Database Search Result Details
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First Name
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Priscilla
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Last Name
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Thomas
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Decision Date
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10/2/2018
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Docket Number
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2017-2268-WVU
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ALJ
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BTC
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Community Coordinator
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Topics
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Dismissed
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Primary Issues
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Whether Grievant meets the definition of employee and whether this grievance must be dismissed.
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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 St. R. § 156-1-6.19 (2018); W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code § 6C-2-1(a); W. Va. Code St. R. § 133-39-2.1
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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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Motion To Dismiss; 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 in the Energy Express Program and grieved her non-selection for a position within that program. Respondent asserts that Grievant’s employment was temporary and that she was not an employee at the time the grievance was filed. Grievant asserts she was a permanent employee. Grievant does not meet the definition of employee and this grievance must be dismissed. Accordingly, the grievance is dismissed.
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