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POLICY NO. 25

Categories Policies

PERSONNEL ADMINISTRATION

SECTION 1.         GENERAL

1.1       Scope -This rule establishes policy in a number of areas regarding personnel administration for Bluefield State College employees.

1.2       Authority -      West Virginia Code 18B-1-6, 18B-1-8, 18B-9-4.

1.3       Filing Date -    March 28, 1994

1.4       Effective Date - March 28, 1994

1.5       Replaces Title 133, Legislative Rule, Series 62

1.6       Effective Date:           March 21, 2002, Revised February 19, 2004, Approved March 18, 2004 

SECTION 2.         DEFINITIONS

2.1       This subsection defines the different types of employment the institution may use and the status under the classification program and for benefits.

2.1.1    Full-Time Regular Employee (FTR). Any employee in a classified position created to last a minimum of nine months of a twelve month period and in which such employee is expected to work no less than 1,040 hours during said period. The full-time equivalent (FTE) of such a position must be reported at no less than .53 FTE. Such an employee is covered under the classification program set out by this rule and is eligible for all applicable benefits of a full-time regular classified employee, subject to the qualifying conditions of each benefit. Such benefits shall be prorated in relation to a 1.00 FTE. Length of service as a full-time regular employee with the State of West Virginia shall be credited toward initial placement on the salary schedule which may be subsequently enacted by the Legislature or adopted by the governing boards.

2.1.2    Part-Time Regular Employee (PTR). An employee in a position created to last less than 1,040 hours during a twelve-month period. An employee in a PTR position is not eligible for benefits, but is covered under the classification program.

2.1.3    Temporary Employee. An employee hired into a position expected to last fewer than nine months of a twelve month period regardless of hours worked per week. A temporary employee is not eligible for benefits, but is covered by the classification program.

2.1.4    Casual Employee. A casual employee position is a position created to meet specific operational needs at an institution for no more than 225 hours in a 12-month period. Individuals in a casual employee position are not eligible for benefits and are not covered by the classification program.

2.1.5    Student Employee. An employee enrolled at the institution as a student and whose primary purpose for being at the institution is to obtain an education. A student employee is not eligible for benefits and is not covered by the classification program.

2.1.6    Full-Time Faculty. Employment as a faculty member for a full academic year (at least a nine-month contract basis) for at least six (6) semester credit hours teaching per semester or the equivalent in teaching, research, public service, and/or administrative responsibilities. Faculty are not considered classified employees or subject to the classification program.

2.1.7    Non-Classified Employee. An employee, designated by the president, who is responsible for departmental or institutional policy formation or reports directly to the president of the institution, or is in a position considered critical to the institution by the president. Non-classified employees are not subject to the classification program but are eligible for benefits. Non-classified shall not exceed ten percent of the total number of employees at the institution who are eligible for membership in a state retirement system and shall serve at the will and pleasure of the president. An additional ten percent of the total number of employees of the institution may be placed in this category if they are in a position considered critical to the institution by the president.

2.1.8    Change In Status. The president or his/her designee will review and make a final determination as to the status or change in status of any employee under this subsection. When the president or his/her designee determines that a part-time regular employee becomes a full-time regular employee, he/she shall credit that employee's previous service toward any calculation of length of service for purposes of this rule and benefit eligibility based upon a prorated comparison against a 1.00 FTE. Previous length of service as temporary, casual, and student employees shall not be credited toward seniority calculations under other sections of this rule or statute.

2.2       Position. A set of duties and responsibilities performed by a specific employee at the institution.

2.3       Job. A collection of duties and responsibilities performed by one or more employees at one or more institutions whose work is substantially of the same nature and which requires the same skill and responsibility level. For jobs occupied by only one employee, the terms "position" and "job" shall be considered the same.

2.4       Job Title. The label that uniquely identifies and generally describes a job. The same descriptive job title shall be given to a group of jobs, regardless of institutional location, which are substantially the same in duties and responsibilities, and which require substantially the same knowledge, skills and abilities performed under similar working conditions.

2.5       Position description form. The document which describes the set of essential and non-essential functions of a position at a particular institution.

2.6       Generic Job description. A summary of the essential functions of a job, including the general nature of the work performed, a characteristic listing of duties and responsibilities, and the specifications necessary to perform the work. Generic job descriptions shall be prepared for systems-wide and institution-specific titles occupied by more than one employee. For a job occupied by only one employee, the position description becomes the job description.

