Database Search Result Details
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First Name
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Charles
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Last Name
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Werntz III
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Decision Date
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5/9/2019
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Docket Number
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2018-1438-WVU
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ALJ
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JSF
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Associate Professor
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Topics
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Dismissed
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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
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Statutes
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W. Va. Code § 6C-2-4; W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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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); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Williamson v. W. Va. Dep’t of Tax and Revenue, Docket No. 98-T&R-275D (Sept. 30, 1998); Mehra v. W. Va. Univ. Potomac State College, Docket No. 2015-1080-PSCWVU (Sept. 2, 2015); 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); Lynch v. W. Va. Dep't of Transp., Docket No. 97-DOH-060 (July 16, 1997); Carnes v. Raleigh County Bd. of Educ., Docket No. 01-41-351 (Nov. 13, 2001)
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Keywords
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Motion to Dismiss; Timelines; Untimely Filing; Annual Leave
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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 was employed as an Associate Professor at West Virginia University’s School of Public Health. On August 24, 2017, WVU informed Grievant he was required to use annual leave to attend outside conferences and meetings scheduled for six days that fall, because he had used up the five days allotted for that purpose. In September 2017, Respondent reiterated this directive and entered annual leave on Grievant’s behalf into its timekeeping system. Grievant filed this grievance in June 2018, claiming WVU had entered his leave time without his knowledge. WVU moved for dismissal due to untimely filing, arguing the grievable event was in August when Grievant was directed to use his annual leave. Grievant contends that, in conjunction with his non-renewal and subsequent out-processing on June 4, 2018, he learned his leave payout was less than he had calculated and therefore checked the timekeeping system. He contends that the fifteen-day period to file a grievance was tolled until this discovery. He further contends WVU rescinded his required use of annual leave during a meeting on September 8, 2017, and there were multiple policy violations. WVU timely moved for dismissal and proved untimely filing. Grievant did not prove any basis to excuse untimely filing. Analysis of the merits is therefore unnecessary. Accordingly, the grievance is Dismissed.
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