Database Search Result Details
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First Name
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Carla
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Last Name
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Vincent
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Decision Date
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3/3/2023
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Docket Number
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2023-0596-MISC
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ALJ
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BTC
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Respondent
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Miscellaneous
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Employment Type
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MISC
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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. § 156-1-6.19.3; 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); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
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Keywords
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Employee; Employer; Lack of 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 the Barbour County Assessor and protests the termination of her employment. The Barbour County Assessor is under the oversight of the Barbour County Commission. 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 Barbour County Assessor 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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