(By Delegate Perry)

[Introduced February 22, 2002; 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 increasing the pay for school personnel for asbestos removal.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

STATE MINIMUM PAY SCALE PAY GRADE I
Years of
Employment

Pay Grade

A

B C D E F G H

1,220

1,240

1,280

1,330

1,380

1,440

1,470

1,540

1,359

1,409

1,469

1,4991,569

1,298

1,338

1,388

1,438

1,498

1,5281,598

1,307

1,327

1,367

1,417

1,467

1,527

1,557

1,627

1,356

1,396

1,446

1,496

1,556

1,5861,656

1,385

1,425

1,475

1,525

1,585

1,6151,685

1,414

1,454

1,504

1,554

1,6141,6441,714

1,443

1,483

1,533

1,583

1,6431,6731,743

1,472

1,512

1,562

1,612

1,6721,7021,772

1,501

1,541

1,591

1,641

1,701

1,7311,801

1,530

1,570

1,620

1,670

1,730

1,7601,830

1,559

1,599

1,649

1,699

1,7591,7891,859

1,588

1,628

1,678

1,728

1,7881,8181,888

1,617

1,657

1,707

1,757

1,8171,8471,917

1,646

1,686

1,736

1,786

1,8461,8761,946

1,675

1,715

1,765

1,815

1,8751,9051,975

1,704

1,744

1,794

1,844

1,904

1,9342,004

1,733

1,773

1,8231,873

1,9331,9632,033

1,762

1,802

1,852

1,902

1,9621,9922,062

1,791

1,831

1,881

1,931

1,9912,0212,091

1,820

1,860

1,910

1,960

2,0202,0502,120

1,849

1,889

1,939

1,989

2,0492,0792,149

1,878

1,918

1,968

2,018

2,0782,1082,178

1,907

1,947

1,997

2,047

2,1072,1372,207

1,936

1,976

2,026

2,076

2,1362,1662,236

1,965

2,005

2,055

2,105

2,1652,1952,265

1,994

2,034

2,084

2,134

2,1942,2242,294

2,023

2,063

2,113

2,163

2,2232,2532,323

2,142

2,192

2,2522,2822,352

2,081

2,121

2,171

2,221

2,2812,3112,381

2,110

2,150

2,200

2,250

2,3102,3402,410

2,139

2,179

2,229

2,279

2,3392,3692,439

2,168

2,208

2,258

2,308

2,3682,3982,468

2,197

2,237

2,287

2,337

2,3972,4272,497

2,226

2,266

2,316

2,366

2,4262,4562,526

2,255

2,295

2,345

2,395

2,4552,4852,555

2,284

2,324

2,374

2,424

2,4842,5142,584

2,313

2,353

2,403

2,453

2,5132,5432,613

2,342

2,382

2,432

2,482

2,5422,5722,642

2,371

2,411

2,461

2,511

2,5712,6012,671

2,400

2,440

2,490

2,540

2,6002,6302,700

STATE MINIMUM PAY SCALE PAY GRADE II
Years of
Employment Pay Grade

PAY GRADE

Accountant ID
Accountant IIE
Accountant IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Payroll SupervisorG
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
(2) An additional ten dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent: Provided, That effective the first day of July, two thousand one, an additional twelve 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 dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(A) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(B) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(C) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(D) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(E) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(F) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(G) Effective the first day of July, two thousand one, a service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(H) Effective the first day of July, two thousand one, a service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(I) Effective the first day of July, two thousand one, a service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(J) Effective the first day of July, two thousand one, a service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(K) Effective the first day of July, two thousand one, a service employee who holds a bachelor's degree; and
(L) Effective the first day of July, two thousand one, a service employee who holds a master's degree.
(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 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 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 five dollars per hour or no less than five seven 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.