Bill Text: WV HB4231 | 2018 | Regular Session | Introduced
Bill Title: Eliminating the requirement to pay service personnel for at least a full day of work when he or she has worked more than three and one-half hours on any Saturday or Sunday
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-01-19 - To House Education [HB4231 Detail]
Download: West_Virginia-2018-HB4231-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
House Bill 4231
By Delegates Shott, Gearheart, and Ellington
[Introduced January 19,
2018; Referred
to the Committee on Education then Finance.]
A BILL to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement to pay service personnel for at least a full day of work when he or she has worked more than three and one-half hours on any Saturday or Sunday.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel; definitions.
(b) Service personnel employed on a yearly or 12-month basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any county supplement are applicable.
(c) Service personnel employed in the same classification for more than the 200-day minimum employment term are paid for additional employment at a daily rate of not less than the daily rate paid for the 200-day minimum employment term.
(d) A service person may not be required to report for work more than five days per week without his or her agreement, and no part of any working day may be accumulated by the employer for future work assignments, unless the employee agrees thereto.
(e) If a service person
whose regular work week is scheduled from Monday through Friday agrees to
perform any work assignments on a Saturday or Sunday, the service person is
paid for at least one-half day of work the service person is paid the
regular hourly wage for each day Saturday or Sunday he or she
reports for work. If the service person works more than three and one-half
hours on any Saturday or Sunday, he or she is paid for at least a full day of
work for each day.
(f) A custodian, aide, maintenance, office, and school lunch service person required to work a daily work schedule that is interrupted is paid additional compensation in accordance with this subsection.
(1) A maintenance person means a person who holds a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in §18A-1-1.
(2) A service person's schedule is considered to be interrupted if he or she does not work a continuous period in one day. Aides are not regarded as working an interrupted schedule when engaged exclusively in the duties of transporting students;
(3) The additional compensation provided in this subsection:
(A) Is equal to at least one eighth of a service person's total salary as provided by the state minimum pay scale and any county pay supplement; and
(B) Is payable entirely from county board funds.
(g) When there is a change in classification or when a service person meets the requirements of an advanced classification, his or her salary shall be made to comply with the requirements of this article and any county salary schedule in excess of the minimum requirements of this article, based upon the service person's advanced classification and allowable years of employment.
(h) A service person's contract, as provided in §18A-2-5, shall state the appropriate monthly salary the employee is to be paid, based on the class title as provided in this article and on any county salary schedule in excess of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class titles, set forth in §18A-4-8a, are defined as follows:
(1) “Pay grade” means the monthly salary applicable to class titles of service personnel;
(2) “Years of employment” means the number of years which an employee classified as a service person has been employed by a county board in any position prior to or subsequent to the effective date of this section and includes service in the Armed Forces of the United States, if the employee was employed at the time of his or her induction. For the purpose of §18A-4-8a, years of employment is limited to the number of years shown and allowed under the state minimum pay scale as set forth in §18A-4-8a;
(3) “Class title” means the name of the position or job held by a service person;
(4) “Accountant I” means a person employed to maintain payroll records and reports and perform one or more operations relating to a phase of the total payroll;
(5) “Accountant II” means a person employed to maintain accounting records and to be responsible for the accounting process associated with billing, budgets, purchasing and related operations;
(6) “Accountant III” means a person employed in the county board office to manage and supervise accounts payable, payroll procedures, or both;
(7) “Accounts payable supervisor” means a person employed in the county board office who has primary responsibility for the accounts payable function and who either has completed 12 college hours of accounting courses from an accredited institution of higher education or has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(8) “Aide I” means a person selected and trained for a teacher-aide classification such as monitor aide, clerical aide, classroom aide or general aide;
(9) “Aide II” means a service person referred to in the “Aide I” classification who has completed a training program approved by the state board, or who holds a high school diploma or has received a general educational development certificate. Only a person classified in an Aide II class title may be employed as an aide in any special education program
(10) “Aide III” means a service person referred to in the “Aide I” classification who holds a high school diploma or a general educational development certificate; and
(A) Has completed six semester hours of college credit at an institution of higher education; or
