West Virginia Code Chapter 6C — Public Employees

Short title

This article shall be known, and may be cited, as the "Whistle-blower Law."

Definitions

The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise: (a) "Appropriate authority" means a federal, state, county or municipal government body, agency or organization having jurisdiction over criminal law enforcement, reg…

Discriminatory and retaliatory actions against whistle-blowers prohibited; promotion, increased compensation protected

(a) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, acting on his or her own volition, or a person acting on behalf of or under the direction of the emp…

Civil action by whistle-blower for violation; limitation on actions; burden of proof; defense; use of evidence in civil service proceeding; grievance action available; other rights and actions not limited

(a) A person who alleges that he or she is a victim of a violation of this article may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within two years after the occurrence of the alleged violation. (b) An employee alleging a violation of this article mus…

Redress for whistle-blower

A court, in rendering a judgment for the complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A cour…

Civil penalty; termination from public service

(a) A person who, as an employer or under color of an employer’s authority, violates this article is personally liable for a civil fine of not more than $5,000. A civil fine which is collected under this section shall be paid to the State Treasurer for deposit into the General Fund. (b) In addition to subsection (a) of…

Limitations on scope of construction; protections related to political activity and membership in organization of employee

(a) The provisions of this article shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by an appropriate authority or impair the rights of any employee covered by the civil service system to be a member of an organization of employees o…

Notice to employees of protection of whistle-blowers

An employer shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations set forth in the provisions of this article.

Purpose

(a) The purpose of this article is to provide a procedure for the resolution of employment grievances raised by the public employees of the State of West Virginia, except as otherwise excluded in this article. (b) Resolving grievances in a fair, efficient, cost-effective, and consistent manner will maintain good employ…

Definitions

For the purpose of this article and article three of this chapter: (a) "Board" means the West Virginia Public Employees Grievance Board created in article three of this chapter. (b) "Chief administrator" means, in the appropriate context, the commissioner, chancellor, director, president, secretary or head of any state…

Grievance procedure generally

(a) Filing. — (1) Each grievant shall file a grievance form, signed by the grievant, within the time limits specified in this article. If more than one grievant is a party to the grievance, they may submit one signed form initiating the grievance. Grievant representatives who file on behalf of one or more grievants sha…

Grievance procedural levels

(a) Level one: Chief administrator. — (1) Within 15 days following the occurrence of the event upon which the grievance is based, within 15 days of the date upon which the event became known to the employee, or within 15 days of the most recent occurrence of a continuing practice giving rise to a grievance, an employee…

Enforcement and appeal

(a) The decision of the administrative law judge is final upon the parties and is enforceable in the circuit court situated in the judicial district in which the grievant is employed. (b) An appeal of the decision of the administrative law judge shall be to the Intermediate Court of Appeals in accordance with §51-11-4(…

Allocation of expenses and attorney’s fees

(a) Any expenses incurred relative to the grievance procedure at levels one, two, or three shall be borne by the party incurring the expenses. (b) In the event a grievant or employer appeals an adverse level three decision to the Intermediate Court of Appeals, or an adverse Intermediate Court of Appeals decision to the…

Mandamus proceeding

Any employer failing to comply with the provisions of this article may be compelled to do so by a mandamus proceeding and may be liable to a prevailing party for court costs and reasonable attorney's fees to be set by the court.

Employee organizations may not be compelled to disclose certain communications; exceptions

(a) Except as otherwise provided in this section, an employee organization or an agent of an employee organization may not be compelled to disclose any communication or information the employee organization or agent received or acquired in confidence from a public employee, while the employee organization or agent was…

West Virginia Public Employees Grievance Board

(a) Effective June 30, 2007, the Education and State Employees Grievance Board, and the employment of the hearing examiners and administrative law judges under the board, terminate. (b) Effective July 1, 2007, the West Virginia Public Employees Grievance Board is created as an independent entity under the Department of…

Powers and duties of the board

The board shall: (1) Maintain jurisdiction over procedural matters in the grievance process; (2) Employ competent administrative law judges and a chief administrative law judge and pay them commensurately with other administrative law judges in the state, who shall be: (A) Residents of the State of West Virginia; (B) M…

Data collection and reporting requirements

(a) Each employer involved in a grievance matter shall maintain the forms and all records created in the grievance process, and shall provide this information to the board in the form and manner prescribed by the board. (b) The board shall obtain and maintain all records of grievance matters. (c) The board shall annual…

Rule-making authority

(a) The rules established by the Education and State Employees Grievance Board in effect on the effective date of this article that are consistent with the provisions of this article and article two of this chapter remain in effect until they are amended, modified or repealed. (b) The board may adopt, modify, amend and…

Repealed. Acts, 2010 Reg. Sess., Ch. 32.

Review of the grievance procedure

On or before January 1, 2010, the Joint Committee on Government and Finance shall review the grievance procedure and the board, evaluate its usefulness and make recommendations concerning its continuation or termination.

Definitions

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (a) "Advanced professional development training" means any academy, class, conference, course, program, seminar or training attended by an employee that: (1) Is not required by his or her…

Agreements to reimburse state agencies for training compensation paid to employees; rule-authority

(a) Notwithstanding any other provision of this code to the contrary, an agency may require an employee to enter into a written reimbursement agreement to repay training compensation. (b) If an employee voluntarily leaves employment with the agency within one year after receiving advanced professional development train…

Exemptions

(a) The provisions of this article do not apply to: (1) Training offered to a member of the West Virginia State Police during his or her participation in the West Virginia State Police Cadet Training Program in accordance with the provisions of subsection (i), section five, article two, chapter fifteen of this code; (2…