Database Search Result Details
|
First Name
|
Merle
|
|
Last Name
|
Maloy
|
|
Decision Date
|
1/10/2019
|
|
Docket Number
|
2019-0553-MAPS
|
|
ALJ
|
WBM
|
|
Respondent
|
Adjutant General's Office
|
|
Employment Type
|
STATE
|
|
Job Title
|
Trade Specialist II
|
|
Topics
|
Dismissal; No jurisdiction
|
|
Primary Issues
|
Whether the Grievance Board has jurisdiction in this matter.
|
|
Outcome
|
Dismissed; Lack of Jurisdiction
|
|
Statutes
|
W. Va. Code § 6C-2-1(a); W. Va. Code § 6C-2-2(g); W. Va. Code §15-1J-4
|
|
Related Cases
|
McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
|
|
Keywords
|
Motion to Dismiss; Jurisdiction; Employee; Employer
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by the West Virginia Military specifically in the Air National Guard. Grievant’s employment is specifically exempted from the grievance procedure by statute. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance is dismissed.
|
Back to Results
Search Again