2.7       Pay Grade. A range of compensation values for a job defined by a series of step values. Positions which occupy the same job title shall be assigned to the same pay grade. Job titles having similar factor levels, shall be classified within the same pay grade.

2.8       Promotion. Movement from a position requiring a certain level of skill, effort and authority to a vacant or newly created position assigned to a different job title and higher pay grade requiring a greater degree of skill, effort, and authority.

2.9       Interim Responsibilities. A significant change in duties and responsibilities of an employee on a temporary basis justifying an interim promotion or upgrade for salary purposes. Such a temporary reassignment shall normally be for no less than four (4) consecutive weeks and no more than twelve (12) consecutive months and shall only occur when the responsibilities being undertaken by the employee are those of another position that is vacant because of the incumbent's illness or resignation or because of temporary sufficient change in the duties and responsibilities of a filled position. If the temporary reassignment of responsibilities meets the test for a temporary upgrade or promotion under Sections 13 and 14 of this rule, the affected employee shall have his/her base salary adjusted upwards consistent with a promotion or upgrade under this rule. At the end of the temporary reassignment, the affected employee shall have his/her salary reduced to its original level including any salary increase which the employee would have received in his/her regular position.

2.10     Upgrade. An advancement of the employee's current position to a higher pay grade as a result of a significant change in the position's existing duties and responsibilities. When a position is upgraded, the employee does not move to a different position in a higher pay grade. Rather, it is the employee's position that is moved to a higher pay grade because of a significant increase in the position's existing responsibilities, as determined by job evaluation. When an upgrade occurs to an employee occupying a title held by more than one individual, the position's current title shall be changed to a different title in the higher pay grade. When an upgrade occurs to an employee occupying a title exclusively assigned to that position, the current title may or may not be revised depending upon how relevantly the current title describes the position.

2.11     Demotion. Movement from a position requiring a certain level of skill, effort and responsibility to a vacant or newly created position assigned to a different job title and lower pay grade requiring a significantly lesser degree of skill, effort and responsibility.

2.12     Downgrade. A reassignment of the employee's current position to a job title assigned to a lower pay grade as a result of a significant reduction in the existing position's duties and responsibilities. When a position is downgraded, the employee does not move to a different position in a lower pay grade. Rather, it is the employee's position that is moved to a lower pay grade because of a significant decrease in the position's existing responsibilities as determined by job evaluation. When a downgrade occurs to an employee occupying a title held by more than one individual, the position's current title will be changed to a different title in the lower pay grade. When a downgrade occurs to an employee occupying a title exclusively assigned to that position, the current title may or may not be revised depending upon how relevantly the current title describes the position.

2.13     Transfer. Movement from one position or job title to another position or job title requiring the same degree of skill, effort and authority. Both positions are in the same pay grade.

2.14     Base salary. The amount of salary paid annually to an employee, excluding any annual increment earned pursuant to West Virginia Code 18B-9-5 or 5-5-2. Total salary is base salary plus any increment earned.

2.15     Base salary adjustment. The amount that a base salary increases within the pay grade to reward performance, to rectify inequities, or to accommodate competitive market conditions.

2.16     Longevity. The total number of years employed at state institutions of higher education and other agencies of state government in West Virginia for purposes of determining placement on any salary schedule which may be subsequently enacted by the Legislature or adopted by the governing boards at time of implementation of the classification program authorized by this rule.

2.17     Institution. Bluefield State College.

2.18     President. The president of Bluefield State College.

2.19     Board of Governors. The Bluefield State College Board of Governors.

2.20     Chancellor. The Chancellor of the Higher Education Policy Commission. 

2.21     Salary schedule. A schedule consisting of a series of pay grades, which may be subsequently enacted by the Legislature or adopted by the governing boards.

2.22     Recall. An employee terminated under the provisions of 18B-7-1 and recalled to work at his/her previous institution under the same provisions. Salary for a recalled employee will be consistent with the entry rates described in Section 12 of this rule.

2.23     Rehire. An employee who leaves the service of an institution by resignation and later applies for and accepts a position at the same institution. Salary for a rehired employee will be consistent with the entry rates described in Section 12 of this rule.

2.24     FTE. Full time equivalency is the percentage of time for which a position is established, with a full-time position working 1950 hours per year being 1.00 FTE.

2.25     Classified Employee. An employee who is covered by the provisions of the classification program outlined in this rule.

