Database Search Result Details
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First Name
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Clifford
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Last Name
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Garnes
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Decision Date
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8/20/2019
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Docket Number
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2019-1211-DOA
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ALJ
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BTC
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Respondent
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General Services Division
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Employment Type
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STATE
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Job Title
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Mechanic II
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved this grievance is moot as Grievant is no longer an employee.
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Outcome
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Moot
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Statutes
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W. Va. Code St. R. § 156-1-3; W. Va. Code § 6C-2-1(a)
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Related Cases
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Schade [v. W. Va. Univ., No. 18-0512 (W. Va. Supreme Court, June 7, 2019) (memorandum decision)]; Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep’t of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Vest v. Bd. of Educ., 193 W. Va. 222, 225, 455 S.E.2d 781, 784 (1995)
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Keywords
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Dismissed; Relief; Unsafe Working Conditions; Moot
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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 grieved alleged unsafe working conditions and failure to accommodate his disability. Respondent moved to dismiss the grievance asserting mootness as Grievant was no longer an employee. As the grievance only involves conditions of employment, Respondent proved the grievance is now moot. Accordingly, Respondent’s motion to dismiss should be granted, and this grievance, dismissed.
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