Mason County School District Grievance Training Mason County School District WV Code § 6C-2-1, et. seq. 2017-2018

What is A Grievance? A claim by an employee alleging a violation, a misapplication or a misinterpretation of the statutes, policies, rules or written agreements applicable to the employee including: (i) Any violation, misapplication or misinterpretation regarding compensation, hours, terms and conditions of employment, employment status or discrimination; (ii) Any discriminatory or otherwise aggrieved application of unwritten policies or practices of his or her employer;

What is A Grievance? (iii) Any specifically identified incident of harassment; (iv) Any specifically identified incident of favoritism; or (v) Any action, policy or practice constituting a substantial detriment to or interference with the effective job performance of the employee or the health and safety of the employee. W. Va. Code §6C-2-2(i)(1).

When must a Grievance Be Filed? 15 Days

County Superintendent/Designee Level One Chief Administrator - County Superintendent/Designee

Level One Overview Grievance initiated in writing within 15 working days of event duplicate filed with Grievance Board choice noted of conference or hearing Superintendent or designee must give advance notice of where and when during regular work hours conference within 10 working days of request hearing within 15 days of request 5 days advance notice Must be private

“Days” 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. W. Va. Code §6C-2-2(c).

Grievance Form See Exhibit C

Extensions of Timelines Time limits may be extended By mutual written agreement But only to a date certain

A Grievant may choose to have either a conference or a hearing. Conference v. Hearing A Grievant may choose to have either a conference or a hearing.

Level One Conference Alternative Not recorded Superintendent may call witnesses All parties may submit supportive or corroborative evidence and arguments Parties have right to file proposed findings of fact and conclusions of law Otherwise, Superintendent or designee determines conference procedure

Level One Conference Alternative Hearing Recorded Superintendent and all parties may call witnesses All parties may submit supportive or corroborative evidence and arguments Parties have right to file proposed findings of fact and conclusions of law Conducted as a formal hearing

Conference v. Hearing Conference Hearing Held within 10 days Private Informal Meeting Exchange Information in an attempt to resolve grievance Written decision within 15 days Held within 15 days Private Recorded Proceeding Evidence presented Witness presented and subject to examination Written decision within 15 days.

Level One – NOW WHAT! Superintendent or designee issues written decision within 15 working days of conference Note: Superintendent/designee can’t issue subpoenas No employee may be compelled to testify against himself or herself Level One may be skipped altogether in certain instances, some of which require employer’s consent.

Chief Administrator’s Decision Unless otherwise agreed by the parties, is due within 15 Days of the Conference or Hearing. W. Va. Code §6C-2-4(2)&(3).

Alternative Dispute Resolution Level Two Alternative Dispute Resolution

Level Two Overview Private proceedings Grievant files appeal (within 10 working days after receiving Level One decision) requesting Mediation by a Grievance Board ALJ Private Mediation Private Arbitration However, the last two of the three require the consent of the other parties Thus ALJ mediation is the “default” choice

Level Two Overview ADR must be scheduled within 20 working days of request Within 15 working days of Mediation the report indicates The grievance is fully resolved, or Mediation was unsuccessful Within 30 working days of Arbitration Written decision to all parties To Board within 10 days

Mediation Neutral person acts as mediator Resolution is only by consent of all parties – no party “forced” to resolve dispute Parties are required to act in good faith to try to resolve the dispute Usually involves mediator physically meeting with parties together and separately Mediator does not render a decision Usually treated as confidential (statements not admissible in proceedings) Mediated resolution is enforceable in court

Arbitration Resembles a court proceeding Parties present their “cases” to a neutral party, who makes a decision Parties generally do not control the outcome Usually “final and binding” with no appeal

Level Two Process costs No cost to the parties for Grievance Board ALJ Private mediation and arbitration: parties bear the cost equally or as agreed

Administrative Law Judge Level Three Administrative Law Judge

Level Three Overview Grievant files appeal within 10 working days of receiving Level Two report or decision Formal hearing, on the record, before Grievance Board ALJ ALJ must consult parties as to schedule Hearing must be held within “reasonable time” after appeal filed Written Level Three decision within 30 working days after the hearing Parties may submit proposed findings of fact and conclusions of law

Level Three – Now What! Agreed upon date for submission of proposed findings of fact and conclusions of law May request a copy of the recording (not transcribed) NO NEW EVIDENCE AFTER THIS HEARING

Kanawha County Circuit Court West Virginia Supreme Court of Appeals Court Appeals Kanawha County Circuit Court West Virginia Supreme Court of Appeals

Courts Overview The only Circuit Court that hears these appeals is the Circuit Court of Kanawha County Either party may file Circuit Court appeal within 30 days after receiving Level Three decision Circuit Court hears no new evidence, but rather reviews record Boards must be represented by counsel After Circuit Court issues a decision, either party may within four months fiel a petition for appeal to the Supreme Court Supreme Court may decide not to entertain appeals Attorneys fees may be awarded at the Court level but are not awarded at the Grievance Board Level.

Questions ? Contact your Immediate Supervisor