Database Search Result Details
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First Name
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Roy
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Last Name
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Massey, IV
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Decision Date
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5/14/2021
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Docket Number
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2021-2166-FayCH
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ALJ
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LRB
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Respondent
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Fayette County Health Department
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Employment Type
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STATE
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Job Title
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Harm Reduction Coordinator
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Topics
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Dismissal; Jurisdiction
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Primary Issues
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Whether this 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(a); W. Va. Code § 16-2-11(b)(2)
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Related Cases
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State Dep't of Admin., Div. of Personnel v. State Dep't of Health & Human Resources/Div. of Health, 192 W. Va. 202 ; 451 S.E.2d 768 (1994);Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Farley v. Morgan County Bd. of Educ., Docket No. 01-32-615D (April 30, 2002); Clutter v. Dep’t of Agriculture, Docket No. 2009-1372-AGR (May 28, 2009)
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Keywords
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Motion to Dismiss; Jurisdiction
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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, a former employee of Fayette County Health Department, Respondent, filed this grievance before this the West Virginia Public Employees Grievance Board. Grievant protest the termination of his employment. The purpose of applicable West Virginia Grievance Statutes is to provide a procedure for the resolution of employment grievances raised by the public employees of the State of West Virginia. The scope of the authority of the Grievance Board is limited to that set forth in grievance statutes and applicable case law. Respondent highlights that given the circumstances of this matter the Grievance Board is without proper authority to adjudicate this grievance. Respondent moves for the dismissal of this grievance. This Grievance Board lacks jurisdiction in this matter. Accordingly, Respondent’s Motion to Dismiss should be granted and this grievance Dismissed.
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