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 2014-2015

Ray Alexander v. Nebraska Department of Roads Appeal (NAPE) The Appellant filed a grievance after the Nebraska Department of Roads disciplined him in the form of termination.  Alexander’s discipline was based upon an allegation of taking unapproved leave.  The State Personnel Board designated Melanie Whittamore-Mantzios as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Hearing Officer found that there was just cause to terminate Alexander’s employment based upon the offense of failing to show up for work and failing to call in, not only because of the nature of the offense but also because of Alexander’s disciplinary record.  The Hearing Officer recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board affirmed the recommendation.

Mikel-Jon Divis v. Department of Health and Human Services (NAPE) The Appellant filed a grievance after the Nebraska Department of Health and Human Services disciplined him in the form of termination.  The discipline was based upon an allegation of falsifying his application of employment.  The State Personnel Board designated Terri Weeks as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The minihearing decision was appealed by the Respondent, who later withdrew the appeal.  The Hearing Officer recommended that the appeal should be allowed to be withdrawn and that since the Appellant did not appeal the minihearing decision that it would stand and should be enforced as the final decision of the State Personnel Board.

The State Personnel Board affirmed the recommendation.

Bibian Nwaturuocha v. Department of Health and Human Services (NAPE) The Appellant filed a grievance after the Nebraska Department of Health and Human Services disciplined her in the form of termination.  The appeal was not successfully delivered to the Employee Relations Office.  It was resubmitted at a later date which was not within the timeframes allowed by the Labor Contract.  The State Personnel Board designated Terri Weeks as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Hearing Officer found that the appeal to Step 3 was not filed within the time allowed by the Labor Contract and recommended that the appeal be denied as untimely.

The State Personnel Board affirmed the recommendation.

Angela Cavill et al. v. Nebraska Department of Health and Human Services Appeal (SCATA) The Appellants filed a grievance after the Department of Health and Human Services informed them that their 90 minute instructional period for the purpose of planning and preparation would be reduced to 45 minutes.  The State Personnel Board designated Samuel Van Pelt as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and SCATA Labor Contract.

The Hearing Officer found that the Appellants continue to teach 90-minute continuous instructional periods and that the Respondent misinterpreted the Labor Contract.

The State Personnel Board affirmed the recommendation.

Torrey Kloppenborg v. Nebraska Department of Health and Human Services Appeal (NAPE) The Appellant filed a grievance when he was disciplined in the form of termination.  The discipline was based upon allegations of patient abuse.  The State Personnel Board designated Robert Bartle as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Hearing Officer found that the Respondent did not have just cause to discipline the Appellant, as there was no clear or convincing evidence of abuse or neglect, and therefore violated the Labor Contract.  The Hearing Officer recommended the Respondent reinstate the Appellant.

The State Personnel Board affirmed the recommendation.