W. Va. Code R. § 81-8-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-8-3 - Definitions
3.1. For the purpose of this rule:
3.1.1. "Days" means working days exclusive of Saturday, Sunday, or official holidays.
3.1.2. "Discrimination" means any difference in the treatment of members unless such differences are related to the actual job responsibilities of the members or agreed to in writing by the members.
3.1.3. "Favoritism" means unfair treatment of a member as demonstrated by preferential, exceptional, or advantageous treatment of another or other members.
3.1.4. "Grievance" means any claim by one or more affected State Police members alleging a violation, a misapplication or a misinterpretation of the statutes, written policies, rules, regulations, or written agreements under which such members work. Any pension matter or other issue relating to public employees insurance, retirement, or any other matter in which the authority to act is not vested with the State Police shall not be the subject of any grievance filed under this policy and procedure. Management reserves the exclusive right to manage the affairs and operations of the State Police.
3.1.5. "Grievance coordinator" means that individual designated by the Superintendent to oversee and coordinate the administration of employee grievances.
3.1.6. "Grievance Evaluator" means that individual authorized to render a decision on a grievance under procedural levels one, two and three as set out in section four.
3.1.7. "Grievant" means any member or group of named members filing a grievance as defined in subsection (3.1.5) of this section.
3.1.8. "Harassment" means repeated or continual disturbance, irritation or annoyance of a member which would be contrary to the demeanor expected by law, policy, and profession.
3.1.9. "Hearing examiner" means individuals employed by the State Police in accordance with section five of this rule.
3.1.10. "Immediate supervisor" means that person next in the chain of command of the grievant possessing a degree of administrative authority and designated as such.
3.1.11. "Member" means any non-probationary sworn member employed by the State Police.
3.1.12. "Representative" means any person or persons designated by the grievant to represent him or her in the processing of a grievance through this procedure, or both.
3.1.13. "Reprisal" means retaliation by the Superintendent or his or her designee toward a grievant, witness, representative or any other participant in the grievance procedure either for an alleged injury itself or any lawful attempt to redress it.
3.1.14. "Superintendent" is the executive officer-in-charge and chief administrator of the State Police.

W. Va. Code R. § 81-8-3