Database Search Result Details
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First Name
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Paul
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Last Name
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Hicks, Jr.
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Decision Date
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5/30/2018
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Docket Number
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2018-0824-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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HWENGAS
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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; 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. § 156-1-3 (2008)
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Related Cases
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Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Priest v. Kanawha Cnty. Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000); Biggerstaff v. Mingo Cnty. Bd. of Educ., Docket No. 02-29-384D (Mar. 24, 2003), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 03-AA-55 (Feb. 10, 2005); Mitias v. Pub. Serv. Comm’n, Docket No. 05-PSC-107R (Sept. 22, 2010), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 10-AA-185 (Sept. 11, 2012)
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Keywords
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Motion to Dismiss; Moot; Relief; Advisory Opinion
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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 is employed by Respondent as a Highway Engineer Associate by Respondent. Grievant protests Respondent’s decision to rehire an employee Grievant alleges engaged in misconduct while he was previously employed by Respondent. As relief, Grievant requests an investigation be conducted. Respondent moved to dismiss asserting the grievance was moot, untimely, and “because the relief sought is vague and cannot be granted.” Grievant opposed the dismissal of the grievance. The grievance is moot in that it protests Respondent’s actions in rehiring an employee who is no longer employed. The remedy requested, that an investigation be conducted, is wholly unavailable as the Grievance Board has no independent investigatory power or statutory authority to order an investigation be conducted. Accordingly, the grievance is dismissed.
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