Database Search Result Details
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First Name
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Dwight
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Last Name
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Testement
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Decision Date
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10/2/2018
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Docket Number
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2013-1846-MAPS
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ALJ
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BTC
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Respondent
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Regional Jail and Correctional Facility Authority/Southern Regional Jail
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Employment Type
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STATE
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Job Title
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Correctional Officer III
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Topics
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Default Remedy
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Primary Issues
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Whether the relief Grievant requested in his original grievance filing is contrary to law or contrary to proper and available remedies.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-7 (2008); W. Va. Code § 6C-2-3(b)(2)
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Related Cases
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Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 730, 391 S.E.2d 739, 743 (1990); Duruttya v. Bd. of Educ., 181 W.Va. 203, 382 S.E.2d 40 (1989); Hale v. Mingo County Bd. of Educ., 199 W. Va. 387, 484 S.E.2d 640 (1997); Lough v. Dep’t of Health & Human Res., Docket No. 99-HHR-323 (Aug. 29, 2000); Messer v. Mingo County Bd. of Educ., Docket No. 00-29-332 (May 16, 2001), aff’d, Kanawha Cty. Cir. Ct. Civil Action No. 01-AA-80 (Oct. 22, 2001)
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Keywords
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Default Remedy; Relief
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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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Default judgment was granted in this matter by Order Granting Default issued June 27, 2017, and the matter was bifurcated to allow Respondent opportunity to demonstrate whether the remedy sought by Grievant was contrary to law or contrary to proper and available remedies. A default remedy hearing was scheduled for which Respondent again failed to appear and failed to demonstrate good cause for its failure to appear. Although Grievant was later terminated from his employment with Respondent, the grievance only protests his unpaid suspension from employment. Although the Grievance Board has previously allowed grievants to litigate their subsequent dismissal in grievances challenging a suspension when “the facts giving rise” to the suspension were the same as the dismissal, in this circumstance, it would not further a simple and expeditious process to allow Grievant to receive relief in default for the termination he did not grieve. Grievant is limited to recovering the relief he requested in his original grievance filing. Accordingly, the grievance is granted only as to the specific relief requested by Grievant in the original grievance filing for the time-period between his suspension and termination.
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