Database Search Result Details
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First Name
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Kevin
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Last Name
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Vandevander
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Decision Date
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5/9/2022
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Docket Number
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2021-1461-MAPS
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ALJ
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BTC
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails 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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Captain/CO II
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Topics
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Dismissed; Timeliness
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Primary Issues
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Whether this grievance was timely filed.
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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)(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); 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); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 729, 391 S.E.2d 739, 742 (1990)
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Keywords
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Motion to Dismiss; Timelines; Untimely Filed
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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 Respondent as a Correctional Officer III, K9 Handler. Grievant contests a pay differential he received in 2013 through action of a policy, alleging it should have been greater. Respondent moved to dismiss alleging the grievance was untimely filed both initially and at level three. Respondent failed to prove the grievance was untimely filed at level three as Grievant testified he did not receive the level two order in the mail and filed the same day he was informed the order had been previously mailed. Respondent proved the initial filing was untimely as the application of the policy simply caused continuing damage that cannot be converted to a continuing practice under which the grievance could be timely filed. Grievant failed to prove a proper excuse for his untimely filing. Accordingly, the grievance is dismissed.
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