Armstrong v. Div. of Culture & History (Per Curiam Opinion)
Annotate this CasePetitioner was employed by the West Virginia Division of Culture and History (Division) as an at will employee. Petitioner was later terminated from his employment. Petitioner filed a grievance with the Public Employees Grievance Board. An ALJ denied the Division's motion to dismiss and authorized the filing of an amended grievance. Petitioner subsequently filed an amended grievance, which a succeeding ALJ dismissed. The circuit court affirmed. The Supreme Court affirmed the dismissal of Petitioner's grievance for failure to state a ground upon which relief may be granted, holding (1) the circuit court did not err by affirming the decision of the Board without a hearing before an ALJ; and (2) the second ALJ had authority to enter a dismissal order after the previous ALJ denied the Division's motion to dismiss.
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