Database Search Result Details
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First Name
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Gwen
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Last Name
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Bryant
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Decision Date
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2/4/2021
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Docket Number
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2020-0898-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/Bureau for Public Health
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Employment Type
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STATE
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Job Title
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Topics
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Dismissed
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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 § 6C-2-1; W. Va. Code § 6-2-2(i)(2); W. Va. Code § 5-10-15(b)(10)
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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); McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Cook v. Logan County. Bd. of Educ., Docket No. 2019-0726-LogED (Dec. 30, 2019)
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Keywords
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Motion to Dismiss; Retirement; Military Service Credit; Employer; Employee; Jurisdiction
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 3/24/2021; Judge Kaufman; Civil Action No. 21-AA-17; Affirmed, 08/25/2021
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Supreme Court
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Synopsis
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Grievant seeks to gain retirement credit as a State employee for her military service. She does not include the Public Employees Retirement Board as a respondent and seeks her remedy from her employer, DHHR. Respondent is not vested with the authority to provide any of the remedies sought by Grievant. This action does not meet the definition of “grievance” as set out in the provisions of W. Va. Code § 6C-2-1 et seq. The Grievance Board does not have jurisdiction to resolve Grievant’s complaint. The following facts are found to be proven by a preponderance of the evidence based upon an examination of the entire record developed in this matter.
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