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.

2014-15

Danny Johnson v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after being denied bereavement leave.  The parties agreed to designate William Morris as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the even though Nebraska law does not recognize same sex marriage, the Director has authority to grant bereavement leave at his discretion for the death of anyone who was like immediate family to the employee.  The application for leave was remanded to the Director for his consideration within the Arbitrator’s findings and conclusions.

Jodie Albers v. Nebraska Department of Correctional Services (NAPE) The Appellant filed a grievance after being notified that she was excluded from both bidding and promotions because she was on modified duty.  The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent did not violate the Labor Contract, which states that Employees assigned to temporary duty may not exercise seniority rights for shift assignments or days off.  The grievance was dismissed.

Michael Towery v. Nebraska Department of Correctional Services (NAPE) The Appellant filed a grievance after being disciplined in the form of a demotion for leaving an inmate unattended.  The parties agreed to designate Melanie Whittamore-Mantzios as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent proved by a preponderance of the evidence that there was sufficient grounds for disciplinary action as a result of the inmate being left unattended.  The grievance was dismissed.

Ryan Siebrass v. Nebraska Department of Correctional Services (NAPE) The Appellant filed a grievance after a voluntary overtime scheduling announcement was made by the Respondent.  The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that any change in the policy had not caused actual injury to an employee and that the Respondent did not violate any provision of the labor contract.  The grievance was dismissed.

Lynnsey Hansen v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after being terminated, which was based upon allegations of over sharing personal information with patients and for making aggressive statements toward a co-worker.  The parties agreed to designate Jim Titus as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Appellant committed the allegations and that the combination of the two contract violations gave the Respondent just cause for terminating the Appellant.  The grievance was dismissed.

Randall Becker v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after being terminated, which was based upon an allegation of using profane, offensive and/or vulgar language in speaking to or about a coworker.  The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent was unable to conclusively establish that the alleged speech was directed toward a particular individual or involved a verbal exchange and that the discipline in the form of termination was excessive.  The Arbitrator ordered that the grievance be upheld and that the termination be reversed and that the Appellant be awarded back pay.  Because the alleged speech used was inappropriate, the discipline was remanded back to the Respondent to impose discipline not to exceed a 30 workday suspension.

Robin Caniglia v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after she was terminated for her inability to perform necessary job functions of a Staff Care Specialist due to an injury sustained while working at the Eastern Nebraska Veterans Home.  The parties agreed to designate William Morris as Arbitrator, and a hearing was held in accordance with the 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent accommodated the Appellant for a reasonable amount of time, fulfilled its responsibility to attempt to provide further employment to the Appellant, and did not violate any sections of the Labor Contract.  The appeal was dismissed.