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.

2015-16

Ray Kelly v. Nebraska Department of Health and Human Services Appeal #1 (NAPE) The Appellant filed a grievance after receiving a phone call from her supervisor when she was at a doctor appointment.  The Appellant felt that the call was disruptive, and that her supervisor had an angry and accusatory tone.  The parties agreed to designate Terri Weeks as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent did violate the contract in that the testimony supported that the Appellant was not treated with respect and dignity during the phone call.  The Arbitrator also found that effort must be made by both parties to improve their working relationship and that they should attend mediation to work out details on work procedures and to improve daily communication.  The grievance was upheld.

Thomas Neville v. Nebraska Department of Correctional Services (NAPE) The Appellant filed a grievance after voluntary overtime was granted to a less senior employee.  The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the contract allows for other considerations other than seniority when assigning voluntary overtime.  The Arbitrator found that the Respondent did not violate the Labor Contract and the grievance was dismissed.

Dottie Meyers-Zirnig v. Nebraska Department of Health and Human Services Appeals #1 & #2 (NAPE) The Appellant filed two grievances after being involuntarily temporarily reassigned to another unit even though she had more seniority than others working in her unit that were not transferred. The parties agreed to designate Melanie Whittamore-Mantzios as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the “Staffing-Primary Care (Consistent) Assignments” Protocol does not violate the Labor Contract, and that since the Appellant was staffed as a Secondary Caregiver position on the days she was reassigned, the reassignment did not violate the Labor Contract. The grievances were dismissed.

Donita Weyer v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after not being offered a position that she applied for.  The parties agreed to designate Jim Titus as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that Appellant failed to establish her grievance that the Agency had violated Sections 9.1, 1.6 and Article 3 by the preponderance of the evidence and the grievance was dismissed.

 

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