Executive Order Modifies Grievance Procedure

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Executive Order Modifies Grievance Procedure

Due to technical discrepancies in the effective dates within Senate Bill 442, which created a new grievance board and modified the grievance procedure (effective on passage - March 7, 2007) , the Governor issued an Executive Order to alleviate the "technical discrepancy" in the effective date of the Bill and the provisions found therein. Executive Order No. 2-07, signed by Governor Manchin on May 8, 2007, turns back the hands of time to pre-Senate Bill 442.

Many attorneys interpreting the new law took notice that it took effect from passage and recommended an immediate change to procedures to be in compliance. You may even have been in attendance at a workshop at our offices where we, too, made that observation. To address that issue, and without advance notice, the Governor issued Executive Order No. 2-07 to chart the course of transition between May 8, 2007 and July 1, 2007.

As a result, the old grievance procedures, including the old forms, the four levels and the old procedural rules, are again in effect and will remain in effect through June 30, 2007. The new grievance board and new grievance procedures found in Senate Bill 442 will not take effect until July 1, 2007. The only revision to the old rules that takes effect now is that extensions of the time limits must be "to a date certain by mutual agreement of the parties."

As a result, do not repeal your local grievance policies and continue to operate under W.Va. Code 18-29-1, et seq. through June 30, 2007.

Reach. With more than 120 attorneys and six offices that serve multiple states, Bowles Rice has the reach and capacity to serve clients throughout our region.

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