H. B. 2295
(By Delegates Louisos, Caputo, Browning and Hatfield)
[Introduced
February 14, 2005
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §29-6A-4 of the Code of West Virginia,
1931, as amended, relating to providing for binding
arbitration in state employee grievance procedures.
Be it enacted by the Legislature of West Virginia:
That §29-6A-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6A. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES.
§29-6A-4. Procedural levels and procedure at each level.
(a) Level one.
Within ten days following the occurrence of the event upon
which the grievance is based, or within ten days of the date on
which the event became known to the grievant, or within ten days of
the most recent occurrence of a continuing practice giving rise to
a grievance, the grievant or the designated representative, or
both, may file a written grievance with the immediate supervisor of the grievant. At the request of the grievant or the immediate
supervisor, an informal conference shall be held to discuss the
grievance within three days of the receipt of the written
grievance. The immediate supervisor shall issue a written decision
within six days of the receipt of the written grievance. If a
grievance alleges discrimination or retaliation by the immediate
supervisor of the grievant, the level one filing may be waived by
the grievant and the grievance may be initiated at level two with
the administrator or his or her designee, within the time limits
set forth in this subsection for filing a grievance at level one.
A meeting may be held to discuss the issues in dispute, but the
meeting is not required.
(b) Level two.
Within five days of receiving the decision of the immediate
supervisor, the grievant may file a written appeal to the
administrator of the grievant's work location, facility, area
office, or other appropriate subdivision of the department, board,
commission or agency. The administrator or his or her designee
shall hold a conference within five days of the receipt of the
appeal and issue a written decision upon the appeal within five
days of the conference.
(c) Level three.
Within five days of receiving the decision of the
administrator of the grievant's work location, facility, area office, or other appropriate subdivision of the department, board,
commission or agency, the grievant may file a written appeal of the
decision with the chief administrator of the grievant's employing
department, board, commission or agency. A copy of the appeal and
the level two decision shall be served upon the Director of the
Division of Personnel by the grievant.
The chief administrator or his or her designee shall hold a
hearing in accordance with section six of this article within seven
days of receiving the appeal. The Director of the Division of
Personnel or his or her designee may appear at the hearing and
submit oral or written evidence upon the matters in the hearing.
The chief administrator or his or her designee shall issue a
written decision affirming, modifying or reversing the level two
decision within five days of the hearing.
(d) Level four.
(1) If the grievant is not satisfied with the action taken by
the chief administrator or his or her designee, within five days of
the written decision the grievant may request, in writing, on a
form furnished by the employer, that the grievance be submitted to
a hearing examiner as provided for in section five of this article.
The hearing shall be conducted in accordance with section six of
this article within fifteen days following the request for the
hearing: Provided, That the hearing may be held within thirty days
following the request, or within a time that is mutually agreed upon by the parties, if the hearing examiner gives reasonable
cause, in writing, as to the necessity for the delay. A copy of
the appeal shall be served by the grievant upon the Director of the
Division of Personnel. The Director of the Division of Personnel,
or his or her designee, may appear at the hearing and submit oral
or written evidence upon the matters in the hearing.
(2) Within thirty days following the hearing, the hearing
examiner shall render a decision in writing to all parties setting
forth findings and conclusions on the issues submitted. Subject to
the provisions of section seven of this article, the decision of
the hearing examiner is final upon the parties and is enforceable
in circuit court.
(3) Where a grievant selects arbitration as opposed to a level
four hearing before the grievance board, the grievant and the
employer shall request a panel of three arbitrators experienced in
public employment law. The arbitrators shall be selected from
either the West Virginia State Bar, the FMCS or AAA. The grievant
and the employer shall each strike one arbitrator from the panel
and the remaining arbitrator shall hear the grievance in accordance
with the provisions of this article. The employer shall bear the
costs associated with the arbitration. The arbitration shall be
held at a location agreed upon by the parties: Provided, That
should the grievant object to an arbitration being held at a
location where the employer conducts business, another site shall be selected for the arbitration. A decision rendered by the
arbitrator is final and binding on the parties and neither party
has a right to appeal. Enforcement of the decision may be
compelled through procedures provided in section eight of this
article.
(e) Expedited grievance process.
(1) A grievance involving suspension without pay, demotion or
dismissal or loss of wages may be initiated at level two with the
administrator of the grievant's work location, facility, area
office or other appropriate subdivision of the department, board,
commission or agency.
(2) An employee may grieve a final action of the employer
involving a dismissal, demotion or suspension exceeding twenty days
directly to the hearing examiner. The expedited grievance shall be
in writing and shall be filed within ten days of the date of the
final action with the chief administrator and the Director of the
Division of Personnel.
NOTE: The purpose of this bill is to provide for a process in
which to enlist binding arbitration in State employee grievance
procedures.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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