WEST
VIRGINIA
PUBLIC EMPLOYEES GRIEVANCE BOARD
WHAT IS THE GRIEVANCE BOARD:
Background:
In 1985 the legislature created the Education Employees Grievance Board, for the purpose of providing the employees and employers of the governing boards of higher education and the state and various county boards of education a procedure for resolving problems arising in the respective employment relationships within those agencies. In 1988 this Board was renamed the Education and State Employees Grievance Board, and its role was expanded to include not only education employees but employees of the State’s Executive Branch, replacing the old Civil Service process.
Over the next twenty years of operation Administrative Law Judges employed by that Board rendered over 6,200 decisions creating a body of administrative case law which to this day governs the employment of teachers, education service workers, higher education workers and professionals, and state employees.
The PEG Board:
In 2006 after four years of study the Legislature and Governor Joe Manchin organized an effort to reorganize the grievance process and put in place a modernized, more efficient and effective process for resolving employment disputes between public employees and employers of the Executive Branch and Education. In 2007 the Legislature passed Senate Bill 442 and the Governor entered Executive Order 2-07, which created and put in place the Public Employees Grievance Board.
The Board consists of five members. One of which represents the largest labor organization in the State, one of which represents the education employee organizations of the State, one of whom represents the State’s Executive Branch, one of whom is a representative of higher education or secondary education, and one of whom is a citizen not associated with government or education. These members are appointed by the Governor, with the advise and consent of the Senate and serve no more than two consecutive terms of three years.
The Board meets at least four times per fiscal year and:
Set the procedures for the grievance process, and approve forms to be used
Employ Administrative Law Judges who actually hear and rule on the grievance cases at level 3 and provide mediation services at level 2.
Hires a Director and Staff who administrate the grievance process, collect information, prepare an annual legislative report, and manage the grievance process.
Prepare the annual budget for the Board
Submit an annual report to the Governor and Legislature which includes information on the number and costs of the various grievances as required by law.
While the Board does not hear or review the actual grievance cases, it does employ the Administrative Law Judges and sets procedures, standards, and job expectations for Administrative Law Judges, and monitors their performance.