(B) Is employed as an aide in a special education program and has one year's experience as an aide in special education;
(11) “Aide IV” means a service person referred to in the “Aide I” classification who holds a high school diploma or a general educational development certificate; and
(A) Has completed 18 hours of State Board-approved college credit at a regionally accredited institution of higher education, or
(B) Has completed 15 hours of State Board-approved college credit at a regionally accredited institution of higher education; and has successfully completed an in-service training program determined by the state board to be the equivalent of three hours of college credit;
(12) “Audiovisual technician” means a person employed to perform minor maintenance on audiovisual equipment, films, and supplies and who fills requests for equipment;
(13) “Auditor” means a person employed to examine and verify accounts of individual schools and to assist schools and school personnel in maintaining complete and accurate records of their accounts;
(14) “Autism mentor” means a person who works with autistic students and who meets standards and experience to be determined by the state board. A person who has held or holds an aide title and becomes employed as an autism mentor shall hold a multiclassification status that includes both aide and autism mentor titles, in accordance with §18A-4-8b;
(15) “Braille specialist” means a person employed to provide braille assistance to students. A service person who has held or holds an aide title and becomes employed as a braille specialist shall hold a multiclassification status that includes both aide and braille specialist title, in accordance with §18A-4-8b;
(16) “Bus operator” means a person employed to operate school buses and other school transportation vehicles as provided by the state board;
(17) “Buyer” means a person employed to review and write specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined specifications at the lowest available costs;
(18) “Cabinetmaker” means a person employed to construct cabinets, tables, bookcases and other furniture;
(19) “Cafeteria manager” means a person employed to direct the operation of a food services program in a school, including assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation, preparing financial reports and keeping records pertinent to food services of a school;
(20) “Carpenter I” means a person classified as a carpenter's helper;
(21) “Carpenter II” means a person classified as a journeyman carpenter;
(22) “Chief mechanic” means a person employed to be responsible for directing activities which ensure that student transportation or other county board-owned vehicles are properly and safely maintained;
(23) “Clerk I” means a person employed to perform clerical tasks;
(24) “Clerk II” means a person employed to perform general clerical tasks, prepare reports and tabulations, and operate office machines;
(25) “Computer operator” means a qualified person employed to operate computers;
(26) “Cook I” means a person employed as a cook's helper;
(27) “Cook II” means a person employed to interpret menus and to prepare and serve meals in a food service program of a school. This definition includes a service person who has been employed as a “Cook I” for a period of four years;
(28) “Cook III” means a person employed to prepare and serve meals, make reports, prepare requisitions for supplies, order equipment, and repairs for a food service program of a school system;
(29) “Crew leader” means a person employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) “Custodian I” means a person employed to keep buildings clean and free of refuse;
(31) “Custodian II” means a person employed as a watchman or groundsman;
(32) “Custodian III” means a person employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;
(33) “Custodian IV” means a person employed as a head custodian. In addition to providing services as defined in “Custodian III” duties may include supervising other custodian personnel;
(34) “Director or coordinator of services” means an employee of a county board who is assigned to direct a department or division.
(A) Nothing in this subdivision prohibits a professional person or a professional educator from holding this class title;
(B) Professional personnel holding this class title may not be defined or classified as service personnel unless the professional person held a service personnel title under this section prior to holding the class title of “director or coordinator of services;”
(C) The director or coordinator of services is classified either as a professional person or a service person for state aid formula funding purposes;
(D) Funding for the position of director or coordinator of services is based upon the employment status of the director or coordinator either as a professional person or a service person; and
(E) A person employed under the class title “director or coordinator of services” may not be exclusively assigned to perform the duties ascribed to any other class title as defined in this subsection: Provided, That nothing in this paragraph prohibits a person in this position from being multiclassified;
(35) “Draftsman” means a person employed to plan, design and produce detailed architectural/engineering drawings;
(36) “Early Childhood Classroom Assistant Teacher I” means a person who does not possess minimum requirements for the permanent authorization requirements, but is enrolled in and pursuing requirements;
(37) “Early Childhood Classroom Assistant Teacher II” means a person who has completed the minimum requirements for a state-awarded certificate for early childhood classroom assistant teachers as determined by the State Board;
