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.

2009-10

Jolynn Durbin v. Nebraska Department of Roads (NAPE) Jolynn Durbin filed a grievance after she was terminated from her employment.  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 Respondent claimed that the Appellant violated the rules of her job when she removed confidential materials from a file cabinet that related to her co-workers and herself.

The Arbitrator found that the behaviors of the Appellant did in fact violate the Labor Contract, and that the Respondent proved by a preponderance of the evidence that termination was appropriate, and was imposed in good faith and for just cause, and should stand as imposed.

Barbra McGill v. Nebraska Department of Health and Human Services (NAPE) Barbra McGill filed a grievance after she was terminated from her employment.  The parties agreed to designate Jim Titus as Arbitrator and a hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract.  The Respondent alleged that the Appellant placed a child in danger after being directed to recommend that the court place the child in the State’s custody; she failed to do so. 

The Arbitrator found that the Appellant did commit the acts alleged and affirmed the Department’s action of termination.

Dave Schroeder v. Nebraska Department of Labor #1 & #2 (NAPE) Dave Schroeder filed grievances after he was placed on disciplinary probation and eventually terminated from his employment.  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 Respondent claimed that the Appellant was incompetent in his job duties and demonstrated conduct that adversely affected the employee’s and department’s functions.

The Arbitrator found that after several attempts made by both parties, the Appellant’s performance did not improve and that the Department had just cause to place the employee on probation and eventually terminate his employment.

Keith Powers v. Nebraska Department of Health and Human Services (NAPE) Keith Powers filed a grievance after he was terminated from his employment.  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 Respondent alleged that the Appellant did not follow the chain of command, and did not follow directives with respect to proper case handling.

The Arbitrator found that the Department was justified in requiring current and accurate case files and that due to the Appellant’s inability or unwillingness to comply, the clients were placed at a disservice.  The Respondent was justified in terminating the Appellant’s employment.

Jim Celer v. Nebraska Department of Health and Human Services (NAPE) Jim Celer filed a grievance after the agency had implemented a new sick leave/tardiness policy claiming that it violated the contract and requested that the policy be rescinded and all affected employees be made whole.  The Respondent filed a Motion to Dismiss alleging that the grievance filed did not show that the Appellant was affected by the new policy and that the relief requested was not within the authority of an arbitrator.  The parties agreed to designate Terri Weeks as Arbitrator and a telephonic hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the employee made no showing that the policy had been applied to him or any other similarly situated employee. She also found that she does not have the authority to grant the requested relief and that her opinion regarding the new policy would only be advisory in nature.  The Motion to Dismiss was granted.

Cory Simmons v. Nebraska State Patrol #1 & #2 (NAPE) Cory Simmons filed two grievances after he was not selected for an Information Technology Support Analyst position that was posted and then re-posted within the department.  The parties agreed to designate Jim Titus as Arbitrator and a hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract.  The Respondent alleged that the Appellant did not receive the top score during the first round of interviews and that he had performance issues documented in his file from October 2007.  After re-posting, the Appellant was not re-interviewed, but his score was carried over.

The Arbitrator affirmed the decision to not select Mr. Simmons at the first posting of the position.  However, he found that when the position was re-posted, the Appellant should have been reconsidered, therefore ordering that the State Patrol re-open the interview and selection process for this position.   

Harry Dingman v. Nebraska Department of Environmental Quality (NAPE) Harry Dingman filed a grievance after he was terminated from his employment.  The Respondent claimed that the Appellant was terminated due to poor work performance.  The parties agreed to designate C. Thomas White as Arbitrator, and a hearing was held in accordance with the 2009-2011 State of Nebraska and NAPE/AFSCME Labor Contract. 

The Arbitrator found that the relative minor mistakes of the Appellant did not merit terminating his employment. The Arbitrator ordered that the Appellant be reinstated to his previous position and be awarded back pay.

Brian Lassalle, et. al. v. Nebraska Department of Health and Human Services (NAPE) Brian Lassalle and 105 of his coworkers, filed a grievance after several coworkers were reclassified and changes regarding the assignment of voluntary overtime were made.  The Respondent denied the grievance at Step 1 and 2, stating that it was filed untimely.  The parties agreed to designate Hugh Perry as Arbitrator, and a hearing was held in order to determine whether or not the grievance was filed timely, in accordance with the 2009-2011 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent made a reasonable and succinct e-mail communication notifying the employees of the changes and that the grievance was not filed in a timely manner. The grievance was dismissed.