Database Search Result Details
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First Name
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Shelly
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Last Name
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Drennen
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Decision Date
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7/10/2020
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Docket Number
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2020-1056-MISC
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ALJ
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BTC
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Respondent
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Cowen Public Service District
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Employment Type
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MISC
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Job Title
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Office Manager
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Topics
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Jurisdiction
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Primary Issues
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Whether 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 § 6C-2-2(g); W. Va. Code § 16-13A-3
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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; Employer; Employee
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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 the Cowen Public Service District. The Cowen Public Service District is a public corporation created by a county commission that is a political subdivision of the State, which does not meet the definition of an employer subject to the grievance procedure. The Grievance Board lacks jurisdiction in this matter, and the grievance must be dismissed.
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