Frequently Asked Questions
to the Administrative Services-Employee Relations Division
These questions/answers refer mainly to employees covered by the NAPE/AFSCME and State of Nebraska Labor Contract and are addressed in a broad format. Employees are encouraged to contact their agency for the most accurate information, as answers may be agency dependent.
1. Where do I get the forms to file a grievance for a State employee covered by the NAPE/AFSCME and FOP Labor Contracts?
NAPE/AFSCME forms can be obtained by contacting a NAPE/AFSCME union steward, or by contacting the NAPE/AFSCME business office at 770 N Cotner Blvd, Suite 403, Lincoln, Nebraska 68505, at telephone number 402-486-3911.
FOP forms can be obtained by contacting an FOP union steward, or by contacting the FOP, #88 President at 402-219-3761, or at Keating O'Gara Law at 530 S. 13th St., Suite 100, Lincoln, NE 68508, 402-475-8230.
Additionally, forms can be found on this web site under Grievance Appeal Processing and Forms, but not on State time or using State equipment.
2. Where do I get the forms to file a grievance for a State employee covered by the Classified System Personnel Rules and Regulations?
The forms can be obtained by contacting your agency Personnel/Human Resources office or the DAS – Employee Relations Division office at 402-471-4104, which is located at 1526 K Street, Ste. 120, Lincoln, Nebraska 68509, or on this web site under Grievance Appeal Processing and Forms, but not on State time or using State equipment.
3. Where can I view a copy of the NAPE/AFSCME or FOP Labor Contracts?
Your supervisor or agency Personnel/Human Resources office will have a copy available for you to review or the contract may be accessed on this web site under Publications.
You may also contact the NAPE/AFSCME business office at 770 N Cotner Blvd, Suite 403, Lincoln, NE 68505, at telephone number 402-486-3911 to request a copy.
Contact the FOP, #88 President by calling 402-219-3761, or contact Keating O'Gara Law at 402-475-8230.
4. Is my position covered by a Labor Contract or the Classified System Personnel Rules and Regulations?
Generally speaking, positions which are supervisory, general management, confidential or temporary are excluded from the Labor Contract. If the Job Code of your Position Title begins with an: A, C, E, H, I, M, S, or X, you are covered by the NAPE/AFSCME Labor Contract. If your Job Code begins with an “L”, you are covered by the SLEBC Labor Contract. If your Job Code begins with an “P”, you are covered by the FOP Labor Contract. To verify your position status, please see your agency Personnel/Human Resources contact person or you may call the AS – Employee Relations Division office at 471-4104.
5. If I leave employment with the State (not related to discipline issues) and then return to a position covered by the NAPE/AFSCME or FOP Labor Contract, what happens to my service date and unpaid sick time?
Former State employees returning to a NAPE/AFSCME or FOP Labor Contract covered position on or after July 1, 2001, after a break in service of less than five (5) calendar years will have their accumulated unpaid sick leave balance restored. The employee’s service date will be adjusted for the period of absence. The employee’s vacation and sick leave earning rate will also be adjusted, and the new rate of earning will be based on the adjusted service date.
6. How do I appeal a position classification decision?
If an employee covered by the NAPE/AFSCME or FOP Labor Contract does not agree with the classification decision of the Administrator of Classification and Compensation of DAS - State Personnel, they may appeal to the Classification Appeal Panel. The appeal form may be obtained from the DAS - Employee Relations office and must be forwarded to the Classification Appeal Panel via the DAS - Employee Relations office within 15 work days from receipt of the decision of the Administrator of Classification and Compensation of DAS State Personnel. This may be initiated ONLY if the action had an immediate adverse financial impact (reduction in pay) on the employee. The Classification Appeal Panel members shall be limited to a choice to either recommend upholding the decision of the Administrator of the DAS - State Personnel Classification and Compensation Section, or to recommend granting the employee the reclassification sought. The Classification Appeal Panel provides their findings, conclusions, and recommended decision to the State Personnel Director. The State Personnel Director makes the final decision.
7. How much of a pay raise do I receive if my position is reclassified to a higher salary grade?
Pay increases for upward classification changes will be calculated in the same manner as provided in Section 11.8 (NAPE/AFSCME) or Section 11.6 (FOP) for promotions. The employee shall receive a 5% increase for a reclassification where the new classification’s minimum rate of pay is equal to or greater than 7.5% but less than 15% above the minimum rate of pay of the classification which the employee occupied prior to reclassification; 7.5% for reclassifications where the new classification’s minimum rate of pay is equal to or greater than 15% but less than 22.5% above the minimum rate of pay of the classification which the employee occupied prior to reclassification; or 10% for reclassifications where the new classification’s minimum rate of pay is equal to or greater than 22.5% above the minimum rate of pay of the classification which the employee occupied prior to reclassification.
The employee’s salary shall be at least at the minimum rate of pay for the new classification. In no case, shall the employee be paid more than the maximum rate of pay of the new classification.
8. Who do I contact if I have questions concerning health and life insurance benefits?
You may contact the DAS – Employee Benefits office at 402-471-4443.
9. If an employee, who is eligible to retire, retires or voluntarily separates from the State with no break in service and immediately starts employment with another agency, what happens to the sick leave, vacation leave, and service anniversary date?
As there has been no break in service, the employee has not retired, and therefore, the usual provisions concerning transfer from one agency to another would apply. The sick leave would not be paid out, the employee would not draw retirement, and the employee would retain his/her service anniversary date. If a break in service had occurred, the employee would have received a payout of ¼ of his/her sick leave, not to exceed 60 days, in addition to a payout of the vacation leave. In that instance the employee’s service anniversary date would be the date he/she was re-hired. If the employee was gone from State employment at least 120 days, he/she could draw retirement pay.
If an employee who is eligible to retire, is laid off, the employee has the option to defer payment of ¼ of their sick leave account for up to 24 months. If the laid off employee, who deferred payment of their sick leave, returns to State employment within 24 months, the employee’s sick leave balance and service date are reinstated (minus the time in a non-pay status). If an employee who is eligible to retire, is laid off, elects not to retire and elects to participate in the Re-Employment Program, the employee’s ability to stay in the program ends when the two years of re-call rights has expired or ends sooner if the employee decides to retire during the two year period.