Database Search Result Details
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First Name
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Stanley
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Last Name
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Beafore
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Decision Date
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4/19/2022
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Docket Number
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2022-0602-DOC
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ALJ
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BTC
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Respondent
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Division of Natural Resources
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Employment Type
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STATE
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Job Title
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Park Superintendent IV
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Topics
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Dismissed; Untimely Filed
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Primary Issues
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Whether Respondent proved that the grievance was not timely filed.
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Outcome
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Untimely
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Statutes
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W. Va. Code St. R. § 156-1-6.19 (2018); W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-3(a)(1)
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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); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); 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)
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Keywords
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Motion to Dismiss; Timelines; Untimely Filed; Relief; Moot
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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 Respondent, Division of Natural Resources. Grievant grieved Respondent’s alleged failures regarding the reclassification and reallocation of his position over a period of two years. Grievant filed the grievance approximately two months after he retired. Respondent moved to dismiss the grievance as untimely filed and moot. The grievance was untimely filed. Accordingly, the grievance is dismissed.
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