H. B. 2842
(By Delegates McGraw and Sparks)
[Introduced February 19, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend chapter twenty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-b, relating to
establishing a pilot project allowing collective bargaining
within district one of the division of highways.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article six-b, to read
ARTICLE 6B. EMPLOYEE RELATIONS PILOT PROGRAM IN DISTRICT ONE OF
THE DIVISION OF HIGHWAYS.
§29-6B-1. Legislative purpose.
(a) The Legislature of the state of West Virginia declares
that it is the public policy of this state to promote orderly and constructive employment relations between public employers and
their employees; to increase the efficiency of state and local
government; and to ensure the health and safety of the citizens
of this state.
(b) The Legislature has determined that these policies and
purposes may best be accomplished by:
(1) Establishing a pilot project in district one of the
division of highways to allow certain employees of that district
the right to choose a representative for the purpose of
(2) Requiring district one management to recognize and
bargain in good faith with the elected representative chosen by
those employees and to enter into a written agreement within four
months of the election of representative; and
(3) Permitting the pilot program to continue for two years
from the execution of the collective bargaining agreement and
thereafter unless management can demonstrate that the program
fails to achieve the legislative purpose described above.
§29-6B-2. Unit determination.
(a) The appropriate bargaining unit for this pilot project
consists of all production and maintenance employees of the
division of highways, district one, including transportation
workers, engineering technicians, inspectors, party chiefs,
clerks, craftworkers, traffic crews, crew leaders, expressway supervisor, gas attendants, parts expediters, design engineers,
permit supervisors, building and grounds supervisors, radio
operators, investigators, staff engineers, accountants,
storekeepers, data coordinators, audit clerks, bridge repair crew
supervisors, district right-of-way agents, right-of-way agents,
district shop supervisors, custodians and any other
nonsupervisory clerical, production and maintenance workers.
(b) The bargaining unit does not include any clerical
employees who handle employee relations work for a policy-making
supervisor in employee relations or the district engineer, county
maintenance supervisor, assistant district engineers, district
right-of-way agent, district equipment supervisor, district
comptroller, district administrative assistant, office
supervisor, materials supervisor, area engineer/supervisor, major
project engineer/supervisor, utilities supervisor, reconstruction
and resurfacing coordinator, county maintenance superintendent,
assistant county maintenance supervisor, design engineer,
district attorney, evaluation engineer/supervisor or repair and
(c) All questions regarding inclusion or exclusion in the
bargaining unit shall be resolved by the employer and the
petitioning party prior to the election.
§29-6B-3. Representation election procedures.
(a) The election shall be administered by the division of personnel and shall be held no later than six months after the
effective date of this article. Any labor organization wishing
to appear on the ballot shall file a petition with the division
of personnel containing the signatures of no less than
twenty-five percent of the employees in the bargaining unit. An
election shall be conducted on the employers' premises during
employees' work hours or overlapping shifts so as to make it
convenient for all eligible employees to participate.
(b) The employer shall provide all eligible organizations
with the names and addresses of all eligible voters no less than
two weeks prior to the election.
(c) The election shall be by secret ballot and employees
shall be afforded an opportunity to vote "No union" in addition
to including selections of representatives qualifying for
placement on the ballot.
(d) The election shall be overseen by a committee appointed
by the West Virginia state supreme court of appeals.
(e) An organization shall be certified as the exclusive
bargaining representative when it receives fifty percent plus one
vote of those voting in the election. If no party receives fifty
percent plus one of the votes cast, a run-off election shall be
scheduled within two weeks providing a selection between the two
choices receiving the most votes in the first election.
(f) Ballots may be voided if the intent of the voter is not
clear. A representative of the division of personnel shall count the votes and rule immediately on whether to void any votes. Any
ballot containing a signature or name shall be voided. Each
organization may have an observer present for the voting and
counting of the ballots.
(a) Upon notification by the bargaining representative the
parties shall meet in good faith and reach an agreement no later
than four months after the election.
(b) The employer shall make available all relevant documents
such as budgets, payroll records and policies, upon request.
(c) The employer may not impede negotiations in any manner
and shall cooperate fully with the sole intent of reaching
(d) All matters relating to wages, hours and terms and
conditions of employment are negotiable.
(e) Any disputes which arise during negotiations shall be
submitted to an arbitrator selected from a list of five names
furnished by the American arbitration association. Each party
shall strike two names and the remaining name shall arbitrate the
items in dispute.
§29-6B-5. No strikes.
There may be no strikes during the term of this pilot
project. If an organization is responsible for a strike, the
pilot project is immediately voided and the organization is subject to an action against it in the circuit court of Kanawha
§29-6B-6. No discrimination.
There may be no discrimination against any employee for his
or her union activity and the employer and its managerial
representatives may not engage in threats, coercion or promises
of benefit in an attempt to affect the outcome of the election.
NOTE: The purpose of this bill is to establish a pilot
project allowing collective bargaining within District One of the
Division of Highways.
This article is new; therefore, strike-throughs and
underscoring have been omitted.