Database Search Result Details
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First Name
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Heather
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Last Name
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Kessel
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Decision Date
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5/6/2020
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Docket Number
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2020-1031-DOC
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ALJ
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RLR
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Respondent
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Division of Natural Resources
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Employment Type
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STATE
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Job Title
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ASA I
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Topics
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Dismissed
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Primary Issues
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Whether Respondent established that Grievant lacks standing to pursue this action, and the grievance was not filed in timely manner.
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Outcome
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No Standing; 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)(1)
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Related Cases
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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); Wagner v. Hardy County Bd. of Educ., Docket No. 95 16 504 (Feb. 23, 1996); Lyons v. Wood County Bd. of Educ., Docket No. 89 54 601 (Feb. 28, 1990); Jarrell v. Raleigh County Bd. of Educ., Docket No. 95-41-479 (July 8, 1996); McDonald v. Hancock County Bd. of Educ., Docket No. 15-88-055-3 (Sept. 30, 1988); Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989)
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Keywords
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Motion to Dismiss; Vacant Position; Timelines
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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 alleges irregularities regarding the filling of a position by her employer. Grievant did not apply for this position. Given the circumstances of this case, Grievant lacks standing to pursue her grievance. In addition, the record established that the grievance was not timely filed. Accordingly, Respondent’s Motion to Dismiss is granted.
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