Database Search Result Details
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First Name
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Steven
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Last Name
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Messer
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Decision Date
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9/9/2019
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Docket Number
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2018-0436-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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TW II - EQ
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Topics
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Dismissed
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Primary Issues
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Whether Respondent has proven this grievance is moot and must be dismissed due to Grievant’s resignation 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
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Related Cases
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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); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); Beckett v. Dep’t of Health & Human Res., & Div. of Pers., Docket No. 2013-0078-DHHR (Aug. 20, 2013); 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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Motion to Dismiss; Resignation; Employee; Relief; 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 was employed by Respondent as a Transportation Worker II. Grievant protests his non-selection for a crew chief position. Respondent moved to dismiss the grievance as moot due to Grievant’s resignation from employment. Respondent has proven the grievance is moot and must be dismissed due to Grievant’s resignation from employment. Accordingly, the grievance is dismissed.
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