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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 2016-2017

Betty Jane Bower-Hansen v. Nebraska Department of Health and Human Services Appeal (SCATA) The Appellant filed a grievance after the Department of Health and Human Services disciplined her in the form of termination. The Respondent filed a Motion to Dismiss. The State Personnel Board designated Samuel Van Pelt as Hearing Officer, and a Motion to Dismiss Hearing was held in accordance with the Nebraska Classified System Personnel Rules.

The Hearing Officer found that the grievance was not filed properly as the SCATA labor contract requires a three-part appeal process: first to the immediate supervisor, next to the agency director, and finally to the State Personnel Board. The Appellant did not comply with that process. The Hearing Officer recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board affirmed the recommendation.

The Appellant appealed the Decision to the District Court, and the court affirmed the State Personnel Board’s Decision, although on different grounds.  The Appellant appealed the District Court decision to the Court of Appeals.