H. B. 2531


(By Delegate McGraw)

[Introduced February 16, 1995; referred to the

Committee on Education then Finance.]





A BILL to amend and reenact section eight-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school personnel; salaries, wages and other benefits; and increasing service personnel minimum monthly salaries.

Be it enacted by the Legislature of West Virginia:
That section eight-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8a. Service personnel minimum monthly salaries.

STATE MINIMUM PAY SCALE PAY GRADE


Years of
Employ-
ment ABCDEFGH

0 950 9701,0101,0601,1101,1701,2001,270
1 972 9921,0321,0821,1321,1921,2221,292
2 9941,0141,0541,1041,1541,2141,2441,314
31,0161,0361,0761,1261,1761,2361,2661,336
41,0381,0581,0981,1481,1981,2581,2881,358
51,0601,0801,1201,1701,2201,2801,3101,380
61,0821,1021,1421,1921,2421,3021,3321,402
71,1041,1241,1641,2141,2641,3241,3541,424
81,1261,1461,1861,2361,2861,3461,3761,446
91,1481,1681,2081,2581,3081,3681,3981,468
101,1701,1901,2301,2801,3301,3901,4201,490
111,1921,2121,2521,3021,3521,4121,4421,512
121,2141,2341,2741,3241,3741,4341,4641,534
131,2361,2561,2961,3461,3961,4561,4861,556
141,2581,2781,3181,3681,4181,4781,5081,578
151,2801,3001,3401,3901,4401,5001,5301,600
161,3021,3221,3621,4121,4621,5221,5521,622
171,3241,3441,3841,4341,4841,5441,5741,644
181,3461,3661,4061,4561,5061,5661,5961,666
191,3681,3881,4281,4781,5281,5881,6181,688
201,3901,4101,4501,5001,5501,6101,6401,710
211,4121,4321,4721,5221,5721,6321,6621,732
221,4341,4541,4941,5441,5941,6541,6841,754
231,4561,4761,5161,5661,6161,6761,7061,776
241,4781,4981,5381,5881,6381,6981,7281,798
251,5001,5201,5601,6101,6601,7201,7501,820
261,5221,5421,5821,6321,6821,7421,7721,842
271,5441,5641,6041,6541,7041,7641,7941,864
281,5661,5861,6261,6761,7261,7861,8161,886
291,5881,6081,6481,6981,7481,8081,8381,908
301,6101,6301,6701,7201,7701,8301,8601,930
STATE MINIMUM PAY SCALE PAY GRADE I


Years of
Employ-
ment A B C D E F G H

01,0101,0301,0701,1201,1701,2301,2601,330
11,0351,0551,0951,1451,1951,2551,2851,355
21,0601,0801,1201,1701,2201,2801,3101,380
31,0851,1051,1451,1951,2451,3051,3351,405
41,1101,1301,1701,2201,2701,3301,3601,430
51,1351,1551,1951,2451,2951,3551,3851,455
61,1601,1801,2201,2701,3201,3801,4101,480
71,1851,2051,2451,2951,3451,4051,4351,505
81,2101,2301,2701,3201,3701,4301,4601,530
91,2351,2551,2951,3451,3951,4551,4851,555
101,2601,2801,3201,3701,4201,4801,5101,580
111,2851,3051,3451,3951,4451,5051,5351,605
121,3101,3301,3701,4201,4701,5301,5601,630
131,3351,3551,3951,4451,4951,5551,5851,655
141,3601,3801,4201,4701,5201,5801,6101,680
151,3851,4051,4451,4951,5451,6051,6351,705
161,4101,4301,4701,5201,5701,6301,6601,730
171,4351,4551,4951,5451,5951,6551,6851,755
181,4601,4801,5201,5701,6201,6801,7101,780
191,4851,5051,5451,5951,6451,7051,7351,805
201,5101,5301,5701,6201,6701,7301,7601,830
211,5351,5551,5951,6451,6951,7551,7851,855
221,5601,5801,6201,6701,7201,7801,8101,880
231,5851,6051,6451,6951,7451,8051,8351,905
241,6101,6301,6701,7201,7701,8301,8601,930
251,6351,6551,6951,7451,7951,8551,8851,955
261,6601,6801,7201,7701,8201,8801,9101,980
271,6851,7051,7451,7951,8451,9051,9352,005
281,7101,7301,7701,8201,8701,9301,9602,030
291,7351,7551,7951,8451,8951,9551,9852,055
301,7601,7801,8201,8701,9201,9802,0102,080
STATE MINIMUM PAY SCALE PAY GRADE


