Database Search Result Details
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First Name
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Richard
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Last Name
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Fleshman II
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Decision Date
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12/23/2019
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Docket Number
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2019-0587-DOA
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ALJ
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WBM
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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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Facility Equipment Maintenance Tech.
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Topics
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Dismissed
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Moot
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Statutes
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156 C.S.R. 1 § 6.11; W. Va. Code §6C-2-1
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
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Keywords
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Motion to Dismiss; Moot; Relief
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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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Respondent moves to dismiss this grievance because the parties reached an agreement. Even though the agreement has not been fully executed, Respondent also argues that the agency has implemented the agreement. The agency alleges this renders the grievance moot since there is no more relief Grievant could be granted under the grievance. Grievant has not responded to Respondent’s arguments.
The parties reached a tentative agreement, but Grievant refuse to sign the final draft. Because the agreement was not fully executed, it is not binding upon the parties. Respondent has demonstrated that there is no remaining relief Grievant may receive under this grievance which renders the matter moot.
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