West Virginia 2023 Regular Session Status: Enacted 2 R cosponsors

SB 461 — Relating to WV public employees grievance procedure

Last action — Chapter 247, Acts, Regular Session, 2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2023. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The amendment to SB 461 introduces several changes to the West Virginia Public Employees Grievance Procedure. Key updates include clearer guidelines on filing grievances and the limits on how many grievances an employee can represent; it also specifies that grievances must be filed promptly and outlines grounds for dismissal. These changes are important because they aim to streamline the grievance process, clarify employee representation and responsibilities, and ultimately help ensure fair and timely resolutions for disputes in the workplace.

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Latest
SB461 H Committee on the Judiciary AM #1Charnock 3919 The Committee on the Judiciary moved to amend the bill on page 4, section 2, lines 52-53 by striking the entirety of lines 52 and 53 and renumbering thereafter;
SB461 HFAT Capito 3-9Charnock 3919 Delegate Capito moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:A BILL to amend and reenact §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, and §6C-2-6 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Public Employees Grievance Procedure;
 And,On page 5, section 3, line 2 by striking “notarize”;
defining terms;
and, on page 5, section 3, line 4 by striking “and notarized”;
clarifying actions or any matter relating to protected classes are not subject to grievances;
and, on page 5, section 3, line 7 by striking “and notarize”;
providing that Division of Personnel may not be a party in certain circumstances;
And, On page 15, section 6, line 7 by inserting, Provided, That the provisions of this subsection shall only allow the discretionary recovery of court costs and reasonable attorney’s fees from a grievant if he or she has not substantially prevailed at any level of the grievance process or in any appeal to the Intermediate Court of Appeals or the Supreme Court of Appeals of West Virginia.    
providing for multiple grievant parties;
providing a grievance must be filed within the time limits specified or it may be dismissed;
extending certain time limits;
providing for grievance dismissal for untimeliness, lack of jurisdiction, or failure to state a claim and appeals of such dismissal;
updating default process to include employer;
providing the grievance evaluator and the administrative law judge may not hold a motion to dismiss in abeyance while other proceedings take place;
clarifying that grievances may be consolidated as long as the initial grievance has not been dismissed;
providing that proceedings may be rescheduled for good cause shown;
requiring grievant representatives provide the names and work location of employees being represented;
requiring that employees provide the name and contact information of his or her representative;
directing Grievance Board to make available certain forms;
providing that employee annual leave will be charged for work hours used in preparing for and attending the grievance hearing in excess of certain limits;
providing for the chief administrator’s resolution of certain disputes and further providing for discretionary recording of conference;
limiting annual number of grievances an employee may serve as a representative;
providing for conference recordings;
requiring grievance to be held in abeyance under certain circumstances;
clarifying employee representation is limited by work requirements;
requiring grievant to provide copies of grievance in certain cases;
updating appellate procedure from level three decision;
and providing for award of costs and attorney fees.
    AdoptedRejected 
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Action History

  1. Chapter 247, Acts, Regular Session, 2023

  2. Approved by Governor 3/29/2023

  3. To Governor 3/17/2023

  4. Approved by Governor 3/29/2023 - House Journal

  5. Approved by Governor 3/29/2023 - Senate Journal

  6. To Governor 3/17/2023 - House Journal

  7. To Governor 3/17/2023 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 579)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 663)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. With amendment, do pass

  23. To House Judiciary

  24. To Judiciary

  25. Introduced in House

  26. Ordered to House

  27. Passed Senate (Roll No. 128)

  28. Read 3rd time

  29. On 3rd reading

  30. Read 2nd time

  31. On 2nd reading

  32. Read 1st time

  33. On 1st reading

  34. Committee substitute reported

  35. To Judiciary

  36. Introduced in Senate

  37. To Judiciary

  38. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 29 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 14003
Democrat 0100
Total 29104
% of votes cast 85%3%0%12%
How each member voted (34)
Member Party Vote
MARONEY — Not Voting
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Not Voting
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Not Voting
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Nay
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Not Voting
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 461?
SB 461 is sponsored by Charles H. Clements (Republican) and Patricia Rucker (Republican).
What is the current status of SB 461?
This bill has been enacted into law. Introduced January 24, 2023. Enacted.
Where can I track SB 461?
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Last checked for changes 3 months ago · updated continuously

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