Database Search Result Details

First Name Timothy
Last Name Herron
Decision Date 3/28/2025
Docket Number 2024-0602-DHS
ALJ RLR
Respondent Department of Homeland Security/ Division of Corrections and Rehabilitation, and Division of Personnel
Employment Type STATE
Job Title Correction Program Specialist
Topics Promotion; back pay
Primary Issues Whether Grievant has a request for relief in which the Grievance Board can grant.
Outcome UNTIMELY; Dismissed
Statutes W. VA. CODE § 6C-2-1, W. VA. CODE ST. R. § 156-1-6.2, West Virginia Code § 6C-2-2(e)(1), West Virginia Code § 6C-2-2(g), W. Va. Code § 6C-2-2(i), W. Va. Code § 6C-2-2(a)(1)
Related Cases 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), 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), Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991).’ Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000).” Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002).
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent, Department of Homeland Security, at the Huttonsville Correctional Center in the position of Correction Program Specialist. The record established that Grievant applied for an Investigator I position in March 2023. Grievant was given a tentative job offer by the Department of Homeland Security, but there was a subsequent delay because the Division of Personnel had concerns about Grievant’s qualifications. In the meantime, Grievant applied for another position of Investigatory I in December 2023, for which he was informed that he was not selected in February 2024. It does not appear from the record that Grievant was provided any notification that he was not selected for the initial position for which he applied in March 2023. In addition, Grievant accepted employment with the West Virginia Alcohol Beverage Control Commission. Germane to this ruling is the undisputed fact that Grievant is no longer an employee of the Department of Homeland Security, and no back pay claims were presented to the undersigned. Accordingly, this grievance is dismissed.

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