Database Search Result Details
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First Name
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Herbert
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Last Name
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Skeens, Jr.
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Decision Date
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6/7/2019
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Docket Number
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2019-1485-MAPS
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ALJ
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BTC
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Respondent
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Division of Administrative Services
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Employment Type
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STATE
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Job Title
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ASA II
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Topics
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Dismissed
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Primary Issues
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Whether the Grievance Board has jurisdiction in this matter.
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Outcome
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Lack of Jurisdiction
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Statutes
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W.Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-1(a); W. Va. Code § 6C-2-2(i)(1)
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
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Keywords
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Motion to Dismiss; Employee; Employer; Jurisdiction
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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 filed his grievance against his employer, the Division of Administrative Services, protesting the actions of the Division of Personnel in disqualifying his application for a position with the Department of Health and Human Resources. The decision of the Division of Personnel relating to Grievant’s application for employment with a state agency not already his employer is not a grievable event. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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