Administrative Services

EMPLOYEE RELATIONS

William J. Wood, Chief Negotiator/Administrator

Nebraska State Personnel Board Decisions

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

Fiscal Year 2017-2018

Matthew Heckman v. Nebraska Department of Correctional Services Appeal #1 (RULES) The Appellant filed a grievance after the Respondent disciplined him in the form of termination. The discipline was based upon allegations of violations of policies or procedures, inefficiency or negligence in the performance of duties, and acts or conduct which adversely affect the employee’s performance and/or the employing agency’s performance or function.  These allegations were in relation to an inmate escape issue. The State Personnel Board designated William 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 violate the indicated provisions or policies of the NDCS, and that the Respondent’s action in terminating the employment of the Appellant was not taken for just cause, employing progressive discipline and was not done in accordance with the Nebraska Classified System Personnel Rules and Regulations 273 NAC 14-001.  The Hearing Officer recommended the Respondent reinstate the Appellant.

The State Personnel Board affirmed the recommendation.

Matthew Heckman v. Nebraska Department of Correctional Services Appeal #2 (RULES) The Appellant filed a grievance after the Respondent disciplined him in the form of termination. The discipline was based upon allegations of violations of policies or procedures, inefficiency or negligence in the performance of duties, and acts or conduct which adversely affect the employee’s performance and/or the employing agency’s performance or function.  These allegations were in relation to Random Urinalysis testing issue. The State Personnel Board designated William 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 violated the indicated provisions or policies of the NDCS, at least to a minor extent, but that the Respondent’s action in terminating the employment of the Appellant was not taken for just cause, employing progressive discipline and was not done in accordance with the Nebraska Classified System Personnel Rules and Regulations 273 NAC 14-001.  The Hearing Officer recommended the Respondent reinstate the Appellant.

The State Personnel Board affirmed the recommendation.


Kimberly Bro v. Nebraska Department of Health and Human Services Appeal (Rules) 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 William J. Wood 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 did not cite a specific section or sections of the Rules that would result in a grievable issue subject to the Nebraska State Personnel Board’s jurisdiction; there was no citation to 273 NAC 14-001.  Therefore, the grievance as not in compliance with the requirements of 273 NAC 15-008.02 The Hearing Officer recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board adopted the recommendation.

The Appellant appealed the Decision to the District Court

 

Ladonna Shippen v. Nebraska Department of Health and Human Services Appeal (Rules) The Appellant filed a grievance after the Department of Health and Human Services disciplined her in the form of a six-month disciplinary probation.  The State Personnel Board designated Crystal Booker as Hearing Officer to determine whether this grievance was filed timely, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.
The Hearing Officer found that the grievance was not filed timely at the third step and recommended to the State Personnel Board that the grievance be dismissed.


The State Personnel Board adopted the recommendation.