Administrative Services

EMPLOYEE RELATIONS

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NAPE/AFSCME Contract Interpretations:

Sections 17.1 through Appendix M.14.1

(Updated 5/10/16)
Contract Article
Topic
Date
Question
Answer
17.1 On-Call Pay 8/21/1998 An employee has been temporarily reassigned to a supervisory position, and prior to the move, was receiving on-call pay.  Can the employee still receive the on-call pay? Yes.  As long as the employee remains, on paper, in the contract-covered position the employee should receive all contract-covered benefits.
17.1 Temporary Reassignment 12/29/2004 A Contract covered employee is temporarily promoted to a Rules covered position based on business necessity for 18 months.  Is the employee's sick leave balanced back to 1440 hours at end of calendar year?  Does the agency add the lost hours back into their balance when the employee reverts back to Contract covered position. Yes, as long as the employee is actually in the Rules position, the employee's sick leave (SL) is balanced back to 1440 hours at the end of calendar year.  The employee will earn SL at the Rules rate, and the lost sick leave hours are not added back once the employee reverts back to the Contract covered position.
17.1 Temporary Reassignment 9/29/2017 Our Staff Asst II is performing 50% of the work of a Fed Aid Adm II who is working half time because of being on intermittent FMLA. Is the agency required to pay the SA II for "working out of class?" Yes. As long as the SA II is performing 50% or more of the duties of the higher level classification, the employee shall receive a temporary pay increase to the hiring rate of the higher classification or an increase in accordance with Section 11.8, whichever is higher, but in no case shall the employee receive a pay reduction.
18.2 Safety in the Work Place 1/6/1995 An employee has asked the agency to provide her with personal and physical protection from her supervisor and supervisor is concerned about his protection. The employer agrees to maintain a safe working environment. The employer must objectively weigh the actual risk to employees and make decisions based on facts of situations - not fear which have no basis.
18.13 Firearms 7/1/2017 Agency personnel have been approached by employees who feel they are in danger and wish to carry guns? Possession of a firearm is forbidden in State work places by employees other than those who may be authorized in connections with official duties for the employer. Law enforcement should be contacted if employees are in danger or threatened at work. Nothing in this section is intended to supercede Neb. Rev. Stat. 69-2441 (3), which permits a concealed handgun permit holder to have a firearm in their vehicle in a parking area open to the public, when said firearm is securely locked in a glove box, trunk, compartment, or storage box
18.14 Drug Free Workplace 7/17/1995 Can an agency revise the generic Drug Free Workplace Policy issued by the Governor to specifically include use of alcohol? No. The Governor's Drug Free policy cannot be revised. An agency can make reference in its policy manual to unauthorized use of alcohol.
19.6 Downward Reclassification 8/13/2009 While this section allows some discretion on the pay reduction in the case of a downward reclassification, is the "no more than 5% above the new classification maximum" a requirement?, or can the employee be reclassified downward and end up more than 5% above the new maximum? The salary of an employee reclassified downward can be more than 5% above the maximum for the new pay line, but only if you do not reduce the employee's salary at all.  If any reduction is made, then the resulting salary has to be no more than 5% above the maximum.
19.11 Classification Appeal Pay 12/28/2011 An employee was upgraded by State Personnel, but the employee appealed requesting a higher classification.  The appeal was denied…when does the pay upgrade take effect? The pay increase will be made effective the first day of the next full pay cycle following final determination by the DAS State Personnel Director.  The increase is retroactive to the date when the employee's appeal to the Classification Appeal Panel was received by the Administrator of the DAS State Personnel Classification and Compensation Section.
20.3 Tuition Assistance 1/8/2002 Can an employee, who is currently on LWOP because of active military duty, receive tuition assistance for taking college courses? No. The State does not provide tuition assistance or other benefits to employees who are on a leave of absence.
20.3 Tuition Assistance 4/23/2007 Can an employee request and receive tuition assistance to "test out" of a course, in order to receive the credits without actually taking the course? No.  "Testing out" does not constitute "enrolling" in a course.  One of the reasons we grant tuition assistance is for the knowledge the employee is gaining by attending the course.
20.3-20.7 Tuition Assistance 11/1/1994 Who determines tuition assistance for employees? For consistency sake, decisions regarding the granting or denial of tuition assistance should be coordinated at a central point in the agency to ensure consistent application.
21.2 Labor/Mgmt Committee 3/27/1998 Who is included in the "three union members" on Labor/Management Committees? This section means that the State is only required to pay three employees on the union side of the table.  It is up to the union to select those three employees.
22.7 Removal of discipline from employee's file 8/4/2016 If an employee received discipline while a Rules covered employee, they cannot have it removed from their file as the Rules do not allow it.  If this same employee then becomes covered under the NAPE Contract, could the employee now request that discipline to be removed. Yes.  Since the NAPE Contract doesn't distinguish which discipline the employee can request be removed from the file, as long as the employee is a NAPE covered employee at the time the request is made, that any discipline, other than that, that the NAPE Contract requires be retained for a longer period of time, must be removed whether imposed under the NAPE Contract or the Personnel Rules.
23.1 & 23.5 SLEBC NAPE to SLEBC - Probation 10/9/1996 A NAPE covered employee moved to a new position covered by SLEBC, does that employee need to serve original probation? Not necessary to serve a probationary period as they have already served one in the agency.
App. A Under Staffing 2/26/1998 What is the status of an employee hired as an Attorney I or II to understaff an Attorney III position? The Attorney III is non-contract, and Attorney I & II is covered by the contract. The status is determined by the employee's permanent classification.
D.9 Overtime 7/1/2003 Is an employee who works from 11:30 am on Sunday through 8:00 am on Monday, entitled to time and one-half for all time worked even if they have not worked over 40 hours in their defined work week? No. Only the time on Sunday is paid at time and one half. Monday is a separate work day and the employee did not work more than 12 hours on Monday.
M.12.1 Vacation Bid Process 7/1/2009 Senior employees are using the bidding process to secure favorable vacation dates and then releasing them and informing friends, with little seniority, who obtain days through first come, first serve use. The release of vacation days nullifies the original bid, and therefore, the days should now be offered to the employees with the second-highest seniority. If they decline, they are then offered to the third-highest, etc.
49-1499.01 Nepotism 11/9/2005 State employee "A" is a Mother to State employee "B".  Can A supervise B? No, according to State Statute 49-1499.01.