Database Search Result Details
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First Name
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Jordonne
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Last Name
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Bostic
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Decision Date
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9/14/2021
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Docket Number
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2022-0135-MISC
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ALJ
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BTC
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Respondent
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Department of Homeland Security/Mountaineer Challenge Academy
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Employment Type
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STATE
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Job Title
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Assistant Commandant of Cadet
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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 St. R. § 156-1-6.19.3; W. Va. Code § 15-1B-24; 32 U.S.C. § 509; W. Va. Code § 15-1J-4
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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); Pack v. Adjutant General's Office, Docket No. 2020-1522-MAPS (Aug. 20, 2020)
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Keywords
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Employee; Employer; 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 West Virginia Military Authority at the Mountaineer ChalleNGe Academy. Grievant’s employment was specifically exempted from the grievance procedure by statute. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance is dismissed.
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