2.26     Exempt. Employees not covered by the Fair Labor Standards Act (FLSA) for overtime purposes.

2.27     Non-Exempt. An employee who is entitled to overtime benefits as outlined in federal and state law.

2.28     Factor. One of the thirteen (13) items used to evaluate jobs. The items are knowledge, experience, complexity and problem solving, freedom of action, breadth of responsibility, scope and effect, intrasystems contacts, external contacts, direct supervision exercised, indirect supervision exercised, working conditions, physical coordination, and physical demands.

2.29     Point factor methodology. The instrument used to assign weights to the factors. The total of the weights determines the pay grade to which a job title is assigned.

2.30     Job Family. A series of job titles in an occupational area or group.

SECTION 3.         COMPENSATION; PAY CALCULATIONS

3.1       Base salary is calculated on a thirty-seven and one-half (37 1/2) hour workweek.

3.2       When base salary increases are calculated and rounding is involved, the policy is to round up to the nearest even dollar amount.

3.3       Overtime pay for nonexempt employees is calculated at the rate of one and one-half (1 1/2) times the regular hourly rate, which is the total base salary, plus any incremental pay, divided by 1,950 hours. Overtime does not commence until forty (40) hours have actually been worked within one (1) workweek. Regular hourly pay, also known as "straight time," is paid for work time between thirty-seven and one-half (37 1/2) hours and forty (40) hours in a work week.

3.4       Only actual hours worked are included in calculating overtime. Pay which is received for holidays, annual leave, sick leave, or work release time, as authorized by Series 38, is not counted as working hours for purposes of overtime.

3.5       Annual leave, sick leave and longevity do not accumulate in any part of a month for which an employee is off the payroll on a leave without pay or during a terminal leave period. A terminal leave period is that time between the employee's last day of work and his/her last day on the payroll. 

SECTION 4.         COMPENSATORY AND HOLIDAY PREMIUM TIME OFF

4.1       Compensatory time off shall be allowed only to the extent authorized by federal and state law.

4.2       When a full-time or part-time classified non-exempt employee is required to work on any designated board or institution holiday, that employee at his/her option shall receive regular pay for that holiday plus substitute time off or additional pay at the rate of one and one-half (1/2) times the number of hours actually worked. The time off must be used within a six-month period following the holiday.

4.3       When an exempt employee is required to work on any designated board or institution holiday, that employee shall be given substitute time off on an hour-for-hour worked basis. 

SECTION 5.         WORKWEEK

5.1       The workweek is a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7) consecutive twenty-four (24) hour periods. It begins at 12:01 a.m. on Sunday and ends at 12 midnight the following Saturday. The institutional president or the president's designee may establish a workweek different from this provided that record keeping requirements are met as set forth in relevant law. A work schedule of thirty-seven and one-half (37.5) hours will be established within a workweek. 

SECTION 6.         APPOINTMENT

6.1       A classified employee appointment letter shall be completed for each classified employee at the time of initial employment. 

SECTION 7.         ACCESS TO PERSONNEL FILE

7.1       An employee may have access to his/her personnel file when the employing institution is normally open for business. An employee may examine his/her own file and the contents therein with the following exception:

7.1.1    Materials which were gathered with the employee's prior agreement to forfeit his/her right of access, such as some references.

7.2       A representative of the custodian of records shall be present with the employee during the review. The date, time and location of each review shall be recorded in the personnel file.

7.3       A copy of any material in the personnel file, except as noted above, shall be provided to an employee upon request. A small copy fee may be charged. Positive identification of the employee must be established prior to providing access to the personnel file. Documents may not be removed from a personnel file by the employee. An employee may petition at any time for either the removal or addition of documents to his/her own personnel file. The employer may require that employees schedule an appointment to see the personnel file. 

SECTION 8.         CHANGES IN NAME, ADDRESS, NUMBER OF DEPENDENTS AND RELATED MATTERS

8.1       It is the exclusive responsibility of each employee to notify all appropriate persons, agencies and parties when record changes occur, including emergency information. This must be done in writing and a copy of such notification will be placed in the employee's personnel file as a permanent record that he/she notified appropriate persons, agencies and parties. 

