The following Arbitration Decisions regarding employee grievances have been summarized for informational use only. Please be advised that none of the decisions in any of these cases are precedent setting.
Eric Volk v. Nebraska Department of Correctional Services (NAPE)
The Appellant filed a grievance after being demoted for three allegations that included 1) failure to comply with regulations, policies and procedures and for not conducting his duties in a professional manner, 2) Inefficiency, incompetence or negligence in the performance of duties and 3) action and conduct that adversely affected the performance and functions of the facility. The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.
The Arbitrator found that there was just cause to impose discipline under the Labor Contract but that the punishment imposed was harsh given the circumstances. The Arbitrator’s final decision was for the demotion to be reversed and in its place the Respondent should place the Appellant on probation for a period of time not to exceed three months’ duration.
Kathleen Carnagey v. Nebraska Department of Health and Human Services (NAPE)
The Appellant filed a grievance after being disciplined, which was based upon allegations of failure to demonstrate a positive attitude, professional composure, and effective team behavior. The parties agreed to designate Jim Titus as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.
The Arbitrator found that the evidence against the Appellant was substantial and that as a supervisor she had the responsibility of treating her staff with respect and dignity. The Appellant failed to establish her grievance by the preponderance of the evidence. The grievance was dismissed.
Teresa Meyer v. Nebraska Department of Correctional Services (NAPE)
The Appellant filed a grievance after being reassigned to a new work post after a reorganization of the property intake area. The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.
The Arbitrator found that the labor contract allows the Respondent discretionary authority regarding matters of duty assignments and that there was no apparent retribution or lack of good faith demonstrated by the Respondent. The grievance was dismissed.
Ray Kelly v. Nebraska Department of Health and Human Services Appeal #7 (NAPE)
The Appellant filed a grievance after receiving a disciplinary six months probation. The Respondent filed a Motion to Dismiss alleging that the grievance was moot as the Appellant was terminated from her position since the filing of the grievance, and the Appellant had not timely grieved the termination. The parties agreed to designate Robert Bartle as Arbitrator and a hearing was held in accordance with the 2015-2017 NAPE/AFSCME and State of Nebraska Labor Contract.
The Arbitrator found that the grievance was moot as 1) the Appellant is no longer employed by the Respondent and no meaningful relief could be granted, 2) the termination was not timely grieved, and 3) the Appellant’s interest is private in nature and not affecting the public at large. The Motion to Dismiss was granted and the appeal was dismissed.
Ray Kelly v. Nebraska Department of Health and Human Services Appeal #4 (NAPE)
The Appellant filed a grievance after receiving a written warning for not following directions and expectations of her supervisor. The parties agreed to designate Robert Bartle as Arbitrator, and a hearing was held in accordance with the 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.
The Arbitrator found that the Respondent did not violate the contract in that the Appellant was not treated in an arbitrary or capricious fashion and as there was no evidence of bad faith by the Respondent. The grievance was dismissed.