Database Search Result Details
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First Name
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Paula
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Last Name
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Cunningham
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Decision Date
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7/25/2018
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Docket Number
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2018-0642-DOT
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ALJ
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BTC
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Respondent
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Division of Motor Vehicles and Cecil Lloyd, Intervenor
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Employment Type
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STATE
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Job Title
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Customer Service Representative
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Topics
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Dismissed
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Primary Issues
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Whether Respondent has proven the grievance is moot and must be dismissed due to Grievant’s termination from employment.
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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. § 156-1-3
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Related Cases
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Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); 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); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Beckett v. Dep’t of Health & Human Res., & Div. of Pers., Docket No. 2013-0078-DHHR (Aug. 20, 2013); Muncy v. Mingo County Bd. of Educ., Docket No. 96-29-211 (Mar. 28, 1997); Forshey v. Jackson, 222 W.Va. 743, 671 S.E.2d 748 (2008)
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Keywords
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Motion to Dismiss; Relief; 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 was employed by Respondent as a Customer Service Representative. Grievant protests her non-selection for the position of Transportation Systems Director II. Respondent moved to dismiss the grievance as moot due to Grievant’s termination from employment. Respondent has proven the grievance is moot and must be dismissed due to Grievant’s termination from employment. Accordingly, the grievance is dismissed.
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