Administrative Services

EMPLOYEE RELATIONS

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Arbitration Decision Summary

The following Arbitration Decisions regarding employee grievances have been summarized for informational use only. Please be advised that none of the decisions in any of these cases are precedent setting.

2002-03

John Funkhouser v. Department of Correctional Services #1. (NAPE - 12) John Funkhouser filed a grievance when the Department of Correctional Services refused to pay 15 minutes of overtime when he was not allowed to leave the firing range for lunch during training. The parties mutually agreed to have Sharon Imes serve as Arbitrator in this matter. The Appellant claimed to be entitled to 15 minutes of overtime when he was not allowed to leave the range for lunch.  The Agency argued that the employees were given a lunch break and since the employees were transported to the range and were on free time when not actually on the range, the employees  could not leave the facility.

The Arbitrator found that the Respondent provided a paid meal period while the employees were undergoing training and employees were only at the range for an eight-hour period, leaving the range 30-minutes prior to normal quitting time.  The Arbitrator ordered the grievance denied and dismissed.

Louis Solnosky v. Department of Banking and Finance. (NAPE - 10.1) Louis Solnosky filed a grievance when he was disciplined by the Department of Banking and Finance for submitting false documentation improperly claiming mileage reimbursement that he was not entitled to receive. The parties mutually agreed to have Paul Caffera serve as Arbitrator in this matter. The Appellant claimed the discipline was excessive when he was ordered to use only a state car and that his home office would be in Lincoln, although he resided in Omaha.  The Respondent discovered a minor reimbursement discrepancy, but after an extensive investigation, found the Appellant had filed over $326 worth of false claims.

The Arbitrator found that since the Respondent no longer maintained the Appellant's full trust, the transfer back to Lincoln and the use of a State car reduced the temptation to cheat the Department.  The Arbitrator found no violations of the labor contract and that given the circumstances, the Respondent's actions were just a prudent management decision.   The Arbitrator ordered the grievance denied and dismissed.

Randy Bradley v. Department of Correctional Services. (NAPE - 12) Randy Bradley filed a grievance when the Department of Correctional Services refused to pay overtime or travel time when he returned to the facility to pickup a new uniform . The parties mutually agreed to have Christine Ver Ploeg serve as Arbitrator in this matter. The Appellant claimed he was entitled to overtime pay and travel time when he returned to the facility on his day off to pick up a new uniform, while the Respondent alleged that the employees were given several days in which the shirts could be picked up, and the Appellant chose his day off.

The Arbitrator found the Respondent provided several opportunities  for each employee to sign up for a time to pick up the new shirts.  When the Appellant was told the shirts must be picked up, he chose his day off, but did not relay it was his day off, to his supervisor.  The Arbitrator ruled that there was no jurisdiction to award the Appellant reimbursement, and the grievance was denied and dismissed.

John Funkhouser v. Department of Correctional Services. (NAPE - 10) John Funkhouser filed a grievance when the Department of Correctional Services issued discipline in the form of a written warning when he failed to follow a direct order. The parties mutually agreed to have Hugh Perry serve as Arbitrator in this matter. The Appellant was ordered to work mandatory overtime and refused to work. The Respondent claimed that it followed its contractual obligations as to assigning mandatory overtime and that when no volunteers were found, the order was given to the Appellant.

The Arbitrator found the Respondent did comply with all of the correct procedures in filling vacant posts, and the long-standing principle of "obey now and grieve later" should have been followed by the Appellant.   The Arbitrator also found that the discipline was consistent with that dispensed to the other employees who similarly refused an order and the grievance was denied and dismissed.

Glenda Wimes v. Department of Roads. (NAPE - 10) Glenda Wimes filed a grievance when the Department of Roads issued discipline in the form of termination for continued poor work performance. The parties mutually agreed to have John P. Glynn, Jr. serve as Arbitrator in this matter.  The Respondent claimed that the Appellant was not able to fulfill the duties of her new position, and was first placed on disciplinary probation for poor work performance, and then terminated.

The Arbitrator found the Respondent's action in terminating the Appellant was based on the facts of her work performance, was not done in violation of the labor contract, and was clearly justified.  The Arbitrator also found that even while on disciplinary probation, the work performance did not improve to the standards of the expectations of the job classification, including corrections of errors discovered prior to her probation.  The Arbitrator denied and dismissed the grievance.