Senate Bill No. 266

(By Senator Blatnik, By Request)

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[Introduced February 4, 1994; referred to the Committee
on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact section eight, article twenty-nine, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allocation of costs for grievance procedures; and requiring the employee to pay the costs of level four grievances if the grievance is denied.

Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-nine, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 29. GRIEVANCE PROCEDURE.

§18-29-8. Allocation of costs.

Any expenses incurred relative to the grievance procedure at levels one through three shall be borne by the party incurring such expenses except as to the costs of transcriptions as provided for in section six of this article. In the event that the level four decision is adverse to the employee, the employeeshall pay all expenses incurred relative to the level four procedure.
In the event an employee or employer appeals an adverse level four decision to the circuit court or an adverse circuit court decision to the supreme court, and the employee substantially prevails upon such appeal, the employee or the organization representing the employee is entitled to recover court costs and reasonable attorney fees, to be set by the court, from the employer.



NOTE: The purpose of this bill is to require employees to pay all expenses of level four grievances if the grievance is denied.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.