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.

2010-11

Robert Kostszewa v. Nebraska Department of Correctional Services (NAPE) Robert Kostszewa filed a grievance after he was terminated from his employment.  The Respondent claimed that the Appellant had quit his job and no discipline had taken place. The Appellant claimed that he said he “should just quit” while sharing frustration regarding a disciplinary investigation.  The parties agreed to designate Hugh Perry as Arbitrator, and a hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract. 

The Arbitrator found that the Appellant did not quit his job, and that the Respondent took this verbal exchange as a voluntary resignation; therefore wrongfully terminating the Appellant. The Arbitrator ordered that the employee be returned to his original position or one mutually agreeable to the parties and that the Appellant be made whole through back wages, loss of benefits and seniority.

Lori Scott v. Nebraska Department of Roads #1 (NAPE) Lori Scott filed a grievance after she was disciplined with a six months disciplinary probation.  The Respondent alleges that the Appellant was being insubordinate, showed a failure to maintain appropriate work relationships, and a failure to adhere to a work expectations memo that was given to all employees in her work area.  The Appellant claims that she was unfairly disciplined under the labor contract.  The parties agreed to designate William Morris as Arbitrator, and a hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the Appellant violated the terms of the work expectations memo, sections of the labor contract and that the discipline imposed by the agency was appropriate and followed the principles of progressive discipline.  The grievance was dismissed.

Jeremy Runge v. Nebraska Department of Correctional Services (NAPE) Jeremy Runge filed a grievance after he was discharged from his employment.  The Respondent claims that the Appellant used excessive force on an inmate.  The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract. 

The Arbitrator found that the Respondent excessively punished the Appellant based upon a perception of his attitude, and that the Appellant should be reinstated with back pay to his former position of employment, subject to a three-day suspension.

Lori Scott v. Nebraska Department of Roads, Appeal #2 (NAPE) Lori Scott filed a grievance after she was terminated form her employment.  The Respondent alleges that the Appellant left her worksite without permission and without notifying someone in her chain of command.  The Appellant claims that she was ill and did not believe that she violated agency policy.  The parties agreed to designate Hugh Perry as Arbitrator, and a hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the Appellant violated agency policy and the discipline imposed by the agency was appropriate and followed the principles of progressive discipline.  The grievance was denied.

Bergenske, Perez, and Waldschmidt v. Nebraska Department of Roads (NAPE) Kim Bergenske, Victor Perez, and Dave Waldschmidt filed grievances after they were terminated from employment.  The Respondent alleges that the Appellants created a hostile work environment by engaging in sexual and workplace harassment.  The Appellants claimed that their conduct is common at their place of employment, that they are being singled out because of their Union affiliation, and that progressive discipline was not imposed.  The parties agreed to designate Hugh Perry as Arbitrator, and a hearing was held in accordance with the 2009-2011 NAPE/AFSCME and State of Nebraska Labor Contract.

The Arbitrator found that the Appellants violated Labor contract provisions and agency policy regarding harassment, and that the discipline imposed by the agency was appropriate.  The grievances were denied.