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.

2005-06

Stephen Gideon v. Department of Roads: (NAPE) Stephen Gideon filed a grievance when the Department of Roads issued discipline in the form of termination.  The parties mutually agreed to have John Glynn serve as Arbitrator, and a hearing was held in accordance with the provisions of the 2003-2005 NAPE/AFSCME and State of Nebraska Labor Contract .  The Respondent alleged it had just cause to issue the termination due to the insubordination of the Appellant in failing to follow the directions and orders of his immediate supervisor.

The Arbitrator found that the evidence indicated that the agency had good cause and acted in good faith in the termination of the Appellant.  The evidence showed that the Appellant received progressive discipline in the form of a written warning, and a 5-day suspension and 6 months disciplinary probation for similar acts, prior to being terminated. The Arbitrator found that the agency acted in good faith, applied progressive discipline, and that the termination was just and proper, and the appeal was dismissed.

John Funkhouser v. Department of Correctional Services: (NAPE) John Funkhouser filed a grievance when the Department of Correctional Services did not pay him overtime during his annual weapons training.  The parties mutually agreed to have Samuel Van Pelt serve as Arbitrator, and a hearing was held in accordance with the provisions of the 2003-2005 NAPE/AFSCME and State of Nebraska Labor Contract .  The Appellant alleged that he was not paid overtime for a 30-minute lunch period, during which time he was restricted to the training facility.

The Arbitrator found that the Appellant, like all other department employees, is required to take weapons training at a facility other than the normal worksite.  While at that training, each employee receives an unpaid 30-minute lunch break during which time they are not allowed to leave the facility, but it is clear that the Appellant did not work during that period.  The decision of the Arbitrator was that since the Appellant was not in a work status during his lunch break, he was not to be awarded back pay, lost benefits or any other compensation, and the appeal was dismissed.

Del Scott v. Department of Correctional Services  (NAPE)  Del Scott filed a grievance after he was discharged by the Department of Correctional Services (DCS).  The parties agreed to designate Samuel Van Pelt as Arbitrator, and a hearing was held in accordance with the 2005-2007 NAPE/AFSCME and State of Nebraska Labor Contract.  The Appellant was terminated for allegedly being in an inattentive state while at his post.  The Appellant claimed that his medical problems caused his inability to stay awake and that the discipline of termination was too harsh.

The Arbitrator found that the decision of DCS to terminate the Appellant’s employment was made without just cause and should be vacated and set aside.  All evidence of such discipline and termination should be purged from the Appellant’s file and the case was returned to DCS for appropriate discipline. 

Kenneth Lofton v. Department of Health and Human Services  (NAPE)  Kenneth Lofton filed a grievance after the Department of Health and Human Services terminated his employment.  The parties agreed to assign Hugh Perry as Arbitrator, and a hearing was held in accordance with the 2005-2007 NAPE/AFSCME and State Nebraska Labor Contract.  The Respondent alleged that the Appellant was in possession of confiscated, inappropriate photos and did not turn them into a patient’s counselor; instead he kept them in his possession.  It was also alleged that the Appellant had made inappropriate, sexual comments in front of a patient.  The Appellant denied these claims and claimed that progressive discipline was not applied.

The Arbitrator found that the Appellant’s previous discipline, combined with the recent events, warranted termination and that the grievance be denied. 

Warren Groves, et. al. v. Department of Roads  (NAPE)  Warren Groves, Robert Drake, Rick Springer, and Brock Swedburg filed this grievance after the Department of Roads removed them from their assigned work positions and had them transferred.  The parties mutually agreed to designate John P. Glynn, Jr. as Arbitrator, and the hearing was held in accordance with the 2005-2007 NAPE/AFSCME Local 61, and State of Nebraska Labor Contract.  The Respondent filed a Motion to Dismiss claiming that the appeal was not timely filed.  The Appellants claimed that it was filed within the guidelines of the Labor Contract.

The Arbitrator found that the evidence presented proved that the grievance was not timely filed at the first step and that the appeal should be dismissed.