Database Search Result Details
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First Name
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Mary
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Last Name
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Talbott
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Decision Date
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11/18/2022
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Docket Number
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2023-0056-MISC
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ALJ
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BTC
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Respondent
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Erika Klie
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Employment Type
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ST-State
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Job Title
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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 § 6C-2-1; W.Va. Code St. R. § 156-1-6.2 (2018)
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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); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111
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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 filed a grievance against the attorney representing her in a civil matter, protesting the attorney’s actions relating to that civil matter. Grievant is not an employee grieving the actions of her public employer; she is a citizen protesting the actions of her attorney in a civil matter. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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