| First Name | Timothy |
| Last Name | Ickes |
| Decision Date | 6/25/2024 |
| Docket Number | 2024-0561-DHF |
| ALJ | LKB |
| Respondent | Department of Health Facilities/Bateman Hospital |
| Employment Type | STATE |
| Job Title | Physical Therapist |
| Topics | Dismissal--untimely |
| Primary Issues | Whether Grievant's grievance regarding his salary was timely filed. |
| Outcome | Dismissed |
| Statutes | W. VA. CODE § 6C-2-2(c); W. VA. CODE § 6C-2-3(a)(1);W. VA. CODE § 6C-2-4(a)(1); W. VA. CODE § 6C-2-4(a)(2) |
| Related Cases | 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); Straley v. Putnam Cnty. Bd. of Educ., Docket No. 2017-0314-PutED (July 28, 2014), aff’d, Kanawha Cnty Cir. Ct. Civil Action No. 14-AA-91 (Nov. 16, 2015), aff’d. W. Va. Sup. Ct. App. Docket No. 15-1207 (Nov. 16, 2016); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (March 4, 2011); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Young v. Div. of Corr., Docket No. 01-CORR-059 (July 10, 2001) |
| Keywords | Timeliness |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant filed this grievance against Respondent stating that he was offered his job at one salary, but that salary was reduced when he was officially hired. He sought a change in his pay grade and backpay. Upon motion of the Respondent, the grievance was dismissed as untimely. Grievant appealed to level three. Because the grievance was filed over three years aftr Grievant's date of hire, the Grievance Board affirmed the level one decision dismissing the grievance. |