Database Search Result Details
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First Name
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Sierra
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Last Name
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Satterfield
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Decision Date
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2/8/2024
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Docket Number
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2024-0383-MISC
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ALJ
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Respondent
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Custer Pharmacy
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Employment Type
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Job Title
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Cashier/Pharmacy Technician in training
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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 Respondent, which is an affilliate of West Virginia University Health System, a non-proift corporation.
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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 ST. R. § 156-1-6.19; W. VA. CODE ST. R. § 156-1-6.19.2; 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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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 Custer Pharmacy and grieves her dismissal from that employment. Custer Pharmacy is a part of Harrison Community Hospital, which is a part of WVU Medicine, otherwise known as the West Virginia University Health System. Although the West Virginia University Health System is affiliated with West Virginia University, it is a separate, non-profit corporation. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance is dismissed.
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