Administrative Services

EMPLOYEE RELATIONS

LINK website

Nebraska State Personnel Board Decisions

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

Fiscal Year 2010-2011

Rodney Williams v. Department of Correctional Services Appeal #2 (RULES) Rodney Williams filed a grievance after the Department of Correctional Services disciplined him by demotion.  This demotion was a result of a previous grievance in which the Appellant was terminated for inappropriate communications with a subordinate.  The Appellant grieved the termination, and the State Personnel Board at that time remanded the case to DCS for the imposition of a more appropriate discipline.  The State Personnel Board designated William Wood as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules. 

The Hearing Officer found that there was no discipline imposed on the Appellant, and that when the Appellant signed the settlement agreement indicating that he was to be reinstated as a Correctional Officer, the Appellant waived the right to challenge that placement. 

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

Melissa Buss v. Department of Correctional Services (SCATA) Melissa Buss filed a grievance after receiving a leave and salary audit based on a 260-day school year rather than the requested 261-day school year.  The Respondent denied the grievance, stating that Buss would then be treated differently than all other Department full-time teachers.  The State Personnel Board designated Samuel Van Pelt as Hearing Officer, and the hearing was held in accordance with the 2009-2011 State Code Agencies Teachers Association and State of Nebraska Labor Contract. 

The Hearing Officer found that the Appellant had proven by a preponderance of the evidence that she was required to work a 235-day year rather than the contractually specified 234-day work year.  The Hearing Officer also found that DCS had misinterpreted and misapplied the terms of the 2009-2011 SCATA labor contract and recommended to the State Personnel Board to uphold the grievance.

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

Cliff Lindell v. Department of Health and Human Services (RULES) Cliff Lindell filed a grievance after he was disciplined in the form of termination.  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 terminated for multiple allegations of inappropriate behavior.

The Hearing Officer found that the Appellant did commit the above-referenced violations, but that the actions did not violate any State Personnel Board Rules, other than 273 NAC 14-003.03 as they did demonstrate inefficiency.  The Hearing Officer found that the Respondent imposed too severe a discipline, based on the Appellant’s 30 years of employment, past disciplinary record, and the limited guidance the Respondent gave the Appellant.  The Hearing Officer recommended to the State Personnel Board that the grievance be upheld, and that the Appellant be reinstated and an appropriate discipline less than termination be imposed.

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

The Respondent appealed this decision to District Court, and the State Personnel Board decision was overturned, and Lindell's termination was affirmed.
Charles Phillips v. Nebraska State Patrol
 (RULES) Charles Phillips filed a grievance after being disciplined for violating agency policy.  The grievance was returned by the Nebraska State Patrol for being untimely.  The Appellant appealed to the State Personnel Board and William Wood was designated as Hearing Officer.  A hearing was held in accordance with the Nebraska Classified System Personnel Rules to determine if the grievance was filed within 15 workdays. 

The Hearing Officer found that it is the customary practice of the State to exclude only observed State holidays when counting workdays for grievance filing purposes, and that the grievance was filed 17 days after the grieved action.  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.  

Teresa Bloodgood v. Nebraska Department of Health and Human Services (RULES) Teresa Bloodgood filed a grievance after being disciplined with probation and a demotion.  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 for multiple allegations of inappropriate behavior.

The Hearing Officer found that a majority of the evidence shows that the discipline imposed was in compliance with the Nebraska Classified System Personnel Rules and Regulations and was imposed in good faith, for cause, and that progressive discipline was considered.  The Hearing Officer recommended to the State Personnel Board that the grievance be denied.

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