West Virginia Division of Highways v. Powell (Signed Opinion)
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The Supreme Court reversed the order of the circuit court reversing a decision of the West Virginia Public Employees Grievance Board that had dismissed, as untimely filed, a grievance filed by Respondent, holding that there was no basis in the record for the circuit court to find that the Board improperly dismissed Respondent's grievance as untimely filed.
Respondent filed a grievance alleging that he should have been appointed for a position in the Highway Engineer classification with the West Virginia Division of Highways (DOH). The Board granted DOH's motion to dismiss the grievance as untimely filed. The circuit court reversed, finding that the grievance was timely filed under the discovery rule. The Supreme Court reversed, holding that the time period for filing an employment selection grievance under W. Va. Code 6C-2-4(a)(1) begins when the grievance is unequivocally notified of the selection decision by the employer, not when the grievance discovers facts about the person selected for the position.
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