H. B. 2420


(By Delegates McGraw and Wright)
[Introduced March 5, 1997; referred to the
Committee on Education then Finance.]




A BILL to amend and reenact section eight-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school personnel; salaries, wages and other benefits; and increasing service personnel minimum monthly salaries.

Be it enacted by the Legislature of West Virginia:
That section eight-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8a. Service personnel minimum monthly salaries.

STATE MINIMUM PAY SCALE PAY GRADE

Years of
Employ-

ment
AB C D E F
0 1,040.00 1,060.00 1,100.00 1,150.00 1,200.00 1,260.00
1 1,066.00 1,086.00 1,126.00 1,176.00 1,226.00 1,286.00
2 1,092.00 1,112.00 1,152.00 1,202.00 1,252.00 1,312.00
3 1,118.00 1,138.00 1,178.00 1,228.00 1,278.00 1,338.00
4 1,144.00 1,164.00 1,204.00 1,254.00 1,304.00 1,364.00
5 1,170.00 1,190.00 1,230.00 1,280.00 1,330.00 1,390.00
6 1,196.00 1,216.00 1,256.00 1,306.00 1,356.00 1,416.00
7 1,222.00 1,242.00 1,282.00 1,332.00 1,382.00 1,442.00
8 1,248.00 1,268.00 1,308.00 1,358.00 1,408.00 1,468.00
9 1,274.00 1,294.00 1,334.00 1,384.00 1,434.00 1,494.00
10 1,300.00 1,320.00 1,360.00 1,410.00 1,460.00 1,520.00
11 1,326.00 1,346.00 1,386.00 1,436.00 1,486.00 1,546.00
12 1,352.00 1,372.00 1,412.00 1,462.00 1,512.00 1,572.00
13 1,378.00 1,398.00 1,438.00 1,488.00 1,538.00 1,598.00
14 1,404.00 1,424.00 1,464.00 1,514.00 1,564.00 1,624.00
15 1,430.00 1,450.00 1,490.00 1,540.00 1,590.00 1,650.00
16 1,456.00 1,476.00 1,516.00 1,566.00 1,616.00 1,676.00
17 1,482.00 1,502.00 1,542.00 1,592.00 1,642.00 1,702.00
18 1,508.00 1,528.00 1,568.00 1,618.00 1,668.00 1,728.00
19 1,534.00 1,554.00 1,594.00 1,644.00 1,694.00 1,754.00
20 1,560.00 1,580.00 1,620.00 1,670.00 1,720.00 1,780.00
21 1,586.00 1,606.00 1,646.00 1,696.00 1,746.00 1,806.00
22 1,612.00 1,632.00 1,672.00 1,722.00 1,772.00 1,832.00
23 1,638.00 1,658.00 1,698.00 1,748.00 1,798.00 1,858.00
24 1,664.00 1,684.00 1,724.00 1,774.00 1,824.00 1,884.00
25 1,690.00 1,710.00 1,750.00 1,800.00 1,850.00 1,910.00
26 1,716.00 1,736.00 1,776.00 1,826.00 1,876.00 1,936.00
27 1,742.00 1,762.00 1,802.00 1,852.00 1,902.00 1,962.00
28 1,768.00 1,788.00 1,828.00 1,878.00 1,928.00 1,988.00
29 1,794.00 1,814.00 1,854.00 1,904.00 1,954.00 2,014.00
30 1,820.00 1,840.00 1,880.00 1,930.00 1,980.00 2,040.00
Years of
Employ-
ment
G H
0 1,290.00 1,360.00
1 1,316.00 1,386.00
2 1,342.00 1,412.00
3 1,368.00 1,438.00
4 1,394.00 1,464.00
5 1,420.00 1,490.00
6 1,446.00 1,516.00
7 1,472.00 1,542.00
8 1,498.00 1,568.00
9 1,524.00 1,594.00
10 1,550.00 1,620.00
11 1,576.00 1,646.00
12 1,602.00 1,672.00
13 1,628.00 1,698.00
14 1,654.00 1,724.00
15 1,680.00 1,750.00
16 1,706.00 1,776.00
17 1,732.00 1,802.00
18 1,758.00 1,828.00
19 1,784.00 1,854.00
20 1,810.00 1,880.00
21 1,836.00 1,906.00
22 1,862.00 1,932.00
23 1,888.00 1,958.00
24 1,914.00 1,984.00
25 1,940.00 2,010.00
26 1,966.00 2,036.00
27 1,992.00 2,062.00
28 2,018.00 2,088.00
29 2,044.00 2,114.00
30 2,070.00 2,140.00
STATE MINIMUM PAY SCALE PAY GRADE

