Database Search Result Details
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First Name
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John
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Last Name
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Sikora
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Decision Date
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2/7/2024
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Docket Number
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2024-0491-AGR
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ALJ
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BTC
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Respondent
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West Virginia Department of Agriculture
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Employment Type
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STATE
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Job Title
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Maintenance/Building Set-up
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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 to hear grievances filed by employees of a constitutional officer.
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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(e)(1); W. VA. CODE § 6C-2-2(e)(3); W. VA. CODE § 19-1-1; W. VA. CODE § 19-1-2; W. VA. CODE § 19-1-3
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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)); Kisamore v. W. Va. Dep't of Agric., Docket No, 89-AGR-237 (July 26, 1989); Clutter v. W. Va. Dep't of Agric., Docket No. 2009-1372-AGR (May 28, 2009)
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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 is employed by the West Virginia Department of Agriculture and filed this grievance protesting his suspension from employment. The West Virginia Department of Agriculture is under the supervision and control of the Commissioner of Agriculture, a constitutional officer. Employees of constitutional officers are not employees entitled to the grievance procedure unless the employee is covered under the civil service system. Employees of the West Virginia Department of Agriculture are not covered under the civil service system. Therefore, the Grievance Board does not have jurisdiction to hear the grievance. Accordingly, the grievance must be dismissed.
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