Database Search Result Details
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First Name
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Susan
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Last Name
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Wheeler
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Decision Date
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2/27/2019
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Docket Number
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2018-1122-DEP
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ALJ
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WBM
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Respondent
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Department of Environmental Protection/Division of Mining and Reclamation AND Division of Personnel
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Employment Type
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STATE
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Job Title
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Environmental Resources Specialist 2
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Topics
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Back Pay
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Primary Issues
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Whether Grievant is entitled to back pay.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-3.68; W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.2
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Related Cases
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Spahr v. Preston County Bd. of Educ., 199 W. Va. 387, 391 S.E. 2d 739 (1990); Wagner v. Hardy County Bd. of Educ., Docket No. 95-16-504 (Feb. 23, 1996); Farley, et al., v. Wayne County Bd. of Educ., Docket No. 96-50-272 (Feb. 28, 1997); Mullins v. Kanawha County Bd. of Educ., Docket No. 94-20-364 (Dec. 29, 1994); Wiley v. Raleigh County Bd. of Educ., Docket No. 01-41-531 (Apr. 3, 2002); McClung v. Nicholas county Bd. of Educ., Docket No. 02-34-223 (Sept. 16, 2002); Coleman v. Dep’t of Health & Human Res., Docket No. 03-HHR-318 (Jan. 27, 2004); Brisendine and Propps v. Office of the Insurance Commissioner, Docket No. 2018-0294-CONS (Mar. 30, 2018)
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Keywords
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Back Pay; Reallocation; Timeliness
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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 challenged the DOP decision that she was not entitled to back pay when the position she previously held was reallocated from an ERS 1 to an ERS 2. Grievant did not have standing to file a grievance regarding the reallocation of the ERS 1 position because she was not in that position when the reallocation decision was made. Additionally, Grievant did not prove specific facts relate to when the ERS 1 might have been reallocated rendering any award of backpay as too speculative to grant.
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