Database Search Result Details
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First Name
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Earl
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Last Name
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Heater, et al.
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Decision Date
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5/2/2018
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Docket Number
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2018-0579-CONS
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Recreation Specialist
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Topics
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Dismissed; Pay
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Primary Issues
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Whether the Grievance Board has jurisdiction to hear this grievance.
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Outcome
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Dismissed; Lack of Jurisdiction
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Statutes
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W. Va. Code § 5-5-4a
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Related Cases
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E.H., et al., v. Martin, et al.,Civil Action No. 81-MISC-585; Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Karp, et al. v. Dep’t of Health & Human Res./William R. Sharpe, Jr. Hospital, Docket No. 2016-0426-CONS (Jan. 27, 2016); Miser, et al. v. Dep’t of Health & Human Res., Docket No. 2013-1324-CONS (May 6, 2014); DaSilva, et al. v. Dep’t of Health & Human Res./William R. Sharpe, Jr. Hospital & Div. of Personnel, Docket No. 2014-0733-CONS (July 25, 2014)
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Keywords
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Motion to Dismiss; Pay Increase; Jurisdiction; Advisory Opinion; Relief
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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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Grievants are employed by Respondent as Recreation Specialists at the William R. Sharpe, Jr. Hospital. Grievants assert that they were improperly denied a pay increase pursuant to a State Board of Personnel proposal. Respondent denies Grievants’ claim and assert that the Grievance Board lacks jurisdiction to hear this matter pursuant to West Virginia Code § 5-5-4a, and Grievants are seeking to enforce a circuit court order. The Grievance Board lacks jurisdiction in this matter. West Virginia Code § 5-5-4a specifically exempts pay increases granted pursuant thereto from the grievance process. Accordingly, this grievance is dismissed.
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