Database Search Result Details
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First Name
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Roger
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Last Name
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Runion
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Decision Date
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5/10/2024
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Docket Number
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2024-0341-DHS
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ALJ
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WHW
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Respondent
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Department of Homeland Security/Donald R. Kuhn Juvenile Center
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Employment Type
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STATE
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Job Title
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Correctional Officer 3
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Topics
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Dismissal--untimely
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Primary Issues
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Whether Grievant's level 3 appeal was timely.
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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 (2008); W. VA. CODE ST. R. § 156-1-6.19 (2018); W. VA. CODE ST. R. § 156-1-6.19.2; W. VA. CODE ST. R. § 156-1-6.19.3; W. VA. CODE § 6C-2-4(c)(1); W. VA. CODE § 6C-2-3(a)(1); W. VA. CODE § 6C-2-4(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); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991); 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); Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989)
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Keywords
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Timeliness
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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 a Correctional Officer 3 and filed a grievance over his dismissal. An Order of Unsuccessful Mediation was hand delivered to Grievant on September 20, 2023, notifying Grievant he had 10 days to file for a level three appeal. Grievant did not file a level three appeal within 10 days and, instead, filed a new, identical grievance 23 days after being hand delivered the Order of Unsuccessful Mediation. Respondent moved for dismissal based upon untimeliness and res judicata. Respondent proved by a preponderance of the evidence that the grievance should be dismissed for untimeliness due to Grievant not filing an appeal within ten (10) days of being hand delivered an Order of Unsuccessful Mediation at the level two mediation hearing. Therefore, the grievance is DISMISSED.
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