(38) “Early Childhood Classroom Assistant Teacher III” means a person who has completed permanent authorization requirements, as well as additional requirements comparable to current paraprofessional certificate;
(39) “Educational Sign Language Interpreter I” means a person employed to provide communication access across all educational environments to students who are deaf or hard of hearing, and who holds the Initial Paraprofessional Certificate – Educational Interpreter pursuant to state board policy;
(40) “Educational Sign Language Interpreter II” means a person employed to provide communication access across all educational environments to students who are deaf or hard of hearing, and who holds the Permanent Paraprofessional Certificate – Educational Interpreter pursuant to state board policy;
(41) “Electrician I” means a person employed as an apprentice electrician helper or one who holds an electrician helper license issued by the State Fire Marshal;
(42) “Electrician II” means a person employed as an electrician journeyman or one who holds a journeyman electrician license issued by the State Fire Marshal;
(43) “Electronic technician I” means a person employed at the apprentice level to repair and maintain electronic equipment;
(44) “Electronic technician II” means a person employed at the journeyman level to repair and maintain electronic equipment;
(45) “Executive secretary” means a person employed as secretary to the county school superintendent or as a secretary who is assigned to a position characterized by significant administrative duties;
(46) “Food services supervisor” means a qualified person who is not a professional person or professional educator as defined in §18A-1-1. The food services supervisor is employed to manage and supervise a county school system's food service program. The duties include preparing in-service training programs for cooks and food service employees, instructing personnel in the areas of quantity cooking with economy and efficiency and keeping aggregate records and reports;
(47) “Foreman” means a skilled person employed to supervise personnel who work in the areas of repair and maintenance of school property and equipment;
(48) “General maintenance” means a person employed as a helper to skilled maintenance employees, and to perform minor repairs to equipment and buildings of a county school system;
(49) “Glazier” means a person employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(50) “Graphic artist” means a person employed to prepare graphic illustrations;
(51) “Groundsman” means a person employed to perform duties that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning duties in buildings;
(52) “Handyman” means a person employed to perform routine manual tasks in any operation of the county school system;
(53) “Heating and air conditioning mechanic I” means a person employed at the apprentice level to install, repair, and maintain heating and air conditioning plants and related electrical equipment;
(54) “Heating and air conditioning mechanic II” means a person employed at the journeyman level to install, repair, and maintain heating and air conditioning plants and related electrical equipment;
(55) “Heavy equipment operator” means a person employed to operate heavy equipment;
(56) “Inventory supervisor” means a person employed to supervise or maintain operations in the receipt, storage, inventory, and issuance of materials and supplies;
(57) “Key punch operator” means a qualified person employed to operate key punch machines or verifying machines;
(58) “Licensed practical nurse” means a nurse, licensed by the West Virginia Board of Examiners for Licensed Practical Nurses, employed to work in a public school under the supervision of a school nurse;
(59) “Locksmith” means a person employed to repair and maintain locks and safes;
(60) “Lubrication man” means a person employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
(61) “Machinist” means a person employed to perform machinist tasks which include the ability to operate a lathe, planer, shader, threading machine and wheel press. A person holding this class title also should have the ability to work from blueprints and drawings;
(62) “Mail clerk” means a person employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels, and other mail;
(63) “Maintenance clerk” means a person employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;
(64) “Mason” means a person employed to perform tasks connected with brick and block laying and carpentry tasks related to these activities;
(65) “Mechanic” means a person employed to perform skilled duties independently in the maintenance and repair of automobiles, school buses, and other mechanical and mobile equipment to use in a county school system;
(66) “Mechanic assistant” means a person employed as a mechanic apprentice and helper;
(67) “Multiclassification” means a person employed to perform tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale is the higher pay grade of the class titles involved;
(68) “Office equipment repairman I” means a person employed as an office equipment repairman apprentice or helper;
(69) “Office equipment repairman II” means a person responsible for servicing and repairing all office machines and equipment. A person holding this class title is responsible for the purchase of parts necessary for the proper operation of a program of continuous maintenance and repair;
(70) “Painter” means a person employed to perform duties painting, finishing, and decorating wood, metal, and concrete surfaces of buildings, other structures, equipment, machinery, and furnishings of a county school system;
(71) “Paraprofessional” means a person certified pursuant to §18A-3-2a to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct or indirect supervision of students under the direction of a principal, a teacher or another designated professional educator.
