Database Search Result Details
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First Name
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Lisa
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Last Name
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Sayre
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Decision Date
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4/6/2022
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Docket Number
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2022-0634-MISC
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ALJ
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BTC
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Respondent
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Department of Administration
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Employment Type
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STATE
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Job Title
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Reports Analysst
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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 Juridiction
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Statutes
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W.Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-1(a); W. Va. Code § 6C-2-2(e)(3); W. Va. Code § 12-6D-1(c)
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Related Cases
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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); McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003)
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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 is employed by the Enterprise Resource Planning Board and protests the alleged failure of the Board to accommodate her request for remote work. The Enterprise Resource Planning Board consists of the Governor, Auditor, and Treasurer of the State of West Virginia, all of whom are constitutional officers. Employees of constitutional officers cannot avail themselves of the West Virginia Public Employees Grievance Procedure unless the employee is otherwise covered under the civil service system. As it does not appear the Grievant is covered under the civil service system, the Grievance Board lacks jurisdiction in this matter.
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