Database Search Result Details
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First Name
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Michelle
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Last Name
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Markovich
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Decision Date
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4/15/2019
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Docket Number
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2017-1361-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital 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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Assistant Chief Executive Officer
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Topics
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Dismissed; Untimely
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Primary Issues
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Whether this grievance was timely filed.
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Outcome
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Untimely; Moot
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Statutes
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W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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Lynch v. W. Va. Dep’t of Transp., Docket No. 97-DOH-060 (July 16, 1997), aff’d, Circuit Court of Kanawha County, No. 97-AA-110 (Jan. 21, 1999); Kessler v. W. Va. Dep’t of Transp., Docket No. 96-DOH-445 (July 28, 1997); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Pryor, et al. v. W. Va. Dept of Trans/Div. of Highways, Docket No. 97-DOH-341 (Oct. 29, 1997)
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Keywords
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Motion to Dismiss; Untimely; Timelines
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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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The record developed in this matter demonstrates by a preponderance of the evidence that Grievant failed to file a grievance within fifteen days following the occurrence of the event upon which the grievance is based. Accordingly, this grievance is dismissed as untimely. In addition, as it relates to any purported classification issue, the relief sought has been provided and, as such, that issue is moot.
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