Database Search Result Details
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First Name
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Renee
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Last Name
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Endicott
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Decision Date
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8/4/2022
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Docket Number
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2022-0608-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Public Health
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Employment Type
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STATE
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Job Title
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Human Resource Associate
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Topics
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Dismissal; Moot; Jurisdiction
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Primary Issues
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Whether this grievance is moot and 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. § 156-1-6.19.2; W. Va. Code St. 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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Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Priest v. Kanawha Cnty. Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000); Biggerstaff v. Mingo Cnty. Bd. of Educ., Docket No. 02-29-384D (Mar. 24, 2003), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 03-AA-55 (Feb. 10, 2005); Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022)
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Keywords
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Motion to Dismiss; Work Location; Transfer; Moot; Relief; COVID-19 Jobs Protection Act
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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 protests a change in her work location. Grievant was employed by Respondent within the Office of Human Resources Management as a Human Resource Generalist I. Grievant was stationed at Jackie Withrow Hospital. Jackie Withrow Hospital employees were required to be vaccinated so Grievant’s work location was changed because she was not vaccinated. Since the grievance was filed, Grievant transferred her employment to the Bureau for Social Services as a Human Resource Associate. Respondent moved the Grievance Board to dismiss the grievance as moot. Respondent proved the grievance is moot as Grievant is no longer employed within the same agency or position. The Grievance Board lacks jurisdiction to hear the grievance as the grievance is effectively precluded by state law. Accordingly, the grievance is dismissed.
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