Database Search Result Details
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First Name
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Michael
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Last Name
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Urban, et al.
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Decision Date
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5/10/2018
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Docket Number
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2018-0739-CONS
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ALJ
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BTC
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Respondent
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General Services Division
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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
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Primary Issues
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Whether Grievants stated a claim upon which relief can be granted.
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Outcome
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Dismissed; Failure to State Claim
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Statutes
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W. Va. Code St. R. § 156-1-6.19; W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 6C-2-2(i)(1)
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Related Cases
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Jefferson County Bd. of Educ. v. Jefferson County Educ. Assoc. 183 W. Va. 15, 393 S.E.2d 653 (1990); City of Fairmont v. Retail, Wholesale, & Dep't Store Union, AFL-CIO, 166 W. Va. 1, 283 S.E.2d 589 (1980); Alderman v. Pocahontas Cty. Bd. of Educ., 223 W. Va. 431, 434 675 S.E.2d 907, 910 (2009); Borough of Duryea v. Guarnieri, 564 U.S. 379 (2011)
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Keywords
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Motion to Dismiss; Failure to State a Claim; Relief; Remedy Wholly Unavailable
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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, General Services. Grievants grieved the agency director’s refusal to meet with their union representative to discuss a policy the employees proposed regarding employee compensation. Respondent moved to dismiss the grievance alleging Grievants had failed to state a claim upon which relief can be granted. Grievants assert Respondent violated the Petition Clause of the West Virginia Constitution. Grievants have failed to state a claim upon which relief can be granted as the agency director’s refusal to meet with Grievants’ union representative was not a violation of the Petition Clause because it was not regarding a matter of public concern and Grievants have alleged no other statutes, policies, rules or written agreements the agency director violated by his refusal. Accordingly, the grievance is dismissed.
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