Senate Bill No. 266
(By Senator Blatnik, By Request)
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[Introduced February 4, 1994; referred to the Committee
on Education; and then to the Committee on Finance.]
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A BILL to amend and reenact section eight, article twenty-nine,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to allocation
of costs for grievance procedures; and requiring the
employee to pay the costs of level four grievances if the
grievance is denied.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-nine, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 29. GRIEVANCE PROCEDURE.
§18-29-8. Allocation of costs.
Any expenses incurred relative to the grievance procedure at
levels one through three shall be borne by the party incurring
such expenses except as to the costs of transcriptions as
provided for in section six of this article.
In the event that
the level four decision is adverse to the employee, the employeeshall pay all expenses incurred relative to the level four
procedure.
In the event an employee or employer appeals an adverse
level four decision to the circuit court or an adverse circuit
court decision to the supreme court, and the employee
substantially prevails upon such appeal, the employee or the
organization representing the employee is entitled to recover
court costs and reasonable attorney fees, to be set by the court,
from the employer.
NOTE: The purpose of this bill is to require employees to
pay all expenses of level four grievances if the grievance is
denied.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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