W. Va. Code R. § 143-7-5 - Order of Transfer

5.1. After the department secretary has determined the number of positions by job class to be consolidated or eliminated, and the Board has approved the organizational unit to which the consolidation or elimination will apply, and the Director has approved the proposed plan for the consolidation and elimination of positions and the transfer of employees, the order of transfer shall be applied in the following manner.

a. The department secretary shall first transfer affected employees voluntarily agreeing in writing to be transferred. In all cases employees in the affected job class shall be offered the opportunity to voluntarily transfer in order of most tenure as a permanent employee of a state agency or in the classified service.

b. If sufficient permanent employees in the affected job class in the approved organizational unit do not volunteer to be transferred, the department secretary may order an involuntary transfer. Selection of permanent employees for an involuntary transfer shall be from the affected job class in the approved organizational unit and in order of tenure as a permanent employee of a state agency or in the classified service consistent with statutory provisions regarding the receipt or withdrawal of a benefit. In all cases, employees will be retained in State employment, including employment in another department resulting from a voluntary or involuntary transfer, based on most tenure as a permanent employee of a state agency or in the classified service. An involuntary transfer may be rejected in writing by an employee if the involuntary transfer would require the employee to travel thirty miles or more, one way, than the distance, by customary route, the employee currently travels to his or her current job site.

5.2. Tenure credit does not accrue for periods during which terminal annual leave is paid or for periods during which an employee is not paid a wage or salary, except for military leave, educational leave, or periods during which the employee is paid temporary total disability benefits under the provisions of W. Va. Code § 23-4-1 for a personal injury received in the course of and resulting from covered employment as a permanent employee of a state agency or in the classified service, or unless otherwise provided by State or Federal statute.

5.3. In the event of a tie based on tenure, the department secretary or his or her representative and those employees who are tied shall agree on a means of breaking the tie and shall notify the Director in writing of the agreement and the results.

Notes

W. Va. Code R. § 143-7-5