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.