Database Search Result Details
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First Name
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Lowell
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Last Name
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Stout, II
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Decision Date
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7/26/2022
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Docket Number
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2021-2515-HarED
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ALJ
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RLR
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Respondent
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Harrison County Board of Education
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Employment Type
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SERV
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Job Title
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Cafeteria Manager
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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 ST. R. § 156-1-6.2 (2018); W. VA. CODE ST a. R. § 156-1-6.11; W. VA. Code § 55-19-2(b)(1); W. VA. CODE § 55-19-3
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022)
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Keywords
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COVID-19 Jobs Protection Act; Jurisdiction; Sick Leave
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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 Harrison County Board of Education as a cook/cafeteria manager. Respondent provides its employees with an incentive program in which employees receive bonus pay if they use less than five days of leave per school year. Grievant argues that he should not have had his incentive pay deducted for five sick days he used during a COVID-19 quarantine. Respondent counters that it was following health department directives in requiring a quarantine period when an employee was exposed to the virus. Respondent acknowledged that, at the beginning of the pandemic, federal funding made it possible to not count absences of employees against their accrued leave. When federal funds were no longer provided, employees used sick leave when exposed to COVID-19 in personal exposure situations. While lack of jurisdiction was not raised by the parties, the undersigned may take notice of lack of jurisdiction on its own motion. The West Virginia Legislature passed the COVID-19 Jobs Protection Act and removed jurisdiction from the Grievance Board to hear claims arising out of facts related to the Covid-19 pandemic. Grievant’s claim has clearly arisen out of the COVID-19 pandemic and the legislature has removed such cases from the Grievance Board’s jurisdiction.
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