• W.Va. Code § 6C-2-3(a)(1) requires an employee to “file a grievance Va. Code 6C­2­3(a)(1) requires an employee to file a grievance
• W Va: Code 6C-2-3(a)(1) requires an employee to file a grievance within the time limits specified in this article.’ W. Va: Code 6C-2-4(a)(1) identifies the time lines for filing a grievance and states:
• Within fifteen days following the occurrence of the event upon which the grievance is based, or within fifteen days of the date upon which the event became known to the employee, or within fifteen days of the most recent occurrence of a continuing practice giving rise to a grievance, an employee may file a written grievance with the chief administrator stating the nature of the grievance and the relief requested and request either a conference or a hearing . . . .
• The time period for filing a grievance ordinarily begins to run when the employee is unequivocally notified of the decision being challenged. Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998). See Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989).
• Under W. Va. Code § 6C-2-3(c)(1), “[a]ny assertion that the filing of the grievance at level one was untimely shall be made at or before level two.” Respondent timely asserted this affirmative defense.
• Respondent proved by a preponderance of the evidence that Grievant did
• Respondent proved by a preponderance of the evidence that Grievant did not file her grievance concerning the termination of her contract as an Assistant Principal and her transfer to a classroom teaching position at River View High School within the time limits established by statute Grievant did not demonstrate a proper basis to excuse her failure to file in a timely manner.
• Where a Grievant does not apply for a vacant position, she does not have a sufficient personal stake in the selection to have standing to file a grievance