The following FY2018-2019 State Personnel Board Decisions regarding employee grievances have been summarized for informational use only.
Thomas Christopherson v. Nebraska Department of Health and Human Services Appeal (Rules)
The Appellant filed a grievance after the Department of Health and Human Services disciplined him 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. The matter came before the District Court of Lancaster County, Nebraska on February 2, 2019. The Court found that Christopherson complied with the requirements found in 273 NAC 15-002.02 for filing a grievance and in 273 NAC 15-008.04 for perfecting an appeal and commencement of a contested case before the Board. The position that a grievant must cite to 273 NAC 14-001 to establish a grievable issue is contrary to law. The District Court ordered that the Nebraska State Personnel Board's decision to dismiss Christopherson's appeal be reversed and that it be remanded to the Board for further proceedings on the merits of the grievance.