Database Search Result Details
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First Name
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Sondra
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Last Name
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Mullins
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Decision Date
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3/30/2022
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Docket Number
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2022-0348-PutED
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ALJ
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BTC
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Respondent
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Putnam 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 § 55-19-2(b)(1); W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 55-19-3(11)
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Related Cases
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Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022); State ex rel. Farley v. Brown, 151 W. Va. 887, 893, 157 S.E.2d 850, 854 (1967)
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Keywords
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Motion to Dismiss; Covid-19 Jobs Protection Act
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Intermediate Court of Appeals
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Circuit Court
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Grievant filed appeal to Kanawha County Circuit Court on 5/13/22; Civil Action # 22-AA-16; (Bloom); Affirmed, 12/9/2022.
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Supreme Court
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Synopsis
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Grievant alleges she contracted COVID-19 at work due to Respondent’s failures to follow regulations and the state department of education’s guidance, forcing her to use personal leave. Respondent moved the Grievance Board to dismiss the grievance as barred by the COVID-19 Jobs Protection Act. Grievant argues that the Act is unconstitutional or, alternately, inapplicable. The COVID-19 Jobs Protection Act is applicable to the grievance and Grievant has not alleged facts to support an exception to the Act. The Grievance Board lacks jurisdiction to determine the constitutionality of the Act or hear the grievance. Respondent’s motion to dismiss must be granted and the grievance dismissed.
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