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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.

2007-08

Mark Mitchell v. HHS: (NAPE) Mark Mitchell filed a grievance after his flexible schedule was rescinded.  The Respondent claimed that the Appellant had abused the flexibility of his 7:00am-4:00pm schedule by arriving late on multiple occasions.  The parties agreed to designate Terri Weeks as Arbitrator and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract. 

The Arbitrator found that the appellant was late on the occasions alleged and the Respondent acted reasonably in ending his flex schedule.  The Arbitrator also found that the Respondent did violate Section 7.2 of the contract in that they did not give the Appellant 10 days written notice regarding this change, but since the Appellant did not grieve that particular violation at the time he filed his grievance, that issue was moot.

Sheila Hrnchir v. HHS: (NAPE) Sheila Hrnchir filed a grievance after she was terminated from her employment.  The Respondent claimed that the Appellant did not follow a court order in a juvenile case and struggled with her job duties during her original probationary period.  The Respondent placed her on permanent status, providing counseling and increased supervision. The parties agreed to designate Hugh Perry as Arbitrator and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the Appellant’s discharge was not for just cause insofar that the agency did not follow progressive discipline.  The Arbitrator ruled that the Appellant be reinstated, placed on a 30 day suspension (effective on her termination date), followed by a 6 month probationary period.

Doug Jansen v. DCS(NAPE) Doug Jansen filed a grievance after he was terminated from his employment.  The Respondent alleged that the Appellant yelled, swore and made belittling remarks to inmates and coworkers .  The parties agreed to designate Samuel Van Pelt as Arbitrator and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and the State of Nebraska Labor Contract.

The Arbitrator found that according to Section 10.9 of the contract, any behavior upon which a disciplinary action is based must occur within one year of the discipline commencing.  The Arbitrator found that the agency did not prove by a preponderance of the evidence that the alleged violations took place within the timeframes established in the contract and that the Appellant should be returned to his previous employment.

Paul Marquez v. HHS(NAPE) Paul Marquez filed a grievance after he was terminated from his employment.  The Respondent alleged that the Appellant had a Playboy magazine on his desk and was making inappropriate remarks to his coworkers and behaved unprofessionally on many occasions.  The parties agreed to designate Melanie Whittamore-Mantzios as Arbitrator and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the Appellant’s Playboy was not an issue in this matter as the magazine was hidden and not in public; therefore it did not violate any provisions of the contract.  The Arbitrator found that the Appellant’s behavior was in violation of the contract and that this behavior did create a hostile work environment and he did fail to maintain professional working relationships.  The decision to terminate the Appellant’s employment was affirmed and deemed an appropriate discipline.

Sherry Anderson v. HHS(NAPE) Sherry Anderson filed a grievance after she was terminated from her employment.  The Respondent alleged that her refusal to submit to a for-cause drug test and leaving the premises was in direct violation of policy.  The parties agreed to designate Hugh Perry as Arbitrator and a hearing was held in accordance with the 2007-2009 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Appellant did violate HHS policy and the contract by refusing to take the test, ignoring a directive by her supervisor, and leaving the premises.  The Arbitrator found that the agency had just cause in terminating her employment.

Stan Loadholt v. DCS(NAPE) Stan Loadholt filed a grievance after he was terminated from his employment.  The Respondent alleged that the Appellant had a disagreement with a coworker and then punched him.  The parties agreed to designate Samuel Van Pelt as Arbitrator and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the Appellant did strike a fellow coworker in front of inmates and other workers; that combined with the Appellant’s previous disciplinary history, the termination was warranted.  The Appellant’s grievance was dismissed.

David Miller v. DED(NAPE) David Miller filed a grievance after he was terminated from his employment.  The Respondent alleged that the Appellant had missed a lot of work and many of the days he was gone, he was gone without authorization, which resulted in job abandonment. The parties agreed to designate Bill Morris as Arbitrator in this matter and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that progressive discipline does not apply in this case, as the Appellant did abandon his job and was unable to prove any effort on his part to obtain approved leave.  The dismissal of the Appellant from employment was done in accordance with the contract and the Appellant’s grievance was dismissed.