W. Va. Code R. § 133-8-18

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 133-8-18 - Reviews and Appeals

18.1. An employee may seek a review of his/her initial classification under the new program implemented pursuant to this rule and may appeal such initial classification through the procedures of W. Va. Code § 18-29 after completing such review. Such review or appeal shall be governed by the provisions of this rule and to the extent these provisions are inconsistent with W. Va. Code §§ 18B-9-7 or 18B-9-4, those code provisions are deemed null and void pursuant to the authorization contained in W. Va Code § 18B-9-4(c). If an employee does not first seek a review of his/her initial classification through the internal procedures set out herein, they shall be prohibited from grieving that classification under W. Va Code § 118-29-1.

18.2. An employee may seek a review of his/her initial classification, job title or pay grade by filing a request for review form after formal notification of his/her title and pay grade under the new program, but no later than January 31, 1994. Request for review forms shall be available at each institution and shall be in a form prescribed by the governing boards.

18.3. The request for review form shall be filed with the president or president's designee for this purpose, and that individual shall forward copies to the employee's immediate supervisor and appropriate dean, department head or director for comment.

18.4. The president or president's designee shall make a recommendation to the job evaluation committee regarding the request for review by March 31, 1994, and shall notify the employee of such recommendation.

18.5. Upon receipt of the institutional recommendation, the employee may file supplemental information with the job evaluation committee within ten (10) days. The job evaluation committee shall make a final determination regarding the request for review based solely upon the documentation provided above and any other material or information it may seek from the institution or employee. Such final determinations by the job evaluation committee shall be completed on or before June 30, 1994, and communicated simultaneously to all affected employees. If not made or communicated by June 30,1994, an employee may immediately proceed through the grievance procedure of W. Va. Code § 18-29-1 within thirty (30) work days of July 1, 1994, under the procedures set out in this rule.

18.6. Each institution shall make available for examination to all employees the position description forms, job descriptions, and other materials used in making the initial classifications under this program.

18.7. If an employee is dissatisfied with the determination of the job evaluation committee the employee may grieve his/her initial classification under this program, including the job or position description and assignment to pay grade or salary schedule, within thirty (30) work days from receipt of the notification set out in Section 18.5 of this rule, by filing a grievance pursuant to the procedures of W. Va. Code § 18-29-1. Any employee not filing a grievance under the provisions of this rule within those thirty (30) work days, or not seeking a review timely pursuant to this rule, shall be deemed to be equitably and uniformly classified and compensated for the purposes of W. Va. Code § 18B-9-1, and shall also be deemed to have expressly waived his/her right to grieve such initial classification, absent intervening and countervailing circumstances that effect that initial classification.

18.8. An immediate supervisor or president of an institution does not have the authority to change the initial classification of an employee under the new program and does not have the authority to grant any such relief requested in a grievance relating to such initial classification. The governing boards are hereby designated as the lowest level at which such relief may be granted and employees seeking to appeal their initial classification under the provisions of W. Va. Code § 18B-9-1 shall file any such grievance at that level. When filing such a grievance with the appropriate governing board, an employee shall expressly state whether or not he/she agrees to an extension of the statutory period for a hearing before the governing board.

W. Va. Code R. § 133-8-18