(A) A person employed on the effective date of this section in the position of an aide may not be subject to a reduction in force or transferred to create a vacancy for the employment of a paraprofessional;
(B) A person who has held or holds an aide title and becomes employed as a paraprofessional shall hold a multiclassification status that includes both aide and paraprofessional titles in accordance with §18A-4-8b; and
(C) When a service person who holds an aide title becomes certified as a paraprofessional and is required to perform duties that may not be performed by an aide without paraprofessional certification, he or she shall receive the paraprofessional title pay grade;
(72) “Payroll supervisor” means a person employed in the county board office who has primary responsibility for the payroll function and who either has completed 12 college hours of accounting from an accredited institution of higher education or has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(73) “Plumber I” means a person employed as an apprentice plumber and helper;
(74) “Plumber II” means a person employed as a journeyman plumber;
(75) “Printing operator” means a person employed to operate duplication equipment, and to cut, collate, staple, bind, and shelve materials as required;
(76) “Printing supervisor” means a person employed to supervise the operation of a print shop;
(77) “Programmer” means a person employed to design and prepare programs for computer operation;
(78) “Roofing/sheet metal mechanic” means a person employed to install, repair, fabricate and maintain roofs, gutters, flashing, and duct work for heating and ventilation;
(79) “Sanitation plant operator” means a person employed to operate and maintain a water or sewage treatment plant to ensure the safety of the plant's effluent for human consumption or environmental protection;
(80) “School bus supervisor” means a qualified person:
(A) Employed to assist in selecting school bus operators and routing and scheduling school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promote good relationships with parents, students, bus operators and other employees; and
(B) Certified to operate a bus or previously certified to operate a bus;
(81) “Secretary I” means a person employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
(82) “Secretary II” means a person employed in any elementary, secondary, kindergarten, nursery, special education, vocational, or any other school as a secretary. The duties may include performing general clerical tasks; transcribing from notes; stenotype, mechanical equipment or a sound-producing machine; preparing reports; receiving callers and referring them to proper persons; operating office machines; keeping records and handling routine correspondence. Nothing in this subdivision prevents a service person from holding or being elevated to a higher classification;
(83) “Secretary III” means a person assigned to the county board office administrators in charge of various instructional, maintenance, transportation, food services, operations, and health departments, federal programs or departments with particular responsibilities in purchasing and financial control or any person who has served for eight years in a position which meets the definition of “Secretary II” or “Secretary III”;
(84) “Sign Support Specialist” means a person employed to provide sign supported speech assistance to students who are able to access environments through audition. A person who has held or holds an aide title and becomes employed as a sign support specialist shall hold a multiclassification status that includes both aide and sign support specialist titles, in accordance with §18A-4-8b.
(85) “Supervisor of maintenance” means a skilled person who is not a professional person or professional educator as defined in §18A-1-1. The responsibilities include directing the upkeep of buildings and shops, and issuing instructions to subordinates relating to cleaning, repairs, and maintenance of all structures and mechanical and electrical equipment of a county board;
(86) “Supervisor of transportation” means a qualified person employed to direct school transportation activities properly and safely, and to supervise the maintenance and repair of vehicles, buses, and other mechanical and mobile equipment used by the county school system. After July 1, 2010, all persons employed for the first time in a position with this classification title or in a multiclassification position that includes this title shall have five years of experience working in the transportation department of a county board. Experience working in the transportation department consists of serving as a bus operator, bus aide, assistant mechanic, mechanic, chief mechanic or in a clerical position within the transportation department;
(87) “Switchboard operator-receptionist” means a person employed to refer incoming calls, to assume contact with the public, to direct and to give instructions as necessary, to operate switchboard equipment, and to provide clerical assistance;
(88) “Truck driver” means a person employed to operate light or heavy-duty gasoline and diesel-powered vehicles;
(89) “Warehouse clerk” means a person employed to be responsible for receiving, storing, packing and shipping goods;
(90) “Watchman” means a person employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties;
(91) “Welder” means a person employed to provide acetylene or electric welding services for a school system; and
(92) “WVEIS data entry and administrative clerk” means a person employed to work under the direction of a school principal to assist the school counselor or counselors in the performance of administrative duties, to perform data entry tasks on the West Virginia Education Information System, and to perform other administrative duties assigned by the principal.
(j) Notwithstanding any provision in this code to the contrary, and in addition to the compensation provided for service personnel in §18A-4-8a, each service person is entitled to all service personnel employee rights, privileges, and benefits provided under this or any other chapter of this code without regard to the employee's hours of employment or the methods or sources of compensation.
(k) A service person whose years of employment exceeds the number of years shown and provided for under the state minimum pay scale set forth in §18A-4-8a may not be paid less than the amount shown for the maximum years of employment shown and provided for in the classification in which he or she is employed.
