WALKER v. STATE, DEPT. OF TRANSP., ETC.

Nos. 12058, 12061.

259 N.W.2d 303 (1977)

John R. WALKER, Grievant and Appellant, v. STATE of South Dakota, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Employer and Cross-Appellant.

Supreme Court of South Dakota.

Decided November 9, 1977.

Rehearing Denied December 15, 1977.


Attorney(s) appearing for the Case

Ronald D. Olinger of Duncan, Olinger & Srstka, Pierre, for grievant and appellant.

Camron D. Hoseck, Asst. Atty. Gen., Pierre, for employer and cross-appellant; William J. Janklow, Atty. Gen., Carl W. Quist, Asst. Atty. Gen., Pierre, on the brief.


PORTER, Justice.

CASE SUMMARY

This is an appeal from the circuit court's affirmance of a decision by the South Dakota Personnel Policy Board directing the South Dakota Department of Transportation, Division of Highways (employer) to post a job vacancy to enable the grievant (Walker) to bid for the vacant position. We hold that the circuit court had no jurisdiction to hear this case because the employer failed to exhaust its administrative remedies.

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