Administrative Services

EMPLOYEE RELATIONS

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NAPE/AFSCME Contract Interpretations:

Sections 10.1 through 12.12

(Updated 1/10/2012)
Contract Article
Topic
Date
Question
Answer
10.1 Termination Pay 7/13/1998 If an employee is terminated 16 days prior to the regular pay day, when is the person to receive payment? According to the state statutes, "Whenever an employer, other than a political subdivision, separates an employee from the payroll, the unpaid wages shall become due on the next regular payday, or within two weeks of the date of termination, which ever is sooner."
10.1 Discipline 9/23/1998 Is there a time frame between when the mitigating meeting is held and when discipline is imposed?  Is there a difference if it is a Rules or labor contract-covered employee? There is no limitation as the  amount of time that may elapse between the mitigating meeting and when discipline is imposed.  However, the employee may argue that the agency's non-action indicated that no discipline was to be given.  Legally, the agency may proceed and this would be true for Rules and labor contract covered employees.
10.3 Invest. Suspension 7/1/2005 When an employee is on Invest. Suspension, does it affect their benefits after 10 work days? (Do they have to pay state's share of health insurance.) Yes. The employee pays both the state's and the employee's contribution for the continuation of benefits.
10.3.b Unpaid Investigatory Suspension 7/1/2005 If an employee is on unpaid investigatory suspension and remains on such on July 1, the date of the new contract, does management place employee on paid investigation status? Management should follow the terms of the contract that was in effect when the suspension was enforced.
10.3.b Investigatory Suspension 7/26/2006 Are agencies to reinstate unpaid investigatory suspension time when the discipline is less than suspension or termination? The only time the agency is required to pay for the six days, or less, of unpaid investigatory suspension is when the employee is found not to have committed the violations alleged.  See Section 10.3.b.
10.5 Witnesses - Discipline 5/10/1993 When holding a disciplinary meeting, should management always have a witness present? No, not necessarily. If the disciplinary action is minor, then it may not be appropriate to have a witness. The Personnel Manager/Administrator can act as a witness in most disciplinary meetings.
10.6 Representation 9/12/2001 Is an agency required to allow a union representative to attend the meeting where discipline is imposed upon an employee that the union has been representing? No. Although some agencies do allow it under the theory that it may make the employee more comfortable and the rep may work with the employee to see that the employee complies with the terms of the discipline.
11.8 Promotion 7/1/2009 If a State employee leaves a contract covered position in one agency to take a contract covered position with a higher minimum rate of pay in another agency, is that considered a promotion and processed salary-wise according to 11.8, or is it considered a new hire in the new agency & the employee receives the salary for the hiring rate? If there is no break in service, it is considered a promotion. If a break in service occurs, it is considered a new hire.
11.9 Voluntary transfer 7/1/2009 An employee is to be hired into a classification with a lower minimum rate of pay, but is coming from a position under the "rules" that had a higher minimum rate of pay.  What are the salary options for the agency? The employee shall have his/her salary decreased according to Section 11.9, and the new salary cannot be greater than 5% above the maximum rate of pay of the new classification.
11.9 Demotion 6/21/2016 5th paragraph says, "An employee who is demoted, either voluntarily or as a result of a disciplinary action, to a class from which they were promoted, will be returned to their previous salary, adjusted for any general increases that may have been applied during the time they were in the higher level position."  Is this provision still valid if the employee is moving from one agency to another during the demotion.  Yes. The agency receiving the employee would use this language rather than using the "Demotion Spreadsheet" if the employee is moving to a classification he/she prviously held in another agency. 
11.9 Demotion 7/21/2016 An employee is demoting from a Corrections Sergeant to a Corporal.  The employee promoted from Corporal to Sergeant 10 years ago.  Do we still apply the 5th paragraph of Section 11.9 rather than using the demotion calculation? Yes, as long as the employee has held no other classifications between the classification promoted from and the current one, the 5th paragraph would have to be followed.  Basically, the employee is reverted to the former classification, at the former salary with any annual pay increases that have been granted since then.
11.10 Rehiring State Employees 7/1/2009 Can a former State employee who resigned in March of 2009, be rehired after July 1, 2009, at the same rate that the employee was at previously? Yes.  A former employee may be rehired at a salary that is up to the same percentage into the range as their former classification. 
11.10 Rehiring State Employees 7/13/2017 Can an applicant for a position in Agency X be hired at a salary that is "up to the same percentage into the range as their former classification" if this applicant was previously employed in a different State Agency (Agency Y)? Yes.  The original version of this Section addressed an employee returning to State government.
12 Overtime Meals 5/18/1993 When employees attend a seminar presented by the agency and are required to stay over the noon hour (actually 1.5 hours) during which a meal is provided and a 30 min work related video is shown, is it work time? The 30 min. video is work time. The rest of the time waiting for the next speaker is work time. Only calculate for non-exempt employees.
12 Pay for Training 6/5/1996 When an agency hires an employee from another State agency and asks them to come in prior to starting for training, how is the pay handled? The employee should be paid for the training time, as a temp or part-time employee and the new agency needs to monitor total hours worked in the other agency to avoid overtime.
12 Overtime 12/15/1997 Who is considered the employer when paying overtime, the agency or the State? The State.
12 Overtime (Unauthorized) 1/18/2000 What is the procedure when an employee works unauthorized overtime?  Does the agency have to pay the overtime and can discipline be administered for violating agency rules? The FLSA has priority over the labor contract, and therefore, the overtime must be paid.  Since the employee violated work rules, disciplinary action is appropriate.
12.5 Overtime 4/7/2006 A temporary employee within a State Agency was hired full-time with UNL and the State Agency would like the employee to continue his temporary employment with the State.  Is this possible without placing the employee in an overtime status with the State? Yes.  The State and the University of NE are separate employers, so there would not be an FLSA overtime issue.
12.5 & 12.9 & 14.4 Work on Holiday 5/4/1993 How do you treat an exempt employee who works on a holiday? You can allow them to designate another day as their holiday.
12.5 & 12.9 & 14.4 Work on Holiday 5/4/1993 How do you treat a non-exempt employee working on a holiday? They will receive time and one-half for working on the holiday plus 8 hours of holiday pay. Can be paid out at employees discretion.
12.6 Sick Leave/ Overtime 3/10/1997 An employee was on SL and came in later (6 pm-8 pm) to work overtime. Should they get OT or adjust the SL? Adjust the SL to six hours and pay two hours of straight work time.
12.8 Comp Time 4/21/1995 Employee requested to attend a conference in Lincoln, agency turned him down since he has a considerable amount of Comp time to use. Employee offered to use comp time if the agency would pay for registration. Is this okay? No. If the agency pays for it, it's work time, so employee would have to pay for registration himself.
12.10 Comp Time 1/10/2012 Can an employee accumulate comp time hours beyond 240 hours? No, time accumulated over 240 hours must be paid out to the employee at time and one-half rates.
12.11 Comp Time   When does an Agency pay for accumulated compensatory time? Between Dec. 25 and Dec. 31, employees must request in writing to receive pay for accumulated overtime hours. If cash payment is not requested, the employee shall accumulate the hours. Employees are encouraged to take comp time off.
12.12 Comp Time 1/10/2012 If an employee is getting close to the 240 hour comp time maximum, can the Agency give advance notice to the employee that the employee is required to schedule time off or management will do that for them? Yes.