Database Search Result Details
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First Name
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David
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Last Name
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Honaker
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Decision Date
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10/20/2023
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Docket Number
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2023-0943-MISC
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ALJ
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BTC
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Respondent
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Greenbrier County Commission
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Employment Type
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MISC
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Job Title
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Director of the Greenbrier County Homeland Security & Emergency Management Agency and 911 Center
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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 over the decisions of County Commissions.
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Outcome
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Dismissed
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Statutes
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W.VA. CODE ST. R. § 156-1-6.2 (2018); W. VA. CODE § 6C-2-1(a); W. VA. CODE § 6C-2-2(g)
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Related Cases
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Syl. Pt. 4, McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003) (citing Syl. Pt. 3, 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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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 Greenbrier County Commission and protests the removal of accrued leave. 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. Therefore, the Greenbrier 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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