SECTION 9.         CLASSIFICATION REVIEW REQUEST

9.1       When significant changes occur in the principal duties and responsibilities of a classified position, it is the responsibility of the supervisor to recommend through established procedures that the position be reviewed. Requests for position reviews also may be initiated by an employee after discussion with the immediate supervisor. Within thirty (30) days from the date of request for review of a job, the department of human resources shall report to the requestor, in writing, whether the reclassification has been denied or approved. The immediate supervisor must prepare a complete and accurate position description form of the duties of the position, but the description may be written by the employee at the supervisor's request. The responsibility for assigning tasks and duties to a position belongs to the supervisor. It is the supervisor's responsibility to document and submit the position description form for classification review when significant changes occur in the principal duties and responsibilities of a position. It is also the responsibility of a supervisor to ensure completion of required forms. The institutional president or the president's designee may also initiate action to review positions. The president or the president's designee has authority on the campus to make classification determinations for institution-specific titles or the slotting of employees under existing systems-wide titles. The president may delegate authority to the human resource administrator for day to day management of the classification program. Management of the program requires adherence to written rules which ensure a uniform system of personnel classification. All classified positions shall be placed on any salary schedule which may be subsequently enacted by the Legislature or adopted by the governing board.

9.2       A position description form shall exist for every classified position. It shall be reviewed by the supervisor and/or the president or the president's designee on a formal basis at least every three years as part of the position audit procedures established by each institution. The date of each review shall be recorded on the description. 

SECTION 10.       JOB EVALUATION PROCESS

10.1     The review of individual positions occupying systems-wide titles shall be carried out by the institution's president or president's designee provided that the action involves the reclassification or the reslotting of the employee into an existing systems-wide title.

10.2     The review of institution-specific job titles, as well as the reslotting of employees into an existing institution-specific title, shall be carried out by the president or the president's designee of each respective institution.

10.3     If an institution initiates an action to establish a job which exists exclusively at another institution, the institution's president or the president's designee shall submit a request for the use of the title to the chancellors or the chancellors' designee. A review shall then be conducted, a determination made, and notification given to the institution's president or the president's designee as to whether the request is approved or denied. If a request is denied, reasons for the denial will be provided to the president or president's designee. Once two or more institutions utilize a job title, that title shall automatically become a systems-wide title.

10.4     All actions taken by a president or president's designee under this section are subject to audits and reviews by the job evaluation committee.

10.5     On-going responsibility for overseeing and administering the job evaluation program and ensuring that it is administered equitably and uniformly across the institutions rests with the chancellors or the chancellors' designee. The evaluation of all systems-wide job titles and the review of classification decisions across the system shall be under the purview of the job evaluation committee. The composition of the job evaluation committee shall consist of nine human resource representatives and two classified staff representatives. Of the nine human resource representatives, one shall be from the HEPC and shall serve as chair, four shall be from the University System (which shall be deemed to include West Virginia Network for Educational Telecomputing), and four shall be from the State College System. The nine human resource representatives shall be appointed by the appropriate chancellors to staggered terms of no more than two years. The classified staff representatives shall consist of one from each state-wide advisory council of classified employees and shall be appointed by the appropriate chair of the state-wide advisory council of classified employees to staggered terms of no more than two years. In addition, the chancellors may appoint, to the committee, as they deem appropriate, representatives of major groups which represent classified employees.

10.6     The job evaluation committee shall be convened by its chair at least quarterly, or more often if deemed necessary, to review classification decisions made or those being proposed by the institutions. To ensure the integrity of the program, random and/or complete reviews of classification decisions made or proposed by the institutions shall be conducted by the committee. Each institution shall be responsible, however, for submitting to the central office on a monthly basis, a computer diskette of any classification decisions actualized, along with appropriate documentation where requested by the committee. The chancellors or the chancellors' designee shall review the classification actions of each institution for appropriateness and consistency of application. Pending this review, the job evaluation committee shall be convened as needed to review those actions regarded as potentially out of conformance with the compensation and classification program. The committee shall subsequently provide a report to the appropriate governing board concerning its findings relative to each institutional review. In those cases where the committee finds an institutional classification decision to be in error, the committee shall recommend to the chancellor or chancellor's designee whether the pay grade assignment should be changed to the appropriate level.

10.6.1  Salary reversals shall be made in accordance with the procedures for upgrades and downgrades specified in this rule. During the course of its reviews, should the job evaluation committee discover the systematic misapplication of the program by an institution or institutions, it shall notify the chancellors, who will take the appropriate action warranted. Whenever the chancellors or their designee find that employees have been misclassified at the institutional level, they shall order that these classifications and salaries be immediately adjusted to the proper level. Absent fraud on the behalf of the employee, any overpayment to the employee because of an erroneous classification decision by an institution shall not be collected from the employee. However, any erroneous overpayment to such an employee, once corrected, shall not be deemed as evidence in claims by other employees that the classification and compensation program is not equitable or uniform. 

