Database Search Result Details
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First Name
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Rodney
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Last Name
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Goff
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Decision Date
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12/3/2018
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Docket Number
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2018-1178-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Topics
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Dismissed; Remedy Wholly Unavailable
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Primary Issues
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Whether this grievance should be dismissed as Grievant’s only requested relief is wholly unavailable from the Grievance Board.
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Outcome
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Dismissed; Remedy Wholly Unavailable
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Statutes
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W. Va. Code St. R. § 156-1-6.19; W. Va. Code § 6C-2-4(a)(1)
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Related Cases
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Earnest v. Bd. of Dir./ S. W. Va. Cmty. & Technical Coll., Docket Nos. 98-BOD-273/00-HE-396 (Feb. 7, 2003), aff’d, Kan. Cnty. Cir. Ct. civil action # 03-AA-32 (Mar. 23, 2004); Snodgrass v. Kanawha County Bd. of Educ., Docket No. 97-20-007 (June 30, 1997); Stalnaker v. Div. of Corr., Docket No. 2013-1084-MAPS (Mar. 26, 2014); Vest v. Bd. of Educ. of County of Nicholas, 193 W. Va. 222, 225, 227 n. 11 (1995)
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Keywords
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Motion to Dismiss; Tort-like Damages; 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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Grievant filed the instant grievance against Respondent alleging that laundering his work uniforms was causing damage to his washer and dryer and exposing family members to hazardous materials. The only relief requested by Grievant was for Respondent to replace his washer and dryer. Respondent moved to dismiss the grievance for failure to state a claim upon which relief can be granted. The Grievance Board is not authorized by statue to hear tort claims or award tort-like damages. Grievant seeks a remedy wholly unavailable through the grievance process. Accordingly, the grievance is dismissed.
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