(l) Each county board shall review each service person's job classification annually and shall reclassify all service persons as required by the job classifications. The state superintendent may withhold state funds appropriated pursuant to this article for salaries for service personnel who are improperly classified by the county boards. Further, the state superintendent shall order a county board to correct immediately any improper classification matter and, with the assistance of the Attorney General, shall take any legal action necessary against any county board to enforce the order.
(m) Without his or her written consent, a service person may not be:
(1) Reclassified by class title; or
(2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay, compensation or benefits earned during the current fiscal year; or for which he or she would qualify by continuing in the same job position and classification held during that fiscal year and subsequent years.
(n) Any county board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the board for court costs and the prevailing party's reasonable attorney fee, as determined and established by the court.
(o) Notwithstanding any provision of this code to the contrary, a service person who holds a continuing contract in a specific job classification and who is physically unable to perform the job's duties as confirmed by a physician chosen by the employee, shall be given priority status over any employee not holding a continuing contract in filling other service personnel job vacancies if the service person is qualified as provided in §18A-4-8e.
(p) Any person employed in an aide position on the effective date of this section may not be transferred or subject to a reduction in force for the purpose of creating a vacancy for the employment of a licensed practical nurse.
(q) Without the written consent of the service person, a county board may not establish the beginning work station for a bus operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the bus operator or transportation aide commences at the bus at the designated beginning work station and ends when the employee is able to leave the bus at the designated beginning work station, unless he or she agrees otherwise in writing. The application or acceptance of a posted position may not be construed as the written consent referred to in this subsection.
(r) Itinerant status means a service person who does not have a fixed work site and may be involuntarily reassigned to another work site. A service person is considered to hold itinerant status if he or she has bid upon a position posted as itinerant or has agreed to accept this status. A county board may establish positions with itinerant status only within the aide and autism mentor classification categories and only when the job duties involve exceptional students. A service person with itinerant status may be assigned to a different work site upon written notice ten days prior to the reassignment without the consent of the employee and without posting the vacancy. A service person with itinerant status may be involuntarily reassigned no more than twice during the school year. At the conclusion of each school year, the county board shall post and fill, pursuant to §18A-4-8b, all positions that have been filled without posting by a service person with itinerant status. A service person who is assigned to a beginning and ending work site and travels at the expense of the county board to other work sites during the daily schedule, is not considered to hold itinerant status.
(s) Any service person holding a classification title on June 30, 2013, that is removed from the classification schedule pursuant to amendment and reenactment of this section in the year 2013, has his or her employment contract revised as follows:
(1) Any service person holding the Braille or Sign Language Specialist classification title has that classification title renamed on his or her employment contract as either Braille Specialist or Sign Support Specialist. This action does not result in a loss or reduction of salary or supplement by any employee. Any seniority earned in the Braille or Sign Language Specialist classification prior to July 1, 2013, continues to be credited as seniority earned in the Braille Specialist or Sign Support Specialist classification;
(2) Any service person holding the Paraprofessional classification title and holding the Initial Paraprofessional Certificate – Educational Interpreter has the title Educational Sign Language Interpreter I added to his or her employment contract. This action does not result in a loss or reduction of salary or supplement by any employee. Any seniority earned in the Paraprofessional classification prior to July 1, 2013, continues to be credited as seniority earned in the Educational Sign Language Interpreter I classification; and
(3) Any service person holding the Paraprofessional classification title and holding the Permanent Paraprofessional Certificate – Educational Interpreter has the title Educational Sign Language Interpreter II added to his or her employment contract. This action does not result in a loss or reduction of salary or supplement by any employee. Any seniority earned in the Paraprofessional classification prior to July 1, 2013, continues to be credited as seniority earned in the Educational Sign Language Interpreter II classification;
(t) Any person employed as an aide in a kindergarten program who is eligible for full retirement benefits before the first day of the instructional term in the 2020-2021 school year, may not be subject to a reduction in force or transferred to create a vacancy for the employment of a less senior Early Childhood Classroom Assistant Teacher;
(u) A person who has held or holds an aide title and becomes employed as an Early Childhood Classroom Assistant Teacher shall hold a multiclassification status that includes aide and/or paraprofessional titles in accordance with §18A-4-8b.
NOTE: The purpose of this bill is to eliminate the requirement to pay service personnel for at least a full day of work when he or she has worked more than three and one-half hours on any Saturday or Sunday.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
