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.