Administrative Services

EMPLOYEE RELATIONS

LINK website

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.

2017-18

John Eilers v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after he was informed that he could not use leave hours to exceed his FTE.  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 not violate the contract when it denied leave that would total more than the employee FTE.  The grievance was denied.


Cipriana Robles v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after being terminated, which was based upon two allegations of poor work performance.  The first allegation was regarding the Appellant’s failure to respond promptly to inquiries.  The second allegation was regarding the Appellant’s consistent failure to complete work in a timely manner.  The parties agreed to designate Jeanelle Lust as Arbitrator, and a hearing was held in accordance with the 2017-2019 State of Nebraska and NAPE/AFSCME Labor Contract.


The Arbitrator found that the Respondent proved that the Appellant violated the Labor Contract on these two allegations, and that the Respondent had just cause for disciplining the Appellant.  The Arbitrator also found that the discipline of termination was progressive in nature.  The grievance was dismissed.

Lucy Flores v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after being terminated, which was based upon an allegation of poor work performance.  The allegation was regarding the Appellant’s failure to achieve proficiency in her assigned duties, despite numerous interventions.  The parties agreed to designate Jeanelle Lust as Arbitrator, and a hearing was held in accordance with the 2017-2019 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that the Respondent proved that the Appellant violated the Labor Contract on the allegation, and that the Respondent had just cause for disciplining the Appellant.  The Arbitrator also found that the discipline of termination was progressive in nature.  The grievance was dismissed.

Rita Richards v. Nebraska Department of Administrative Services (NAPE) Richards filed a grievance after being terminated, which was based upon allegations of unprofessional workplace behavior. The parties agreed to designate Hugh Perry as Arbitrator, and a hearing was held in accordance with the 2017-2019 State of Nebraska and NAPE/AFSCME Labor Contract.

The Arbitrator found that Ms. Richards repeatedly made unfounded allegations concerning her coworkers and created a toxic work environment. Considering the nature and extent of her unacceptable workplace behavior, the Employer was not required to engage in progressive discipline, and the termination was warranted. The grievance was dismissed.