NOTICE: Senate Bill 461 amended W. Va. Code § 6 C- 2 – 1, et seq . Substantial changes were made by the legislature to the grievance procedure which became effective June 9, 2023. To view, click here.
All West Liberty University employees hired for permanent employment for a full- or part-time position can file a grievance to seek a resolution to a workplace dispute. All grievances are processed under rules outlined in WV Code §6C-2.
A grievance must be filed with the University’s Chief Administrator (President) within 15 days following the occurrence of the event upon which the grievance is based or within 15 days of the date when the employee learned of the event or within 15 days of the most recent occurrence of a continuing practice giving rise to a grievance. “Days” means working days exclusive of Saturday, Sunday, official holidays and any day in which the employee’s workplace is legally closed under the authority of the chief administrator due to weather or other cause provided for by statute, rule, policy or practice
Specific allegations for the grievance and the relief requested by the employee must be stated on the grievance form. However, the grievance procedure cannot address any issues over which West Liberty University as the employer lacks statutory authority to act, including retirement programs and pensions or public employees insurance.
THREE LEVELS OF THE GRIEVANCE PROCESS
Level One – Employee files the grievance at this level generally and requests either an informal conference or a formal hearing be conducted by West Liberty University’s Chief Grievance Administrator. Unless the parties agree otherwise, a Hearing or Conference must be scheduled within 20 days of receipt of the grievance. The chief administrator shall issue a written decision within 20 days of the Hearing or Conference.
Level Two – If an employee is unsatisfied with the Level One decision, he/she may file an appeal within 15 days to the WV Public Employees Grievance Board. At this level, a mediation or arbitration may be requested and will be scheduled within 20 days of the request. The mediation is conducted by an administrative law judge at no cost to the parties. A report of the mediation shall be issued within 20 days of the mediation. If arbitration is selected, the arbitrator shall render a decision in writing to all parties, setting forth findings of fact and conclusions of law on the issues submitted within 30 days following the arbitration.
Level Three – If the mediation/arbitration at Level Two was unsuccessful, the employee may file a written appeal with the employer and the WV Public Employees Grievance Board within 10 days of the receipt of the mediation report and request a Level Three hearing on the grievance. This hearing will be held before an administrative law judge.
More information about this process, including grievance forms, can be found on the West Virginia Public Employees Grievance Board website.
Grievance Statute: http://www.wvlegislature.gov/WVCODE/Code.cfm?chap=06c&art=2
Grievance Procedures: https://pegb.wv.gov/Code_Rules/Documents/Rules_156CSR1.pdf
A copy of any grievance forms should be sent to both addresses listed below:
WLU Chief Grievance Administrator
Office of the President
Shaw Hall, Office 202
208 University Dr.
West Liberty, WV 26074
State Grievance Board
1701 5th Avenue, Suite 2
Charleston, WV 25387
Any questions should be directed to the West Liberty University Department of Human Resources.