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.

2008

Charles Odom v. Department of Roads (RULES) Charles Odom filed a grievance after the Department of Roads terminated his employment.  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 Appellant was disciplined in the form of termination after he allegedly used state equipment to remove snow from a citizen’s driveway. 

The Hearing Officer found that Mr. Odom did violate agency policy and that the Department of Roads acted in good faith and for just cause.  He found that the discipline was progressive in nature and recommended to the State Personnel Board that the grievance be dismissed.

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

The Appellant appealed the decision to the District Court and the case was dismissed.

Polidoros Pserros v. Department of Correctional Services (NAPE) Polidoros Pserros filed a grievance after the Department of Correctional Services disciplined him in the form of a demotion.  The parties agreed upon, and the State Personnel Board designated, Melanie Whittamore-Mantzios as Hearing Officer, and the hearing was held in accordance with the 2007-2009 NAPE/AFSCME and State of Nebraska Labor Contract.  The Appellant was disciplined for allegedly making inappropriate comments and sending inappropriate emails to a coworker.

The Hearing Officer found that no due process violations existed and that the Respondent’s decision to demote Pserros was taken in good faith and for just cause.  She recommended that the State Personnel Board affirm the demotion.

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

The Appellant appealed the decision to the District Court, and the court affirmed the decision of the State Personnel Board.

The Appellant appealed the decision to the Court of Appeals, and the appeal was denied.

Mary Jo Iwan v. Department of Health and Human Services (RULES) Mary Jo Iwan filed a grievance after she was laid-off by the Department of Health and Human Services.  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 Appellant was laid-off due to restructuring and the grievant claimed that her bumping rights were violated. 

The Hearing Officer found that the Respondent did not err in the development or issuing of the layoff plan; or the posting of vacant positions.  He found that the Appellant did not prove beyond a preponderance of the evidence that she had bumping rights at the time her position was eliminated and recommended to the State Personnel Board that the grievance be dismissed.

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

David Cygan v. Department of Health and Human Services (RULES) David Cygan filed a grievance after he was laid-off by the Department of Health and Human Services.  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 Appellant was laid-off due to restructuring and the grievant claimed that his bumping rights were violated. 

The Hearing Officer found that the Respondent did not err in the development or issuing of the layoff plan and that the Appellant proved beyond a preponderance of the evidence that he had bumping rights at the time his position was eliminated.  However, the Hearing Officer found that there were no positions or individuals on or against whom, any bumping rights could be exercised, and therefore, recommended that the State Personnel Board dismiss the grievance.

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

The Appellant appealed this decision to the District Court, and the Court upheld the State Personnel Board’s decision to dismiss the grievance.

Sean Evans v. Department of Health and Human Services (NAPE) Sean Evans filed a grievance after the Department of Health and Human Services disciplined him in the form of termination. 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 Appellant was terminated for the alleged physical abuse of a patient.

The Hearing Officer found that the department imposed discipline for just cause and that the nature and severity of the infraction supports termination.  He recommended that the State Personnel Board affirm the department’s decision of termination.

The State Personnel Board accepted the recommendation to affirm the termination and deny the appeal.

Mark Mitchell v. Department of Health and Human Services #2 (NAPE) Mark Mitchell filed a grievance after the Department of Health and Human Services transferred him to a lower-paid position.  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 Appellant was transferred due to reorganization and the Respondent claimed it was out of a business necessity.

The Hearing Officer found that the department transferred the Appellant before asking for volunteers, and without selecting the least senior employee for transfer.  He recommended that the State Personnel Board sustain the grievance, and that the transfer be vacated and set aside.  He further recommended that the Appellant be reinstated and receive back pay.

The State Personnel Board accepted the recommendation and upheld the appeal.

The Respondent appealed this decision to the District Court, and the Court affirmed the decision of the State Personnel Board.

Jeffrey Mazza v. Department of Correctional Services (NAPE) Jeffrey Maza filed a grievance after the Department of Correctional Services disciplined him in the form of termination.  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 Appellant was terminated after being convicted of third-degree assault.

The Hearing Officer found that the Appellant was not denied due process and that his termination was progressive or disproportionate to other employees in similar circumstances.  He recommended that the State Personnel Board affirm the department’s decision of termination and deny the grievance.

The State Personnel Board accepted the recommendation to affirm the termination and deny the appeal.