ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 161
(By Senators Jackson and Tomblin)
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[Originating in the Committee on Finance;
reported March 3, 1999.]
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A BILL to amend and reenact section one, article seven, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to deleting the
limitation of one year relative to the application of
certain seniority rights of employees involuntarily
transferred to nonclassified positions.
Be it enacted by the Legislature of West Virginia:
That section one, article seven, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Seniority for full-time classified personnel;
seniority to be observed in reducing work force;
preferred recall list; renewal of listing; notice
of vacancies.
(a) Definitions for terms used in this section
shall be are
in accordance with those provided in section two, article nine of
this chapter except that the provisions of this section shall
apply only to classified employees whose employment, if
continued,
shall accumulate accumulates to a minimum total of one
thousand forty hours during a calendar year and
extend extends
over at least nine months of a calendar year:
Provided, That
this section
shall also apply for one year also applies to any
classified employee who is involuntarily transferred to a
position in nonclassified status for which he or she did not
apply:
Provided, however, That any classified employee
involuntarily transferred to a position in nonclassified status
may only exercise the rights set out in this section for
positions equivalent to or lower than the last job class the
employee held.
(b) All decisions by the appropriate governing board or
their agents at state institutions of higher education concerning
reductions in work force of full-time classified personnel,
whether by temporary furlough or permanent termination, shall be
made in accordance with this section. For layoffs by
classification for reason of lack of funds or work, or abolition
of position or material changes in duties or organization and for
recall of employees
so laid off, consideration shall be given to
an employee's seniority as measured by permanent employment in
the service of the state system of higher education. In the
event that the institution wishes to lay off a more senior
employee, the institution
must shall demonstrate that the senior
employee cannot perform any other job duties held by less senior
employees of that institution in the same job class or any other
equivalent or lower job class for which the senior employee is
qualified:
Provided, That if an employee refuses to accept a
position in a lower job class,
such the employee shall retain all
rights of recall
hereinafter provided
in this section. If two or
more employees accumulate identical seniority, the priority shall
be determined by a random selection system established by the
employees and approved by the institution.
(c) Any employee laid off during a furlough or reduction in
work force shall be placed upon a preferred recall list and shall
be recalled to employment by the institution on the basis of
seniority. An employee's listing with an institution shall
remain active for a period of one calendar year from the date of
termination or furlough or from the date of the most recent
renewal. If an employee fails to renew the listing with the
institution, the employee's name may be removed from the list.
An employee placed upon the preferred list shall be recalled to
any position opening by the institution within the
classification(s) classifications in which the employee had
previously been employed or to any lateral position for which the
employee is qualified. An employee on the preferred recall list
shall not forfeit the right to recall by the institution if
compelling reasons require
such the employee to refuse an offer
of reemployment by the institution.
The institution shall
be required to notify all employees
maintaining active listings on the preferred recall list of all
position openings that from time to time exist.
Such The notice
shall be sent by certified mail to the last known address of the
employee. It
shall be is the duty of each employee listed to notify the institution of any change in address and to timely
renew the listing with the institution. No position openings
shall be filled by the institution, whether temporary or
permanent, until all employees on the preferred recall list have
been properly notified of existing vacancies and have been given
an opportunity to accept reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who meets
the minimum qualifications for a job opening at the institution
where the employee is currently employed, whether the job
be is
a lateral transfer or a promotion, and applies for
same the job
shall be transferred or promoted before a new person is hired
unless
such the hiring is affected by mandates in affirmative
action plans or the requirements of Public Law 101-336, Tthe
Americans With Disabilities Act. If more than one qualified,
nonexempt classified employee applies, the best-qualified
nonexempt classified employee shall be awarded the position. In
instances where
such the classified employees are equally
qualified, the nonexempt classified employee with the greatest amount of continuous seniority at that state institution of
higher education shall be awarded the position. A nonexempt
classified employee is one to whom the provisions of the federal
fair labor standards act, as amended, apply.
(e) In addition to any other information required, any
application for personnel governed by the provisions of this
section shall include the applicant's social security number.