Senate Bill No. 466
(By Senator Love)
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[Introduced February 19, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend article nine, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirteen, relating to grievance resolution.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter eighteen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen, to read as follows:
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND
CLASSIFICATION SYSTEM.
§18B-9-13. Grievances.
(a) The Legislature hereby finds and declares that the expeditious and fair resolution of grievances resulting from the
implementation of the uniform and equitable classification system
set out in this article is necessary to good morale and effective
job performance and further finds and declares that the methods
and procedures presently being utilized in resolving these
grievances are ineffective in delivering such expeditious
resolution. Therefore, the Legislature finds and declares that
the provisions of this section will more efficiently resolve
these grievances.
(b) Classified employees may utilize the procedure set out
in article twenty-nine, chapter eighteen of this code to grieve
the initial classification and compensation they received
pursuant to the system implemented under this article, provided
that any such grievance must be processed consistent with rules
of the governing boards promulgated to implement the provisions
of this article, and the provisions of this section.
(c) Notwithstanding any other provisions of this code to the
contrary, and specifically the provisions of article twenty-nine,
chapter eighteen of this code, grievances processed pursuant to
this section shall be subject to the following conditions:
(1) The grievance board may not determine the appropriateness or legality of the classification and
compensation program, job classifications or job titles adopted
by the governing boards pursuant to this article, nor may the
grievance board determine the appropriateness or legality of any
mathematical models, point-factor methodologies, or other
assumptions utilized by the governing boards in developing the
plan implemented pursuant to this article. Testimony or evidence
offered inconsistent with the provisions of this section shall
not be allowed or considered. The grievance board may only
determine whether the mathematical models, point-factor
methodologies, and other assumptions utilized by the governing
boards in developing the plan implemented pursuant to this
article were applied, as to the grievant, in a manner that is
clearly wrong;
(2) The governing boards shall provide access at each of its
institutions to all written materials utilized by the governing
boards in making the classification and compensation decisions
required by this article, including point-factor methodology,
data lines for each job title, position information
questionnaires and generic job descriptions;
(3) The grievance board shall require every grievant pursuing a grievance under this section to submit testimony or
evidence supporting their grievance in either writing or as a
mechanical recording. Any such testimony or evidence shall be
submitted by the grievant to the governing boards at the same
time. Within fifteen work days of receiving the written or
mechanical recording of the grievant's testimony or evidence, the
governing boards shall submit their rebuttal testimony or
evidence to the grievance board and grievant in either writing or
as a mechanical recording. Within ten work days of receiving the
rebuttal testimony or evidence of the governing boards, the
grievant may submit additional testimony or evidence, in written
or mechanical recording form to the grievance board and governing
boards. The decision of the grievance board shall be based
solely upon the submissions set out above unless the hearing
examiner determines that further testimony or evidence is
required to resolve the grievance. In that case, the hearing
examiner may require additional submissions in writing or by
mechanical recording. The grievance board shall issue a decision
in each grievance within thirty days of receipt of submission of
all evidence and testimony set out in this subdivision and shall
not schedule any other submissions by grievants or the governing boards if any decisions required by this subsection have not been
issued within the requisite thirty day period;
(4) No depositions or interrogatories shall be ordered or
allowed without mutual consent of the parties;
(5) Grievants are not allowed to challenge the contents or
determinations contained in their position information
questionnaires unless they filed a grievance regarding the
contents of such position information questionnaires within
fifteen days of their receipt of the completed position
information questionnaire utilized in implementing the plan set
out in this article;
(6) The governing boards shall be required to pay any
appropriate backpay from the first day of January, one thousand
nine hundred ninety-four, for any grievant found to be improperly
classified or compensated under the plan implemented pursuant to
this article;
(7) Any hearing examiner of the grievance board hearing
grievances brought pursuant to this section must receive training
in classification and compensation techniques by an independent
nationally recognized school, association or consultant in
classification and compensation; and
(8) The provisions of this section shall be effective from
passage and shall encompass all grievances presently pending
before the grievance board in which a decision has not been
entered as of the effective date of this section.
NOTE: The purpose of this bill is to establish a grievance
procedure for grievances resulting from the implementation of the
uniform and equitable classifications system.
This section is new; therefore, strike-throughs and
underscoring have been omitted.