Years of
Employ-
mentABCDEFGH

011101130117012201270133013601430
111381158119812481298135813881458
211661186122612761326138614161486
311941214125413041354141414441514
412221242128213321382144214721542
512501270131013601410147015001570
612781298133813881438149815281598
713061326136614161466152615561626
813341354139414441494155415841654
913621382142214721522158216121682
1013901410145015001550161016401710
1114181438147815281578163816681738
1214461466150615561606166616961766
1314741494153415841634169417241794
1415021522156216121662172217521822
1515301550159016401690175017801850
1615581578161816681718177818081878
1715861606164616961746180618361906
1816141634167417241774183418641934
1916421662170217521802186218921962
2016701690173017801830189019201990
2116981718175818081858191819482018
2217261746178618361886194619762046
2317541774181418641914197420042074
2417821802184218921942200220322102
2518101830187019201970203020602130
2618381858189819481998205820882158
2718661886192619762026208621162186
2818941914195420042054211421442214
2919221942198220322082214221722242
3019501970201020602110217022002270
3119781998203820882138219822282298
32200620262066211621662226
22562326
3320342054209421442194225422842354
3420622082212221722222228223122382
3520902110215022002250231023402410

CLASS TITLE PAY GRADE

Accountant ID
Accountant IIE
Accountant IIIF
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance ClerkC
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
(1) On and after the first day of July, one thousand nine hundred ninety-five, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade" and the minimum monthly pay and the minimum monthly pay for each service employee whose employment is for a period of three and one half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale pay grade" set forth in this section. Provided, That on and after the first day of July, one thousand nine hundred ninety-four, the minimum monthly pay for each service employee whose employment is for a period of more than three and one half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I" as set forth in this section, and the minimum monthly pay for each service employee whose employment is for a period of three and one half hours or less a day shall be at least one half the amount indicated in the "state minimum pay scale pay grade I" set forth in this section.
(2) An additional ten twenty dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(3) An additional ten twenty dollars per month shall also be added to the minimum monthly pay of each service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board of education.
(4) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. following, the employee shall be paid no less than an additional ten twenty dollars per month and one half of such the pay shall be paid with local funds.
(5) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times such the employee's usual hourly rate.
(6) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be paid for such additional hours or fraction thereof at a rate of one and one-half times their usual hourly rate and paid entirely from county board of education funds.
(7) No service employee shall have his or her daily work schedule changed during the school year without such employee's written consent, and such employee's required daily work hours shall not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(8) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board of education and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if so requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though such an employee were employed on a full-day salary basis.
(9) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal shall include, but not be limited to, travel, preparation of the work site, removal of asbestos, decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employees' regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be utilized in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(10) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certified professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever such supervision is required.
(11) The minimum clerical help in schools shall be provided as follows: Schools with six to fifteen teachers, one full-day secretary; schools with up to three hundred students, one full-day secretary; schools with three hundred to five hundred students, one full-day secretary and one half-day additional clerical help and schools with more than five hundred students, one full-day secretary and one full-day additional clerical help.
(12) Notwithstanding the provisions of section six, article two of this chapter, county boards of education shall be prohibited from reducing the employment terms of school service personnel without the written consent of the affected employee in the current fiscal year or for subsequent fiscal years. County boards of education may not circumvent this prohibition by terminating the contract of employment of a school service personnel and issuing a new contract of employment to the employee at a reduced term of employment.
(13) Effective the first day of July, one thousand nine hundred ninety-six, through the thirtieth day of June, one thousand nine hundred ninety-seven, service personnel shall receive an average minimum salary increase of at least one thousand five hundred dollars.
(14) Effective the first day of July, one thousand nine hundred ninety-seven, through the thirtieth day of June, one thousand nine hundred ninety-eight, service personnel shall receive an average minimum salary increase of at least one thousand five hundred dollars.


NOTE: The purpose of this bill is to provide pay increases for service personnel. It increases pay $100.00 across the board; adds $3.00 per month to monthly increment; extends the increment years to 35; adds $10.00 per month for high school diploma or GED holders; adds $10.00 per month for 12 college hours or comparable trade/vocational school credit; adds $10.00 per month for shift work between 6:00 p.m. and 5:00 a.m.; provides for $1,500.00 a year raises in 1996-97 and 1997-98; establishes secretarial staffing minimums; and prohibits the reduction of the employment terms of school personnel without the written consent of the affected employee.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.