ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 161
(Senators Jackson and Tomblin, original sponsors)
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[Passed March 12, 1999; in effect ninety days from passage.]
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AN ACT to amend and reenact section one, article seven, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to deleting the
limitation of one year relative to the application of
certain seniority rights of employees involuntarily
transferred to nonclassified positions.
Be it enacted by the Legislature of West Virginia:
That section one, article seven, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Seniority for full-time classified personnel;
seniority to be observed in reducing work force;
preferred recall list; renewal of listing; notice
of vacancies.
(a) Definitions for terms used in this section shall be are in
accordance with those provided in section two, article nine of
this chapter except that the provisions of this section shall
apply only to classified employees whose employment, if
continued, shall accumulate accumulates to a minimum total of one thousand forty
hours during a calendar year and extend extends over at least nine
months of a calendar year: Provided, That this section shall
also apply for one year also
applies to any classified employee who is involuntarily
transferred to a position in nonclassified status for which he or
she did not apply: Provided, however, That any classified
employee involuntarily transferred to a position in nonclassified
status may only exercise the rights set out in this section for
positions equivalent to or lower than the last job class the
employee held.
(b) All decisions by the appropriate governing board or their agents at state institutions of higher education concerning
reductions in work force of full-time classified personnel,
whether by temporary furlough or permanent termination, shall be
made in accordance with this section. For layoffs by
classification for reason of lack of funds or work, or abolition
of position or material changes in duties or organization and for
recall of employees so laid off, consideration shall be given to an
employee's seniority as measured by permanent employment in the
service of the state system of higher education. In the event
that the institution wishes to lay off a more senior employee,
the institution must shall demonstrate that the senior employee cannot
perform any other job duties held by less senior employees of
that institution in the same job class or any other equivalent or
lower job class for which the senior employee is qualified:
Provided, That if an employee refuses to accept a position in a
lower job class, such the employee shall retain all rights of recall
hereinafter provided in this section. If two or more employees accumulate
identical seniority, the priority shall be determined by a random
selection system established by the employees and approved by the
institution.
(c) Any employee laid off during a furlough or reduction in work force shall be placed upon a preferred recall list and shall
be recalled to employment by the institution on the basis of
seniority. An employee's listing with an institution shall
remain active for a period of one calendar year from the date of
termination or furlough or from the date of the most recent
renewal. If an employee fails to renew the listing with the
institution, the employee's name may be removed from the list.
An employee placed upon the preferred list shall be recalled to
any position opening by the institution within the
classification(s) classifications in which the employee had previously been
employed or to any lateral position for which the employee is
qualified. An employee on the preferred recall list shall not
forfeit the right to recall by the institution if compelling
reasons require such the employee to refuse an offer of reemployment
by the institution.
The institution shall be required to notify all employees maintaining
active listings on the preferred recall list of all position
openings that from time to time exist. Such The notice shall be sent
by certified mail to the last known address of the employee. It
shall be is the duty of each employee listed to notify the institution of
any change in address and to timely renew the listing with the institution. No position openings shall be filled by the
institution, whether temporary or permanent, until all employees
on the preferred recall list have been properly notified of
existing vacancies and have been given an opportunity to accept
reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who meets
the minimum qualifications for a job opening at the institution
where the employee is currently employed, whether the job be is a
lateral transfer or a promotion, and applies for same the job shall be
transferred or promoted before a new person is hired unless such the
hiring is affected by mandates in affirmative action plans or the
requirements of Public Law 101-336, the Americans With
Disabilities Act. If more than one qualified, nonexempt
classified employee applies, the best-qualified nonexempt
classified employee shall be awarded the position. In instances
where such the classified employees are equally qualified, the
nonexempt classified employee with the greatest amount of
continuous seniority at that state institution of higher education shall be awarded the position. A nonexempt classified
employee is one to whom the provisions of the federal fair labor
standards act, as amended, apply.
(e) In addition to any other information required, any
application for personnel governed by the provisions of this
section shall include the applicant's social security number.