SENATE CONCURRENT RESOLUTION NO. 37
(By Senators Mitchell, Hunter, Wooton, Dawson and Ball)
Requesting the Joint Committee on Government and Finance conduct an
interim study for the development of a plan encouraging state
employees, covered by the West Virginia Education and State
Employees Grievance Board, to use mediation and/or arbitration
as alternative dispute resolution techniques.
Whereas, In 1985, the Legislature created the West Virginia
Education and State Employees Grievance Board. The Legislature
enlarged the board's jurisdiction in 1988 by enacting a grievance
procedure for state employees; and
Whereas, The board's mission statement is to equitably,
consistently and quickly resolve employee disputes between
employees and county boards' of education, higher educational
institutions and state agencies so that morale may be maintained,
effective job performance may be enhanced and the citizens of this
state may be better served; and
Whereas, In 1996, the West Virginia Education and State
Employees Grievance Board estimated that the grievance procedure
covers approximately 64,904 public employees. The number of
employees appears to not have changed significantly since then; and
Whereas, The West Virginia Code, §18-29-10, requires the board to engage in mediation and other dispute resolution techniques to
actively help the parties in identifying, clarifying and resolving
issues prior to the level-four hearing, to the extent feasible,
with existing personnel and resources; and
Whereas, After the enactment of the 1992 provision, the board
expanded a limited experimental mediation program which it had
previously initiated; and
Whereas, In a report to the Legislature, the board stated that
although mediation services were provided in only a relatively
small number of cases, the board continues to believe mediation is
the single-most cost-effective means of resolving grievances; and
Whereas, With rising costs and delays in deciding cases, the
possible usage of alternative methods of dispute resolutions at
level four of the process would better serve all parties involved;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance conduct an interim study for the development
of a plan encouraging state employees, covered by the West Virginia
Education and State Employees Grievance Board, to use mediation
and/or arbitration as alternative dispute resolution techniques;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is to report to the regular session of the Legislature,
2001, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from the legislative appropriations to the Joint Committee on
Government and Finance.