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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Smith
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Decision Date
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2/4/2020
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Docket Number
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2020-0630-AUD
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ALJ
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BTC
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Respondent
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State Auditor's Office
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Employment Type
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STATE
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Job Title
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Child Protective Services Worker Crisis Team
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Topics
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Dismissed; Jurisdiction
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Primary Issues
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Whether the Grievance Board has jurisdiction in this matter.
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Outcome
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Lack of Jurisdiction
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Statutes
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W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-2(e)(1)
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
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Keywords
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Jurisdiction; Employee; Employer
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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 is employed by the Department of Health and Human Resources. Grievant filed the grievance against the West Virginia State Auditor’s Office. Grievant is not employed by the West Virginia State Auditor’s Office. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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