Database Search Result Details
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First Name
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Steven
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Last Name
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Neil
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Decision Date
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7/28/2023
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Docket Number
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2023-0815-DOT
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ALJ
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RLR
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker I Equipment Operator
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Topics
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Dismissal--moot
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Primary Issues
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Whether Grievant's resignation renders the greivance moot.
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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)
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Related Cases
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Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996). See generally, Payne v. Mason County Bd. of Educ., Docket No. 96-26-047 (Nov. 27, 1996); Trickett v. Preston County Bd. of Educ., Docket No. 95-39-413 (May 8, 1996); Leichliter v. W. Va. Dep't of Health and Human Res., Docket No. 92-HHR-486 (May 17, 1993); Bragg v. Dept. of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002)
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Keywords
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mootness
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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 notified on April 24, 2023, by Respondent of a recommendation for disciplinary action due to not possessing a valid driver’s license. This grievance was filed on or about April 28, 2023, in which Grievant seeks reinstatement to his position. Grievant notified the Division of Highways on May 10, 2023, that he was resigning from his position. It is well established that in the event a grievant is no longer an employee, a decision on the merits would be a meaningless exercise and would merely constitute an advisory opinion. The Grievance Board does not issue advisory opinions. This case is dismissed.
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