Database Search Result Details
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First Name
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Lindsey
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Last Name
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Plymale
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Decision Date
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10/4/2018
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Docket Number
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2019-0169-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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HSW
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Topics
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Dismissed
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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 § 6C-2-1; W. Va. Code St. R. § 156-1-6.19.2
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Related Cases
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Forshey v. Jackson, 222 W.Va. 743, 671 S.E.2d 748 (2008); McGinnis v. Dep’t of Health & Human Res./Lakin Hosp., Docket No. 2014-1661-DHHR (Sept. 3, 2014); Lilly v. Div. of Natural Res., Docket No. 98-DNR-011 (Mar. 26, 1998); Edmond, et al. v. Div. of Juvenile Serv., Docket No. 99-DJS-293 (Feb. 22, 2000); Gill v. Div. of Natural Res., Docket No. 2009-1598-CONS (May 22, 2009); Waybright v. Dep’t of Health & Human Res¸ Docket No. 2012-1317-DHHR (June 15, 2012)
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Keywords
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Motion to Dismiss; Temporary Employee; Lack of Jurisdiction
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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 temporary exempt employee in a Health Service Worker position. Respondent moved to dismiss the grievance for lack of jurisdiction. Temporary employees are not afforded the statutory right to file a grievance. Accordingly, this grievance is DISMISSED.
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