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WV Department of Transportation

Grievances

​How to File a Grievance

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Please note the following:

  • This form is to be used for all levels of the grievance procedure. 
  • Grievance forms may not be filed by interdepartmental mail. See the Grievance Board’s Procedural Rule § 156-1-2.1.4. 
  • “Days” means working days. See W. Va. Code § 6C-2-2(c). 
  • The Docket Number will be assigned by the Grievance Board. 
  • An employee may proceed directly to Level Three only under circumstances listed in the Code: 
  • W. Va. Code § 6C-2-4(a)(4): An employee may proceed directly to level three upon the agreement of the parties or when the grievant has been discharged, suspended without pay or demoted or reclassified resulting in a loss of compensation or benefits. Level one and level two proceedings are waived in these matters.
  • If all parties agree to proceed directly to level three, a statement verifying this fact, signed by all parties, must be submitted with the Grievance Form. 

Send all Grievances to:

List of Procedures after Grievance is filed:

Level One – W.Va. Code § 6C-2-4(a)

  • Grievances must be filed within 15 days of the grievable event. 
  • Send a copy to the Chief Administrator of your agency; and a copy to the Public Employees Grievance Board, 1705 5th Avenue, Suite 2, Charleston, WV 25387. 
  • State employees must also send a copy to the Director of the Division of Personnel, Building 3, Suite 500, State Capitol Complex, Charleston, West Virginia 25305. 
  • A hearing will be recorded; a conference will not be recorded. 

Level Two – W.Va. Code § 6C-2-4(b)

  • Grievant may appeal a Level One decision within 10 days of receiving an adverse written decision. 
  • Send a copy to the Chief Administrator of your agency; and a copy to the Public Employees Grievance Board, 1705 5th Avenue, Suite 2, Charleston, WV 25387. 
  • State employees must also send a copy to the Director of the Division of Personnel, Building 3, Suite 500, State Capitol Complex, Charleston, West Virginia 25305. 
  • The grievant may choose mediation by a Board administrative law judge; private mediation; or private arbitration. Grievant must select one of the three options. 
  • Mediation by a Board administrative law judge is free. 
  • If private mediation or private arbitration is selected, a Mediation Agreement Form must be filed with the Grievance Form. 

Level Three – W. Va. Code § 6C-2-4(c)

  • Grievant may file a written appeal within 10 days of receiving a written report stating that the Level Two mediation was unsuccessful. 
  • Send a copy to the Chief Administrator of your agency; and a copy to the Public Employees Grievance Board, 1705 5th Avenue, Suite 2, Charleston, WV 25387. 
  • State employees must also send a copy to the Director of the Division of Personnel, Building 3, Suite 500, State Capitol Complex, Charleston, West Virginia 25305. 

Contact:

Sandra Castillo
West Virginia Department of Transportation
Division of Highways
Level One Grievance Administrator
1900 Kanawha Blvd E. Bldg 5
Room A-137
Charleston, WV 25305
Email: Sandra.J.Castillo@wv.gov
Telephone: 304-558-9357