Years of
Employ-
mentABCDEFGH
011101130117012201270133013601430
111381158119812481298135813881458
211661186122612761326138614161486
311941214125413041354141414441514
412221242128213321382144214721542
512501270131013601410147015001570
612781298133813881438149815281598
713061326136614161466152615561626
813341354139414441494155415841654
913621382142214721522158216121682
1013901410145015001550161016401710
1114181438147815281578163816681738
1214461466150615561606166616961766
1314741494153415841634169417241794
1415021522156216121662172217521822
1515301550159016401690175017801850
1615581578161816681718177818081878
1715861606164616961746180618361906
1816141634167417241774183418641934
1916421662170217521802186218921962
2016701690173017801830189019201990
2116981718175818081858191819482018
2217261746178618361886194619762046
2317541774181418641914197420042074
2417821802184218921942200220322102
2518101830187019201970203020602130
2618381858189819481998205820882158
2718661886192619762026208621162186
2818941914195420042054211421442214
2919221942198220322082214221722242
3019501970201020602110217022002270
3119781998203820882138219822282298
32200620262066211621662226
22562326
3320342054209421442194225422842354
3420622082212221722222228223122382
3520902110215022002250231023402410
CLASS TITLEPAY GRADE
Accountant I D
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor E
Braille or Sign Language Specialist E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
ParaprofessionalF
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
(1) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade" and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale pay grade" set forth in this section.
(2) An additional ten twenty dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(3) An additional ten twenty dollars per month shall also be added to the minimum monthly pay of each service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board.
(4) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional ten twenty dollars per month and one half of the pay shall be paid with local funds.
(5) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(6) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.
(7) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent, and the employee's required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(8) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if so requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.
(9) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be utilized in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(10) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certificated professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, "under the direct supervision of certificated professional personnel" means that certificated professional personnel is present, with and accompanying the aide.
(11) The minimum clerical help in schools shall be provided as follows: Schools with six to fifteen teachers, one full-day secretary; schools with up to three hundred students, one full-day secretary; schools with three hundred to five hundred students, one full-day secretary and one half-day additional clerical help and schools with more than five hundred students, one full-day secretary and one full-day additional clerical help.
(12) Notwithstanding the provisions of section six, article two of this chapter, county boards of education shall be prohibited from reducing the employment terms of school service personnel without the written consent of the affected employee in the current fiscal year or for subsequent fiscal years. County boards of education may not circumvent this prohibition by terminating the contract of employment of a school service personnel and issuing a new contract of employment to the employee at a reduced term of employment.
(13) Effective the first day of July, one thousand nine hundred ninety-seven, through the thirtieth day of June, one thousand nine hundred ninety-eight, service personnel shall receive an average minimum salary increase of at least one thousand five hundred dollars.
(14) Effective the first day of July, one thousand nine hundred ninety-eight, through the thirtieth day of June, one thousand nine hundred ninety-nine, service personnel shall receive an average minimum salary increase of at least one thousand five hundred dollars.




NOTE: The purpose of this bill is to provide pay increases for service personnel. It increases pay across the board; provides an additional monthly increment; extends the increment years to 35; adds $10.00 per month for high school diploma or GED holders; adds $10.00 per month for 12 college hours or comparable trade/vocational school credit; adds $10.00 per month for shift work between 6:00 p.m. and 5:00 a.m.; provides for $1,500.00 a year raises in 1997-98 and 1998-99; establishes secretarial staffing minimums; and prohibits the reduction of the employment terms of school personnel without the written consent of the affected employee.

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