Database Search Result Details
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First Name
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Heather
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Last Name
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Cooper
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Decision Date
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1/18/2023
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Docket Number
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2023-0104-BVCTC
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ALJ
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BTC
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Respondent
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BridgeValley Community and Technical College
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Employment Type
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HE
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Job Title
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Program Coordinator
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Topics
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Whether this grievance was timely filed.
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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 St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-2(i)(1); W. Va. Code § 6C-2-3(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); 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)
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Keywords
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Motion to Dismiss; Contract; Non-Renewal; Timelines; Untimely Filed; Employee; Employer; Jurisdiction
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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 was employed by Respondent as its Corporate Education Faculty & Program Manager. Grievant’s position was eliminated, and her contract ended June 30, 2022. Grievant grieved the terms of a new contract she was offered for a different position, which she declined to accept. Respondent moved for dismissal of the grievance alleging lack of standing, mootness, and untimeliness. As Grievant attempts to challenge the terms of a new contract she was offered after her employment had already ceased, the Grievance Board does not have jurisdiction to hear the claim. To the extent that the new contract could be related back to non-renewal of Grievant’s prior contract, the grievance was untimely filed. Accordingly, the grievance is dismissed.
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