SECTION 11.       ENTRY RATES

11.1     The entry rate for any classified employee appointed after the effective date of this rule shall not be below the established minimum set out below for the pay grade assigned. The entry rate for any classified employee appointed on or after July 1, 2005 shall not be below the entry (zero) step set out in WV Code Section 18B-9-3 for the pay grade assigned. 

STATE COLLEGE AND UNIVERSITY SYSTEMS CLASSIFIED STAFF MINIMUM EQUITY STEP AND ENTRY RATES

EFFECTIVE JANUARY 1, 1994

Pay Grade                                           Minimum Equity Step

1                                                                      10,092

2                                                                      10,392

3                                                                      10,716

4                                                                      11,040

5                                                                      11,376

6                                                                      11,736

7                                                                      12,396

8                                                                      13,116

9                                                                      13,884

10                                                                    14,712

11                                                                    15,612

12                                                                    16,596

13                                                                    17,640

14                                                                    18,780

15                                                                    20,004

16                                                                    21,348

17                                                                    22,800

18                                                                    24,372

19                                                                    26,088

20                                                                    27,948

21                                                                    29,964

22                                                                    32,172

23                                                                    34,584

24                                                                    37,212

25                                                                    40,080

SECTION 12.       PROMOTION

12.1     Promotions result from an employee moving from his/her current position to a vacant or newly created position assigned to a different job title and higher pay grade and which requires a significantly greater degree of skill, effort and responsibility than that of the employee's current position.

12.2     Upon promotion from a position in one pay grade to a different position in a higher pay grade, the employee will receive an increase of five percent (5%) per pay grade rounded to the next highest step in the new pay grade based upon the employee's base salary, or the entry rate of the new pay grade, described in Section 12 of this rule, whichever is greater. However, under adverse recruiting conditions in which an institution experiences great difficulty in filling a position, an increase which brings the employee up to a point no greater than the maximum of the grade may be given. Promotional increases which exceed the standard formula must meet the same criteria which appears in the section on entry rates of this rule and must be approved in accordance with the process outlined in that section. The new base salary may not exceed the maximum of the new pay grade. 

SECTION 13.       UPGRADE

13.1     Upgrades result from the process of job evaluation where a determination is made that a significantly higher level of skill, effort, and responsibility exists in the employee's current position. A new pay grade value shall then be established based on the application of the job evaluation plan and the calculation of a revised total point value for the position. Upon determination of the pay grade, job descriptions shall be reviewed of other titles having the same pay grade and whose duties, responsibilities and requirements closely match the work of the position as it is now described. The position shall then be slotted into the classification whose grade is consistent with the point value calculated and whose duties and requirements most appropriately characterize the position. For unique and specialized positions where no current job title exists at the needed grade, the creation of a new title shall be established so that the position is properly classified and graded within the system. This work must be done by the human resource administrator or the human resource administrator's designee.

13.2     When an employee occupies a position at the time that a position upgrade is to be placed into effect, the method of calculating the employee's base salary increase is the same as that specified for a promotion. In the absence of funds to support an upgrade, work at the higher level shall not be performed.  

SECTION 14.       DEMOTION

14.1     Demotions result from an employee moving from his/her current position to a vacant or newly created position assigned to a different job title and lower pay grade, and which requires a significantly lesser degree of skill, effort and responsibility than that of the employee's current position.

14.2     Upon demotion, the employee's base salary is decreased five percent (5%) per pay grade rounded to the nearest step in the new pay grade. 

SECTION 15.       DOWNGRADE

15.1     Downgrades result from the process of job evaluation where a determination is made that a significantly lower level of skill, effort and responsibility exists in the employee's current position. A new pay grade shall then be established based on the application of the job evaluation plan and the calculation of a revised total point value for the position. Upon determination of the pay grade, job descriptions shall be reviewed of the other titles having the same pay grade and whose duties, responsibilities and requirements closely match the work of the position as it is now described. The position shall then be slotted into the classification whose grade is consistent with the point value calculated and whose duties and requirements most appropriately characterize the position. For unique and specialized positions where no current titles exist at the needed grade, the creation of a new title shall be established so that the position can be properly classified and graded within the system. This work must be done by the human resource administrator or the human resource administrator's designee.

15.2     The method of calculating the employee's new base salary after a downgrade is the same as that specified for a demotion. 

SECTION 16.       TRANSFER

16.1     No change of base salary as a function of a transfer may occur.