H. B. 2320
(By Delegates Hubbard, Caputo and C. White)
[Introduced
February 19, 2001
; referred to the
Committee on Education then Finance.]
A BILL 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 higher education
classified personnel; requiring all classified job vacancies
be posted; clarifying seniority for nonexempt classified
employees; describing how vacancies for nonexempt classified
employee positions are filled; and requiring a seniority list
of nonexempt classified employees be published annually.
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.
ยง18B-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 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, accumulates
to a minimum total of one thousand forty hours during a calendar
year and extend over at least nine months of a calendar year:
Provided, That this section 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
the commission or its 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 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 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, the employee shall retain all rights of recall 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 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 does 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 notify all employees maintaining active
listings on the preferred recall list of all position openings that
from time to time exist. The notice shall be sent by certified
mail to the last known address of the employee. It 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 may 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) All state institutions of higher education are required to
post and date notices of all classified job vacancies of
established, existing or newly-created positions in conspicuous
working places for all classified employees to observe for at least
five working days. The notice of these vacancies shall contain the
job description, the period of employment, the amount of pay and
any benefits and other information that is helpful to the employees
to understand the nature of the job. All vacancies shall be filled
within twenty-five working days from the date of posting. 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 nonexempt job opening at the institution where
the employee is currently employed, whether the job is a lateral
transfer or a promotion, and applies for the job shall be
transferred or promoted before a new person is hired unless 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 classified employees
are equally qualified, the nonexempt classified employee with the
greatest amount of continuous seniority at the 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) The seniority for a nonexempt classified employee begins
to accrue on the first day the employee assumes his or her duties
at any state institution of higher education and includes any days
the employee was off from work due to an injury which is
compensable under workers' compensation. A seniority list of all
nonexempt classified employees shall be published annually at every
state institution of higher education and shall be posted in
conspicuous working places for all nonexempt classified employees
to observe.
(e) (f) 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.
NOTE: The purpose of this bill is to require the vacancies for
all classified employee positions be posted; that nonexempt classified positions be filled on the basis of seniority among
employees who meet the minimum job qualifications; to clarify the
starting date for seniority including time off for workers'
compensation injuries for nonexempt classified employees and to
require that seniority lists be published annually.
Strike throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.