H. B. 2478
(By Delegates Beach, Fleischauer
Anderson and Heck)
[Introduced March 11, 1997; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section eight-c, article four,
chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
seniority rights for personnel employed by multicounty
vocational centers and allowing all years of employment by
an employee within a county participating in the multicounty
vocational center to be considered for seniority purposes.
Be it enacted by the Legislature of West Virginia:
That section eight-c, 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-4-8c. Seniority rights for personnel employed by multicounty vocational centers.
Professional and service personnel employed by a multicounty
vocational center shall establish seniority on the basis of the
length of time the employee has been employed by the multicounty
vocational center, except that any professional or service personnel whose employment with the multicounty vocational center
was immediately preceded by employment with one of the county
boards participating in the operation of the center or whose
employment contract was with one of the county boards
participating in the operation of the center or any professional
or service personnel whose employment in a county was immediately
preceded by employment in a multicounty vocational center of
which the county is participating in the operation of that
center: (1) Shall retain any seniority accrued during employment
by said the county board; (2) shall accrue seniority as a regular
employee with said the county board during employment with the
center; (3) shall attain continuing contract status with both the
county and the center if the sum of the years employed by the
county and the center equals the statutory number required for
continuing contract status; and (4) shall retain and continue to
accrue county and center seniority in the event of employment by
said the participating county as a result of direct transfer from
the center to the county or recall from the preferred list.
Reductions in work force in the center or employment by the
center or county board shall be made in accordance with the
provisions of sections seven-a and eight-b of this article:
Provided, That only all years of employment by an employee within
a county participating in the multicounty vocational center shall
be considered for purposes of reduction in force within the
center.
The seniority conferred herein shall apply retroactively to
all affected professional and service personnel, but the rights incidental thereto shall commence as of the effective date of
this section.
NOTE: The purpose of this bill is to allow all years of
employment with a county participating in the multicounty
vocational center to be considered for seniority purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.