Adopted by House 3-6-07
SB442 H GO AMT 3-1
Thompson 3192
The Committee on Government Organization moved to amend the
title to the bill to read as follows:
S.B. 442-"A BILL to repeal §18-29-1, §18-29-2, §18-29-3, §18-
29-4, §18-29-5, §18-29-6, §18-29-7, §18-29-8, §18-29-9, §18-29-10
and §18-29-11 of the Code of West Virginia, 1931, as amended; to
repeal §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6,
§29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11 and §29-6A-12 of
said code; to amend and reenact §5-5-4 and §5-5-5 of said code; to
amend and reenact §5B-2-5 of said code; to amend and reenact §5F-2-
1 of said code; to amend said code by adding thereto a new article,
designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5, §6C-2-6 and
§6C-2-7; to amend said code by adding thereto a new article,
designated §6C-3-1, §6C-3-2, §6C-3-3, §6C-3-4, §6C-3-5 and §6C-3-6;
to amend and reenact §11-10A-8 of said code; to amend and reenact
§18A-2-8 of said code; to amend and reenact §18B-2A-4 of said code;
to amend and reenact §18B-7-4 of said code; to amend and reenact
§21-5E-4 of said code; to amend and reenact §22C-7-2 of said code;
to amend and reenact §31-20-27 of said code; to amend and reenact
§33-48-2 of said code; and to amend and reenact §49-5E-5a of said
code, all relating to state employees grievance procedures;
establishing a new West Virginia public employees grievance procedure; discontinuing the Education and State Employees
Grievance Board; creating the West Virginia Public Employees
Grievance Board with five members appointed by the Governor; giving
the board new powers, duties, rule-making authority and data
collection responsibilities; creating a uniform grievance procedure
with three levels for certain public employees; clarifying
definitions and general grievance procedures; prohibiting
supervisors from representing employees they evaluate; clarifying
and reorganizing general provisions; increasing time frames in
grievance procedure; defining default provisions; eliminating
laches and defining back pay; establishing that employees may be
represented at conferences, hearings and meetings at any step of
the procedure; clarifying the procedure for conferences and
hearings; removing hearing examiners from the grievance procedure;
and making technical corrections to affected sections of the code."