Database Search Result Details
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First Name
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Beverly
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Last Name
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Cantrell
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Decision Date
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8/15/2022
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Docket Number
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2022-0804-MISC
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ALJ
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BTC
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Respondent
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Tucker County Commission
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Employment Type
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MISC
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Job Title
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Director
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Topics
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Dismissal; Lack of 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. § 156-1-6.19.3; W. Va. Code § 6C-2-1(a); W. Va. Code § 6C-2-2(g)
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Related Cases
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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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Jurisdiction; Employee; Employer
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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 Tucker County Commission and protests the actions of a fellow employee. While the Grievance Board has authority to hear grievances filed by employees of a state commission, county commissions are not named as an employer in the statute. The Tucker County Commission is not an “employer” as defined by West Virginia Code § 6C-2-2(g) and is not subject to the grievance procedure. The Grievance Board lacks jurisdiction in this matter, and the grievance must be dismissed.
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