The following FY2015-2016 State Personnel Board Decisions regarding employee grievances have been summarized for informational use only.
Mikel-Jon Divis v. Department of Health and Human Services Appeal #2 (NAPE)
The Appellant filed a grievance after the Nebraska Department of Health and Human Services changed his permanent work schedule without proper notice when the Appellant was reinstated after a suspension. The Respondent also did not grant the Appellant pay and benefits during the suspension and asked the Appellant to sign a “Work Performance Expectations” document when he returned to work. The State Personnel Board designated Terri Weeks as Hearing Officer, and the hearing was held in accordance with 2015-2017 State of Nebraska and NAPE/AFSCME Labor Contract.
The Hearing Officer found that the Respondent properly remedied the work schedule notice issue. The issue of back pay and benefits was found to be not grievable as it was an issue in Appeal #1 and the State Personnel Board did not have jurisdiction in Appeal #1 as the minihearing decision was not appealed to the Board. The Appellant withdrew the portion of the grievance regarding being reinstated to his previous position as the remedy was to be reinstated to a position that he was no longer interested in. The Hearing Officer found that the Work Performance Expectations document portion of the grievance was now moot as the Respondent had already granted the relief that was available to the Appellant. The Hearing Officer recommended that the State Personnel Board dismiss the grievance.
The State Personnel Board affirmed the recommendation.
Mousa Drammeh v. Nebraska Department of Correctional Services (Rules)
The Appellant filed a grievance after the Respondent disciplined him in the form of demotion. The discipline was based upon several allegations that included failure to comply with a directive, inefficiency or negligence of job duties, failure to maintain satisfactory working relationships, and acts or conduct which adversely affect performance or agency function. The State Personnel Board designated William J. 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 committed the allegations and recommended that the State Personnel Board dismiss the grievance.
The State Personnel Board affirmed the recommendation.
Timothy Curtis v. Nebraska Department of Health and Human Services Appeal (Rules)
The Appellant filed a grievance after being disciplined in the form of termination. The State Personnel Board designated William J. Wood as Hearing Officer to determine whether or not 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 second and third step and recommended to the State Personnel Board that the grievance be dismissed.
The State Personnel Board accepted the recommendation to dismiss the grievance.