H. B. 4153


(By Delegates Poling, Hrutkay, R. Thompson,
Manuel, Howard, Sobonya and Caputo)
[Introduced
January 28, 2004 ; referred to the
Committee on Finance.]



A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-12 ; and to amend and reenact §18B-9-5 of said code, all relating to higher education generally and requiring minimal additional pay for certain classified employees who agree to work on weekends; and, removing the provision that incremental salary increases for classified employees be paid from existing funds.

Be it enacted by the Legislature of West Virginia:
That
the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-7-12; and that §18B-9-5 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. PERSONNEL GENERALLY.

§18B-7-12. Overtime, holidays.
(a) If a classified employee whose regular workweek is scheduled from Monday through Friday agrees to perform any work assignment on a Saturday or Sunday, the employee shall be paid for at least one-half day of work for each day he or she reports for work, and if the employee works more than three and one-half hours on any Saturday or Sunday, he or she shall be paid for at least a full day of work for each day.
(b) Any classified employee required to work on any legal state holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(c) Any full-time classified employee who is required to work in excess of his or her normal working day during any week which contains a state holiday for which they are paid shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-5. Classified employee salary.

(a) Any classified employee may receive merit increases and salary adjustments in accordance with policies established by the board of governors: Provided, That merit raises may be granted only pursuant to a rule adopted by the board of governors, and approved by the chancellor, which provides a fair and equitable basis for granting merit raises pursuant to regular evaluations based upon reasonable performance standards.
(b) The current annual salary of any classified employee may not be reduced by the provisions of this article nor by any other action inconsistent with the provisions of this article, and nothing in this article may be construed to prohibit promotion of any classified employee to a job title carrying a higher pay grade if the promotion is in accordance with the provisions of this article and the personnel classification system established by the appropriate governing board.
(c) The cost of providing any salary increase pursuant to the provisions of section two, article five, chapter five of this code, shall be borne by the commission or institution from its existing budget. The commission or institution may not increase tuition and fee charges, increase auxiliary fee charges, or receive additional general revenue funds to recover the costs of the increase. Notwithstanding any other provision of this code or law to the contrary, if insufficient funding is available to an institution or the commission to implement the provisions of said section two, funding may be derived from reducing employee positions to any level, in the discretion of the institution or commission, that is sufficient to provide adequate funds, and without regard to seniority.




NOTE: The purpose of this bill is to require minimal additional pay for certain classified employees who agree to work on weekends and remove provisions that incremental salary increases for classified employees be paid from existing funds.


§18B-7-12
is new; therefore, strike-throughs and underscoring have been omitted.

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