Database Search Result Details
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First Name
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David
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Last Name
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Marshall
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Decision Date
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8/19/2019
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Docket Number
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2013-0122-WVU
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ALJ
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BTC
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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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Trade Specialist I
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved this matter is moot as Grievant voluntarily retired from employment.
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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 (2018)
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Related Cases
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Komorowski v. Marshall County Bd. of Educ., No. 11-1659 and 11-1767 (W. Va. Supreme Court, February 22, 2013)
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Keywords
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Dismissal; Selection; Retirement; Relief; Back Pay; 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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At the time of the filing of the grievance, Grievant was employed by Respondent as a Trade Specialist I. Grievant grieved his nonselection for a Trade Specialist Lead II position. The grievance was held in abeyance at the agreed request of the parties to allow a decision on the grievance of the employee who Grievant acknowledged had a superior claim to the position. Grievant voluntarily retired while that action was still pending. The grievance is moot due to Grievant’s retirement because any relief that might be granted is speculative. Accordingly, the grievance is dismissed.
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