Database Search Result Details
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First Name
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Crystal
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Last Name
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Miller, et al.
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Decision Date
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3/18/2022
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Docket Number
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2020-1440-CONS
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital AND Division of Personnel
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Employment Type
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STATE
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Job Title
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Human Resource Assistants
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Topics
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Dismissed; Untimely
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Primary Issues
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Whether Respondent proved Grievants failed to timely file their appeal to level three of the grievance process.
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Outcome
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Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(2)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Hale v. Mingo County Bd. of Educ., n.10, 199 W. Va. 387, 393, 484 S.E.2d 640, 646 (1997)
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Keywords
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Motion to Dismiss; Timelines; Timeliness; Appeal
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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 were employed by Respondent as Human Resource Assistants. Grievants filed their grievances alleging they were functionally demoted and working outside of their job classifications. Due to an error by their representative, Grievants did not timely file their appeal to level three. Respondents moved to dismiss the grievance as untimely. The error of Grievants’ representative does not excuse the untimely filing. Accordingly, the grievance is dismissed.
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