Database Search Result Details
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First Name
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Steven
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Last Name
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Messer
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Decision Date
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3/8/2019
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Docket Number
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2018-0936-CONS
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ALJ
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WBM
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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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TW2
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Topics
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EPA; Travel Pay
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Primary Issues
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Whether Respondent proved that Grievant failed to file this grievance related to Employee Performance Appraisals or Pay for Travel Time within the mandatory time line established by statute after he became aware of the events giving rise to the grievances.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(1)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Spahr v. Preston County Board of Education, 182 W. Va. 726, 391 S.E.2d 739 (1990); Combs v. Dep’t of Health & Human Ser., Docket No. 2013-0497-DHHR (Sept. 23, 2013)
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Keywords
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Employee Performance Appraisal; Travel Time Pay; Unprocessed Equal Employment Opportunity (EEO) Claims; Timelines; Discovery Rule
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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 has three claims that have been consolidated for resolution in this decision. Grievant claims that all his Employee Performance Appraisals must be reevaluated because his supervisor gave him a second higher EPA on the same day after Grievant complained that the first appraisal was invalid as too low. Grievant claims that he should have received travel time for a period where he was required to drive past the Crum substation to report to work in Wayne. Respondent proved that both these grievances were filed months after the time mandated for filed established by statute. These grievances must be DISMISSED.
Grievant also claims the Respondent violated policies and guidelines related to processing of Equal Employment Opportunity complaints. Grievant failed to meet the burden of proof for this claim by failing to cite or provide and guideline or policy which Respondent is alleged to have violated. This grievance must be DENIED.
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