Administrative Services

EMPLOYEE RELATIONS

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Nebraska State Personnel Board Decisions

The following State Personnel Board Decisions regarding employee grievances have been summarized for informational use only.

Fiscal Year 2008-2009

Geoffrey Davis v. Department of Correctional Services, Appeal #1 (NAPE) Geoffrey Davis filed a grievance after he was disciplined in the form of a written warning.  The Appellant was disciplined for allegedly making offensive comments to his coworkers on four separate occasions.  The parties agreed upon, and the State Personnel Board designated, James Titus as Hearing Officer and the hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska labor contract. 

The Hearing Officer recommended to the State Personnel Board that the Respondent’s action be affirmed, as the written warning was justified under the Labor Contract.

The State Personnel Board accepted the recommendation to deny the appeal.

Steve Goodban v. Department of Correctional Services (RULES) Steve Goodban timely filed a Step 3 grievance with the Employee Relations Division.  The grievance record attached only contained the first page and did not contain the responses at Step 1 or 2.  The State Personnel Board designated William J. Wood as Hearing Officer to determine whether or not this grievance complied with the jurisdictional requirements to file a valid appeal, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules. 

The Hearing Officer found that Steve Goodban did not meet the jurisdictional requirements when he filed his Step 3 appeal, therefore the Hearing Officer recommended to the State Personnel Board that the grievance be dismissed.

The State Personnel Board accepted the recommendation to dismiss the grievance.

Sam Walls v. Department of Correctional Services (RULES) Sam Walls filed a grievance after he was disciplined with termination of his employment.  The Respondent alleged that the Appellant was terminated for insubordinate behavior.  The State Personnel Board designated William J. Wood as Hearing Officer, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules. 

The Hearing Officer found that the Respondent did not prove by a preponderance of the evidence that the discipline imposed followed progressive discipline, and although the Appellant was proven to be insubordinate, the discipline imposed was not justified.  The Hearing Officer recommended to the State Personnel Board that the grievance be upheld and that the Appellant be returned to work.

The State Personnel Board voted 4 to 1 to adopt the recommended decision to uphold the appeal.

Monica Gowen v. Department of Health and Human Services (NAPE) Monica Gowen filed a grievance after she was disciplined in the form of termination.  The Appellant was disciplined for allegedly physically and verbally abusing a patient.  The parties agreed upon, and the State Personnel Board designated, Samuel Van Pelt as Hearing Officer, and the hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska labor contract. 

The Hearing Officer found that the Respondent failed to prove by a preponderance of the evidence that in disciplining and terminating the Appellant, it acted with just cause and employed progressive discipline.  He recommended that the State Personnel Board uphold the grievance and set aside the termination of the Appellant, returning her to work in a similar position.

The State Personnel Board accepted the recommendation to uphold the appeal.

The Respondent appealed this decision to District Court, and the case was dismissed due to the settlement agreement of the parties.

Bruce Rowe v. Department of Health and Human Services (RULES) Bruce Rowe filed a grievance after he was denied bumping rights after a lay-off.  The Respondent claimed that the lay-off was necessary due to lack of funding and that there were no positions for the Appellant to bump into.  The State Personnel Board designated Samuel Van Pelt as Hearing Officer, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.

The Hearing Officer found that the Respondent did alter the job specifications of an open position, and then determined that there was no position into which the Appellant could bump; therefore, precluding the Appellant from exercising his bumping rights.  He recommended that the State Personnel Board uphold the grievance and allowed the Appellant to bump into the open position, or equivalent.

The State Personnel Board accepted the recommendation to uphold the appeal.

Teresa Reutzel v. Department of Labor (RULES) Teresa Reutzel filed a grievance after she was terminated from her employment.  The Respondent claimed that the Appellant was terminated for her unauthorized absence, and had been previously disciplined for the same issue.  The State Personnel Board designated, William J. Wood as Hearing Officer, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.

The Hearing Officer found that the Appellant did not have approval for leave when she left the office and that the termination was imposed in good faith, for just cause, and employed progressive discipline.  He recommended to the State Personnel Board that the appeal be dismissed.

The State Personnel Board accepted the recommendation to dismiss the appeal.

Mousa Drammeh v. Department of Correctional Services (RULES) Mousa Drammeh filed a grievance after he was disciplined with a written warning.  The Respondent claimed that the Appellant did not list the section or sections of the Rules that were allegedly violated by the Respondent on the grievance from.  The State Personnel Board designated William J. Wood as Hearing Officer, for the sole purpose to determine whether or not the grievance was properly filed, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.

The Hearing Officer found that the grievance did not comply with the provisions set forth in the State Personnel Rules for filing a grievance.  He recommended to the State Personnel Board that the appeal be denied.

The State Personnel Board accepted the recommendation to deny the appeal.

Michael Samuelson v. Department of Correctional Services (RULES) Michael Samuelson filed a grievance after he was disciplined in the form of six months probation.  The Respondent claimed that the Appellant was disciplined because he failed to order asbestos testing before the removal of floor tiles in one of the facilities.  The State Personnel Board designated Samuel Van Pelt as Hearing Officer, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.

The Hearing Officer found that the Respondent proved by a preponderance of the evidence, that the six-month probation was imposed in good faith, for just cause, and employed progressive discipline.  He recommended to the State Personnel Board that the appeal be dismissed.

The State Personnel Board accepted the recommendation to dismiss the appeal.