All West Virginia State University employees hired for permanent employment for a full- or part-time position, including probationary employees, 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 Department of Human Resources within 15 working 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. “Working days” excludes Saturday, Sunday, official holidays and any day in which the workplace is legally closed under the authority of the WVSU President or their designee due to weather or other cause.
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 WVSU 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 WVSU’s Chief Grievance Administrator, who acts on behalf of the Department of Human Resources. Unless the parties agree otherwise, if an employee requests a hearing, it must be scheduled within 15 days of receipt of the grievance. As appropriate, a decision will be given at this level.
- Level Two – If an employee is unsatisfied with the Level One decision, he/she may file an appeal within 10 days to the WV Public Employees Grievance Board. At this level, a mediation 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 15 days of the mediation.
- Level Three – If the mediation 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.
A copy of any grievance forms should be sent to both addresses listed below:
WVSU Department of Human Resources
105 Cole Complex
Institute, WV 25112
State Grievance Board
1701 5th Avenue, Suite 2
Charleston, WV 25387
Any questions should be directed to the WVSU Department of Human Resources at (304) 766-3156 or hr@wvstateu.edu.