Database Search Result Details
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First Name
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Erica
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Last Name
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Hampton, et al
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Decision Date
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3/30/2022
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Docket Number
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2021-0923-CONS
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ALJ
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BTC
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Respondent
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Raleigh County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Dismissed; Jurisdiction
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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. § 156-1-6.11; W. Va. Code § 55-19-2(b)(1); W. Va. Code § 6C-2-4(a)(1)
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Related Cases
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Worley v. Jackson County Board of Education, Docket No. 2022-0349-JacED (Jan. 14, 2022); State ex rel. TermNet Merch. Servs., Inc. v. Jordan, 217 W.Va. 696, 700, 619 S.E.2d 209, 213 (2005);
State ex rel. Universal Underwriters Ins. Co. v. Wilson, 239 W. Va. 338, 346, 801 S.E.2d 216, 224 (2017); Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (March 4, 2011); Wilhelm v. W. Va. Lottery, 198 W. Va. 92, 96, 479 S.E.2d 602, 606 (1996)
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Keywords
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Motion to Dismiss; COVID-19 Jobs Protection Act; 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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Grievants allege Respondent assigned them to positions for which they did not apply for requiring them to perform remote teaching duties. Respondent moved the Grievance Board to dismiss the grievance as untimely. Although the grievance is not untimely filed, the grievance is barred by the COVID-19 Jobs Protection Act. Grievants argued that the Act is unconstitutional or, alternately, inapplicable. The COVID-19 Jobs Protection Act applies to the grievance as the grievance does arise from COVID-19 as defined by statute. The Grievance Board lacks jurisdiction to determine the constitutionality of the Act or hear the grievance. Accordingly, the grievance is dismissed.
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