Database Search Result Details
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First Name
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Carson
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Last Name
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Kenner
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Decision Date
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10/3/2018
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Docket Number
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2019-0105-MISC
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ALJ
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BTC
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Respondent
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Orbital ATK
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Employment Type
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MISC
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Job Title
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High Rate Operator
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Topics
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Dismissed; Jurisdiction
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Primary Issues
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Whether this grievance should be dismissed for lack of jurisdiction.
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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 § 6C-2-1; W. Va. Code St. R. § 156-1-6.2 (2018); W. Va. Code § 6C-2-2(g)
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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 Serv., Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
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Keywords
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Jurisdiction; Employee; Employer
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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 “Orbital ATK,” a private corporation, which is not an employer subject to the grievance procedure. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance is dismissed.
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