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Home » US Law » 2022 West Virginia Code » Chapter 6C. Public Employees » Article 2. West Virginia Public Employees Grievance Procedure

§6C-2-1. Purpose

(a) The purpose of this article is to provide a procedure for the resolution of employment grievances raised by the public employees of the State of West Virginia, except as otherwise excluded in this article. (b) Resolving grievances in a fair, efficient, cost-effective and consistent manner will maintain good employee morale, enhance employee job performance […]

§6C-2-2. Definitions

For the purpose of this article and article three of this chapter: (a) "Board" means the West Virginia Public Employees Grievance Board created in article three of this chapter. (b) "Chief administrator" means, in the appropriate context, the commissioner, chancellor, director, president, secretary or head of any state department, board, commission, agency, state institution of […]

§6C-2-4. Grievance Procedural Levels

(a) Level one: Chief administrator. — (1) Within fifteen days following the occurrence of the event upon which the grievance is based, or within fifteen days of the date upon which the event became known to the employee, or within fifteen days of the most recent occurrence of a continuing practice giving rise to a […]

§6C-2-5. Enforcement and Appeal

(a) The decision of the administrative law judge is final upon the parties and is enforceable in the circuit court of Kanawha County. (b) A party may appeal the decision of the administrative law judge on the grounds that the decision: (1) Is contrary to law or a lawfully adopted rule or written policy of […]

§6C-2-6. Allocation of Expenses and Attorney's Fees

(a) Any expenses incurred relative to the grievance procedure at levels one, two or three shall be borne by the party incurring the expenses. (b) In the event a grievant or employer appeals an adverse level three decision to the circuit court of Kanawha County, or an adverse circuit court decision to the Supreme Court […]

§6C-2-7. Mandamus Proceeding

Any employer failing to comply with the provisions of this article may be compelled to do so by a mandamus proceeding and may be liable to a prevailing party for court costs and reasonable attorney's fees to be set by the court.