Grievance Procedure

Employees of the West Virginia Department of Education are covered by the West Virginia Public Employees Grievance Procedure (W.Va. Code '6C-2‑1, et seq. and §6C-3-1, et seq.). This law ensures that State Board employees have an equitable and consistent procedure for the resolution of grievances.

The intent of the Grievance Procedure is to foster an environment in which grievances can be resolved at the lowest possible administrative level. The Legislature also intended that management and employees use this procedure in an atmosphere of cooperation which will balance the rights and interests of the employees, management and the citizens of the state.

The basic steps of the Grievance Procedure are outlined below. More detailed information, including copies of all required forms, can be obtained at the West Virginia Public Employees Grievance Board web site (http://pegboard.state.wv.us/).

STEPS OF THE PROCEDURE

"Days," for purposes of filing or responding to grievances, means working days.

Level one - W. Va. Code § 6C-2-4 (a)(1)

· File grievance form with the chief administrator within fifteen (15) days of the grievable event. Indicate whether a conference or a hearing is desired. The grievant must also submit a copy of the grievance form to the West Virginia Public Employees Grievance Board, 808 Greenbrier Street, Charleston, West Virginia 25311.

· Chief administrator must hold the conference or hearing within ten (10) days of receipt of written grievance and issue written decision within fifteen (15) days of the chosen proceeding.

Level two - W. Va. Code § 6C-2-4 (b)(1)

· Grievant may appeal the chief administrator decision within ten (10) days of receiving the Level one decision. Indicate which method of alternative dispute resolution is desired.

· The alternative dispute resolution proceeding is to be scheduled within twenty (20) days and the outcome of this proceedings is to be documented, in writing, in fifteen (15) days.

Level three - W. Va. Code § 6C-2-4 (c)(1)

· Grievant may appeal to the Grievance Board within ten (10) days of the level two decision to request a level three hearing. A copy of this appeal must be sent to the employer.

· The grievant must select whether to request a level three hearing or to submit the case on the level one hearing record.

· A Level three hearing, if requested, is to be held within a reasonable time following the request. Note: In practice, hearings are usually held on a date agreed upon by the parties.

· The Administrative Law Judge must issue a written decision within thirty (30) days of the hearing. Note: If the parties agree to file proposed findings of fact and conclusions of law, the Board considers the 30-day deadline to be automatically extended until the agreed date.

NOTE: WAIVER TO LEVEL THREE

Pursuant to W. Va. Code § 6C-2-4(3), a grievant may proceed to level three for 2 reasons: 1) with a written agreement between the grievant and the chief administrator, or 2) when the grievant has been discharged, suspended without pay, or demoted or reclassified resulting in a loss of compensation or benefits.

Matters Excluded from the Grievance Procedure

The following are not legitimate grievance matters.

! when authority to act is not vested with the employer

! relating to public employee retirement

! relating to public employees insurance