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.

2008-09

JoLynne Newsham v. Game and Parks Commission (NAPE) JoLynne Newsham filed a grievance after she was notified by her supervisor that she would be required to use compensatory time for her recent vacation leave request.  Ms. Newsham stated in her grievance that the use of comp time was always voluntary in the past, and that she has never been required to use comp time instead of vacation time.  The Respondent claimed that the agency has asked employees to use comp time in order to avoid a large cash payment at the end of the year, and that employees have always complied.  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 previous case law supports that there is nothing that prohibits the agency from requiring employees to utilize their compensatory time; nor is there anything in the NAPE/AFSCME Labor Contract, that “expressly or implicitly prohibits” the agency from doing so.

Vicki Vosler v. Game and Parks Commission (NAPE) Vicki Vosler filed a grievance after she was notified by her supervisor that she would be required to use compensatory time during the current pay period.  Ms. Vosler stated in her grievance that the agency does not have the authority to reduce her comp time balance and that under the Labor Contract she could use it, or receive a cash payout at the end of the year.  The Respondent claimed that the agency has asked employees to use comp time in order to avoid a cash payment at the end of the year, and that employees have always complied.  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 NAPE/AFSCME Labor Contract does not preclude the Respondent from making this request and that case law also supports the practice. 

Rodney Welch v. DCS #1 & #2 (NAPE) Rodney Welch filed two grievances after he received a three-day suspension without pay and a six-month disciplinary probation.  The Respondent claimed that the Appellant did not properly inventory and stock ammunition in the watch towers. It was also alleged that the Appellant did not keep proper inventory of keys, locks and other security items, which were found behind a cabinet in the armory.  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 three-day suspension without pay and the six-month disciplinary probation were warranted and should be ratified and affirmed.  Both grievances were dismissed.

Zbigniew (ZJ) Jesionowicz v. HHS (NAPE) ZJ Jesionowicz filed a grievance after he was terminated from his employment.  The Respondent claimed that the Appellant continued to be a poor performer in the workplace, and did not complete required tasks, even after several attempts to support and educate him in his duties.  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 termination was proper and supported by the evidence; citing the nature and severity of the infraction, the history of discipline and the Appellant’s unwillingness to improve.

Marilyn Vencill v. HHS (NAPE) Marilyn Vencill filed a grievance after she was terminated from her employment.  The Respondent claimed that the Appellant had removed confidential materials from a file and mailed them to an outside party, and gave the social security numbers of clients to third parties over the phone.  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 when making its decision, the agency considered the nature and severity of the infraction, along with the history of discipline and performance contained in the Appellant’s personnel file and determined that termination was the appropriate discipline.  She further ruled that the evidence supported the finding of the department and denied the grievance.