Database Search Result Details
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First Name
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Megan
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Last Name
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Dowler
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Decision Date
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7/9/2021
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Docket Number
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2021-2407-MISC
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ALJ
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BTC
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Respondent
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Vienna Public Library
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Employment Type
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MISC
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Job Title
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Adult Services Coordinator
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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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Dismissed; Lack of Jurisdiction
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Statutes
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W. Va. Code § 6C-2-1; W.Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-2(g); W. Va. Code § 10-1-1
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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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Employer; Employee; 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 was employed by the Vienna Public Library. The Vienna Public Library is a public corporation under the control of a Board of Directors that is maintained by a municipal or county governing authority, 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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