§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-1-4. Civil Action by Whistle-Blower for Violation; Limitation on Actions; Burden of Proof; Defense; Use of Evidence in Civil Service Proceeding; Grievance Action Available; Other Rights and Actions Not Limited
(a) A person who alleges that he or she is a victim of a violation of this article may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within two years after the occurrence of the alleged violation. (b) An employee alleging a violation of this […]
§6C-1-5. Redress for Whistle-Blower
A court, in rendering a judgment for the complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant […]
§6C-1-6. Civil Penalty; Termination From Public Service
(a) A person who, as an employer or under color of an employer’s authority, violates this article is personally liable for a civil fine of not more than $5,000. A civil fine which is collected under this section shall be paid to the State Treasurer for deposit into the General Fund. (b) In addition to […]
§6C-1-7. Limitations on Scope of Construction; Protections Related to Political Activity and Membership in Organization of Employee
(a) The provisions of this article shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by an appropriate authority or impair the rights of any employee covered by the civil service system to be a member of an organization of employees or to […]
§6C-1-8. Notice to Employees of Protection of Whistle-Blowers
An employer shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations set forth in the provisions of this article.
§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-2-3. Grievance Procedure Generally
(a) Time limits. — (1) An employee shall file a grievance within the time limits specified in this article.
§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 […]