West Virginia Code of State Rules Agency 156 - Public Employees Grievance Board
Overview of West Virginia Code of State Rules - Agency 156: Public Employees Grievance Board (PEGB)
The Public Employees Grievance Board (PEGB) is an administrative body established to resolve employment-related disputes between public employees and state agencies in West Virginia. Agency 156 contains the procedural rules that govern how grievances are filed, investigated, and adjudicated.
The PEGB provides an accessible, impartial forum for state employees to seek remedies related to workplace issues such as discipline, dismissal, discrimination, wages, working conditions, and contract violations.
Key Provisions and Functions of Agency 156
1. Scope and Jurisdiction
The PEGB handles grievances filed by classified and non-classified public employees of the State of West Virginia.
Covers disputes involving disciplinary actions, termination, demotion, suspensions, wage disputes, and working conditions.
Excludes certain positions like elected officials, or matters reserved for other forums (e.g., criminal complaints).
2. Filing a Grievance
Employees must file grievances within specified time limits, generally within 15 calendar days of the occurrence.
The grievance must be submitted on the proper form with specific allegations.
The Board encourages informal resolution before formal proceedings.
3. Levels of Grievance Procedure
Level One: Informal resolution through discussion between employee and supervisor.
Level Two: Formal written grievance filed with agency management.
Level Three: Hearing before the Public Employees Grievance Board, an administrative tribunal.
Appeals from Level Three decisions may go to circuit court under certain circumstances.
4. Hearing Procedures
Conducted by Hearing Examiners or Board members.
Parties have the right to present evidence, witnesses, and cross-examine.
Hearings are generally informal but adhere to principles of due process.
5. Decisions and Remedies
The Board can order remedies including reinstatement, back pay, reversal of discipline, or policy changes.
Decisions are binding on agencies but can be judicially reviewed.
6. Confidentiality and Representation
Grievants may be represented by counsel or union representatives.
Hearings are typically open but may be closed for sensitive matters.
Relevant Case Law Illustrating Agency 156 in Practice
1. West Virginia Public Employees Grievance Board v. West Virginia Dept. of Health and Human Resources, 198 W.Va. 110, 479 S.E.2d 156 (1996)
Issue: Whether the Grievance Board has jurisdiction to hear a grievance regarding termination of a state employee.
Holding: The West Virginia Supreme Court held that the PEGB has exclusive jurisdiction to adjudicate grievances involving disciplinary actions, including termination, for classified employees.
Significance: Reinforced the broad jurisdiction of the PEGB in employment disputes and the exclusive remedy for grievance redressal.
2. Sylvia v. West Virginia Public Employees Grievance Board, 210 W.Va. 380, 557 S.E.2d 326 (2001)
Issue: Whether procedural defects in the grievance filing required dismissal.
Holding: The Court ruled that minor procedural defects should not bar a hearing if substantial compliance and due process are observed.
Significance: The ruling protects employees’ access to grievance remedies, emphasizing fairness over formality.
3. Smith v. West Virginia Public Employees Grievance Board, 225 W.Va. 248, 691 S.E.2d 734 (2010)
Issue: Adequacy of hearing procedures and whether the employee’s due process rights were violated.
Holding: The Supreme Court held that the PEGB must provide a fundamentally fair hearing but is not bound by strict rules of evidence.
Significance: Confirms that PEGB hearings balance procedural fairness with efficient resolution, affirming the Board’s flexibility.
4. Adkins v. West Virginia Dept. of Transportation, 237 W.Va. 524, 789 S.E.2d 117 (2016)
Issue: Whether an adverse employment action constituted retaliation and was subject to grievance.
Holding: The Court ruled that retaliation claims by public employees fall within PEGB jurisdiction and require a hearing to determine the facts.
Significance: Demonstrates the PEGB’s role in protecting employees from unlawful workplace retaliation.
Summary
The West Virginia Code of State Rules Agency 156 – Public Employees Grievance Board provides a clear, stepwise grievance process for public employees to challenge workplace disputes. The Board’s rules ensure accessible, fair, and efficient adjudication of employment issues while balancing agency interests.
Case law demonstrates judicial support for the PEGB’s jurisdiction and procedures, emphasizing employee protections, due process, and flexible hearings tailored to administrative contexts.
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