West Virginia 2022 Regular Session

West Virginia House Bill HB2142

Introduced
1/12/22  

Caption

Establishing seniority rights for public employees

Impact

The implementation of HB 2142 could significantly impact the way public workplaces manage their employees, particularly regarding job security and career advancement. By formalizing rules around seniority, the bill seeks to provide a more structured approach to promotions and reassignments within public service roles. This could lead to a more equal and fair treatment of employees, especially during times of workforce reductions, where the selection of which positions to eliminate will be based on an objective seniority system rather than subjective criteria.

Summary

House Bill 2142 aims to establish clear seniority rights for public employees in West Virginia by amending the Code of West Virginia. The bill outlines various aspects of seniority accumulation, such as when it begins, how it is calculated during absences, and the rights of employees in cases of job postings and lay-offs. Notably, it includes provisions for recognizing seniority for promotions, overtime assignments, and in cases of reduction in force, ensuring that employees with greater seniority have priority over those with less. Furthermore, it mandates the posting of job vacancies to enhance transparency and accessibility for potential applicants.

Sentiment

The sentiment surrounding HB 2142 generally leans towards supporting the rights and protections of public employees. Proponents of the bill believe it will create a more equitable work environment by instituting a fair and predictable system for managing promotions, overtime, and layoffs. However, concerns may arise regarding how strictly such seniority systems are enforced, and whether it could inadvertently lead to resistance against promoting newer, potentially more qualified employees simply because of their lack of tenure.

Contention

One notable point of contention in the discussions surrounding HB 2142 centers on the balance between seniority and merit. While the bill seeks to advocate for employee rights based on time served, critics may argue that it could undermine the hiring of potentially more skilled candidates who may not have the seniority required to be prioritized. This could spark debates on whether public employment should prioritize experience over competency, thereby potentially leading to a workforce that is less dynamic and innovative. Adjustments to ensure that merit and seniority are balanced may be necessary to address this issue.

Companion Bills

No companion bills found.

Previously Filed As

WV SB642

Establishing WV Public Safety Employees Retirement System

WV A2686

"School Children First Act"; establishes factors for determining compensation; requires principal consent for teacher placement; eliminates certain seniority rights.

WV A3343

"School Children First Act"; establishes factors for determining compensation; requires principal consent for teacher placement; eliminates certain seniority rights.

WV SB00658

An Act Requiring Employers To Recall Certain Laid-off Workers In Order Of Seniority.

WV AB2101

Public employees’ retirement.

WV HB3180

Federal Compliance for public employee retirement status

WV AB3245

Public employees’ retirement.

WV HB2534

Relating to public employees insurance

WV SB243

Granting all public employees 10 percent per year permanent pay increase

WV HB4105

Relating to service employees with National Association for Pupil Transportation Certifications

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