details - Public Grievance Board

First Name	Timothy
Last Name	Dewitt
Decision Date	2/15/2019
Docket Number	2013-2262-CONS
ALJ	BTC
Respondent	West Virginia University
Employment Type	HE
Job Title	Trade Specialist 1
Topics	Dismissed; Moot
Primary Issues	Whether this grievance is moot since Grievant is no longer employed by Respondent.
Outcome	Moot
Statutes	W. Va. Code St. R. § 156-1-6.19 (2018); W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code St. R. § 156-1-6.11 (2018); W. Va. Code § 6C-2-6(a) (2018)
Related Cases	Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep’t of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Baker v. Bd. of Directors, Docket No. 97-BOD-265 (Oct. 8, 1997); Komorowski [v. Marshall County Bd. of Educ, No. 11-1659 and 11-1767 (W. Va. Supreme Court, February 22, 2013) (memorandum decision); Stanley v. Div. of Highways, Docket No. 2013-0758-CONS (May 2, 2014); Sizemore v. Dep’t of Health & Human Res., Docket No. 2017-0947-DHHR (Feb. 17, 2017); Dunlap v. Dep't of Environmental Protection, Docket No. 2008-0808-DEP (Mar. 20, 2009)
Keywords	Motion to Dismiss; Moot; Employee; Resignation; Relief
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was previously employed by Respondent but resigned his employment. Respondent moved to dismiss the grievance as moot. As Grievant is no longer employed, his claim relating to his non-selection for a position is moot. The remainder of Grievant’s claims relate to conditions of his employment, which are also moot as Grievant is no longer employed. The relief requested for some claims, which may be available in other forums, is unavailable within the grievance process. Accordingly, the grievance is dismissed.

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