West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-18 - Reviews and Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
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.