Database Search Result Details
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First Name
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Sherry
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Last Name
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Dunlap
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Decision Date
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8/12/2019
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Docket Number
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2019-1560-MAPS
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ALJ
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WBM
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Respondent
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West Virginia State Police
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Employment Type
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STATE
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Job Title
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Human Resource Associate
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Topics
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Default
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Primary Issues
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Whether Respondent is in default at level one.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-4(a); W. Va. Code § 6C-2-3(b)(1)
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Related Cases
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Donnellan v. Harrison County Bd. of Educ., Docket No. 02-17-003 (Sept. 20, 2002); Hunt v. W. Va. Bureau of Empl. Programs, Docket No. 97-BEP-412 Dec. 31, 1997); Duruttya v. Board of Educ., 181 W.Va. 203, 382 S.E.2d 40 (1989)
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Keywords
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Default; Level One Conference; Notice; Time Limits
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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 a level one grievant form with the West Virginia Public Employees Grievance Board. Approximately twenty days after the grievance was sent to the Grievance Board, Grievant gave notice of a claim for default alleging Respondent failed to hold a conference within ten days of receiving the grievance form. Grievant failed to prove that Respondent received the original grievance form. Accordingly, Grievant’s notice of default was file before Respondent had an opportunity to meet its statutory obligation.
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