Dailey v. Board of Review, West Virginia Bureau of Employment Programs

(Filed Dec. 12, 2003)

I write separately to challenge the allegations made by my dissenting colleagues in then’ separate opinion.

To begin, my dissenting colleagues incorrectly assert that the “dispositive issue raised in this case by Gary Dailey was that he was fired because of union activities.” They go on to accuse the majority of being “disingenuous[ ],” transforming a “meritless fallback argument into the dispositive issue in the case” and “summarily dispos[ing] of the true basis for the appeal” in a footnote. See 214 W.Va. at 429 n.l, 589 S.E.2d at 807 n. 1 (Davis, J., dissenting).

A quick…