Grievances

How to File a Grievance

The West Virginia Department of Transportation (WVDOT) maintains a clear and structured grievance procedure to ensure all employees have a formal avenue to resolve workplace issues. This process is governed by state law and the West Virginia Public Employees Grievance Board. Please be advised of recent updates: DOT grievances should no longer be sent to the Division of Personnel (DOP); they must be directed to the updated addresses below.

Essential Filing Information and Resources

Before initiating a grievance, employees should review the governing procedures to ensure all timelines and submission methods are followed correctly. Failure to adhere to these rules can result in a grievance being dismissed on procedural grounds.

Grievance Form: To be used for all levels of the procedure.
WVDOT Administrative Operating Procedures (Vol III, Ch 5)
West Virginia Public Employees Grievance Board
DOH Grievance Filing Information
Grievance Summary (2023)

Key Rules and Definitions

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.

The Three-Level Grievance Procedure

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.

Submission and Contact Information

To initiate a grievance, submit your completed forms to the specific email address assigned to your agency:

Division of Highways (DOH):DOHGrievances@wv.gov
Division of Motor Vehicles (DMV):DMVGrievances@wv.gov

Grievance Administrator Contact

Sandra Castillo
Level One Grievance Administrator
West Virginia Department of Transportation
1900 Kanawha Blvd E. Bldg 5, Room 637
Charleston, WV 25305
Email:Sandra.J.Castillo@wv.gov
Telephone: 304-399-1455