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

2. 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;

3. 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).

4. When must a Grievance Be Filed?
15 Days

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

6. 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

7. “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).

8. Grievance Form
See Exhibit C

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

10. 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.

11. 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

12. 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

13. 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.

14. 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.

15. 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).

16. Alternative Dispute Resolution
Level Two
Alternative Dispute Resolution

17. 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

18. 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

19. 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

20. 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

21. 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

22. Administrative Law Judge
Level Three
Administrative Law Judge

23. 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

24. 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

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

26. 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.

27. Questions ? Contact your Immediate Supervisor