, Docket No. 2008-0808-DEP (Mar. 20, 2009); Spangler v. Cabell County Board of Education, Docket No. 03-06-375 (March 15, 2004); Stewart v. Div. of Corr., Docket No. 04-CORR-430 (May 31,2005); Jarrell v. Raleigh County Bd. of Educ. Docket No. 95-41-479 (July 8, 1996); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003)
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Keywords
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Motion to Dismiss; Relief; Money Damages; Moot
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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 filed the instant grievance alleging harassment, hostile working environment, and retaliation. For relief, Grievant sought only money damages and for discipline to be imposed upon another employee for retaliation against Grievant. Respondent moved to dismiss the grievance alleging Grievant seeks remedies that are wholly unavailable through the grievance process. The Grievance Board does not have the authority to award “tort-like” damages. The remedy of discipline against another employee for retaliation is not wholly unavailable, however, as Grievant is no longer employed and he grieved only conditions of his employment, the grievance is moot. Accordingly, the grievance is dismissed.
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