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Introduced Version House Concurrent Resolution 116 History

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HOUSE CONCURRENT RESOLUTION NO. 116

(By Delegates Hatfield, Guthrie, Wells and Skaff)

 

 

 

Requesting the Committee on Government and Finance to study the West Virginia Public Employees Grievance code, policies, and rules, including the Division of Personnel Board and its laws, rules and policies.

    Whereas, Grievances, by state employees, and the grievance process creates a financial tax burden upon the citizens of West Virginia; and

    Whereas, A significant number of attorneys are employed for the purpose of providing legal advice and representation to various state agencies during the grievance process; and

    Whereas, The state's Division of Personnel exists for the benefit of the employees, managers and administrators; and

    Whereas, The state's Division of Personnel duplicates the function of agency attorneys during the grievance process; and

    Whereas, The state's Division of Personnel possesses the expertise, skills, and knowledge of the state's grievance process; and

    Whereas, State employees are not provided legal representation nor assistance when attempting to navigate the state's grievance process and procedures; and

    Whereas, The current grievance system is inefficient and allows for duplication of effort and redundancy; and

    Whereas, The current grievance system is weighted and protects the interest of a select few agency representatives; and

    Whereas, The current grievance system incorporates an organizational structure whereby the employees, managers, attorneys and judges are subject to the same employer and rulings; and

    Whereas, The filing of a grievance creates an adversarial relationship between the employee and agency representative; and

    Whereas, The adversarial relationship does not end after resolution of the grievance; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Public Employees Grievance code, policies and rules, including the Division of Personnel Board and its laws, rules and policies; and, be it

    Further Resolved, That the Joint Committee on Government and Finance include representatives of West Virginia public worker unions in the study; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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