WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 5679 FISCAL
NOTE
By Delegates Sheedy, Stephens, and DeVault [Introduced February 13, 2024; Referred to the Committee on Technology and Infrastructure then Finance]
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1 A BILL to amend and reenact §5F-2-8 of the Code of West Virginia, 1931, as amended relating to
2 compensation and classification of certain employees of the Division of Highways.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-8. Special merit-based personnel system for Department of Transportation employees.
1 (a) In order to attract and retain employees in the Department of Transportation, the
2 Secretary of Transportation shall establish a system of personnel administration based on merit
3 principles and scientific methods governing the appointment, promotion, transfer, layoff, removal,
4 discipline, classification, compensation, and welfare of its employees, and other incidents of state
5 employment. All appointments and promotions to positions shall be made solely on the basis of
6 merit and fitness for the position.
7 (b) The Department of Transportation personnel system shall be founded on effective
8 performance management principles that set clear goals, provide efficient and effective services
9 for our citizens, and appraise and reward employees for being responsible and performing as
10 required.
11 (c) Beginning on January 1, 2022, notwithstanding any provision of this code or any rule to
12 the contrary, employees and positions within the various agencies, boards, commissions, and
13 divisions within the Department of Transportation currently governed by the provisions of §29-6-1
14 et seq. of this code shall be subject to the personnel system created pursuant to this section:
15 Provided, That such employees and positions shall be deemed to retain their classified or
16 classified-exempt status and all rights and privileges thereof. The employees of the Department of
17 Transportation shall be afforded due process protections through §6C-2-1 et seq. of this code or
18 other procedures established by the department that assure all of the protections required by law.
19 (d) The Department of Transportation personnel system is not exempt from the provisions
20 of this code prohibiting nepotism, favoritism, discrimination, or unethical practices related to the
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21 employment process.
22 (e) The Department of Transportation personnel system may not be applied in any manner
23 that would disqualify the department or its agencies, boards, commissions, or divisions for
24 eligibility for any federal funding or assistance.
25 (f) The Division of Personnel shall, upon request of the Secretary of Transportation, take
26 any action necessary to assist the Department of Transportation in completing the transition to the
27 department’s personnel system in an orderly and efficient manner.
28 (g) The Secretary of Transportation may propose rules for legislative approval in
29 accordance with the provisions of §29A-3-1 et seq. of this code and may promulgate emergency
30 rules pursuant to the provisions of §29A-3-15 of this code to implement the provisions of this
31 section.
32 (h) Notwithstanding any provision of this code to the contrary, the Department of
33 Transportation personnel system shall require that any probationary employee of the Department
34 of Transportation who is terminated for failing a drug or alcohol screen or refusing a drug or alcohol
35 screen shall not be entitled to severance pay.
36 (i)(1) Notwithstanding any provision of this code to the contrary, the Department of
37 Transportation personnel system shall adopt and apply the following classifications and rates of
38 pay applicable to the employment positions listed below and which shall supersede the current
39 classifications and rates of pay applicable to the employment positions listed below:
40 (A) Highway laborer which would cover flagging duties and all manual labor activities, to
41 include patch rollers under 5 Ton, and mowing tractors shall be paid the base rate of pay paid for
42 the same job classification in private industry. A highway laborer is not required to hold a
43 commercial driver's license but if they do and operate a vehicle requiring a commercial driver's
44 license shall be paid the "Teamster" base rate of pay;
45 (B) Teamster which would cover all single axle and tandem trucks and all other equipment
46 requiring a commercial driver's license shall be paid the Teamster base rate of pay.
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47 (C) Equipment Operator which would cover all equipment to include; end loaders, rollers,
48 and compactors greater than 5 Ton, road graders, backhoes, excavators, machine brush cutters,
49 ditching equipment, and cranes plus any other specialized equipment. Laborers, Teamsters, and
50 Equipment Operators shall be paid the base rate of pay paid for the same job classification in
51 private industry and shall be classified into three distinct wage categories that are to be
52 determined by certifications held and training acquired. Division of Highway storekeepers and
53 office assistants shall be reclassified as such. Storekeepers are to be classed as Division of
54 Highways storekeeper and county office assistants shall be classified as Division of Highways
55 office manager. This will provide much more appropriate job classification for Department of
56 Highways specific jobs to allow for more properly aligned wages and compensation.
57 (2) As used in this section, "Teamster base rate of pay" means the same base rate of pay
58 that members of the International Brotherhood of Teamsters are entitled to for the same or
59 substantially similar job positions.
60 (j) Notwithstanding any provision of this code to the contrary, Division of Highway
61 employees shall be granted a $200 per month increase of wages annually for each year of
62 completed service.
NOTE: The purpose of this bill is to modify the compensation and classification of certain employees of the Division of Highways.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 5F-2-8