Database Search Result Details
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First Name
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Paul
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Last Name
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Gullett
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Decision Date
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1/23/2020
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Docket Number
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2019-1781-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Welch Community Hospital AND Division of Personnel
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Employment Type
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STATE
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Job Title
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HVAC Technician Classification
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Topics
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Dismissed
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Primary Issues
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Whether this grievance was timely filed.
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Outcome
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Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(2); W. Va. Code St. R. § 143-4.7
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Harvey v. W. Va. Bureau of Employment Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (March 4, 2011)
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Keywords
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Motion to Dismiss; Timelines; Untimely Filed
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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 moved to dismiss this grievance alleging that it was not filed within fifteen days of the date Grievant was notified that his reallocation did not include granting of backpay. Grievant argues that his filing was timely because it was simply part of the reallocation process with DOP. Respondent proved that a grievance for backpay is not part of the reallocation process and that Grievant’s claim was not filed within the mandatory time period set out in statute.
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