The following FY2024-2025 State Personnel Board Decisions regarding employee grievances have been summarized for informational use only.
Ryan Burkhardt v. Nebraska Department of Health and Human Services (SCATA)
The Appellant filed a grievance claiming he was not on the proper salary schedule for the current 2024-2025 school year. The State Personnel Board designated LeRoy W. Sievers as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules.
The Hearing Officer found that the Appellant should be placed on step 10 due to his years of service and awarded back pay consistent with that position. The Hearing Officer recommended that the State Personnel Board grant the appeal.
The State Personnel Board sustained the appeal.
Rachel Hartgrave v. Nebraska Department of Health and Human Services (NAPE)
The Appellant filed a grievance because she was terminated without receiving a notice of allegations or a pre-disciplinary meeting. Appellant argued the Department of Health and Human Services did not extend her original probation. The State Personnel Board designated Melanie Whittamore-Mantzios as Hearing Officer, and a hearing was held in accordance with the Nebraska 2023-2025 NAPE/AFSCME Labor Contract.
The Hearing Officer found that the Appellant was on extended original probation when she was terminated. Article 8.4 does not require that a written performance improvement plan must be included in the notice to extend probation. The Hearing Officer recommended that the State Personnel Board dismiss the appeal on the basis that she was still on probation when she received the notice of termination of her employment and did not have grievance rights.
The State Personnel Board denied the appeal.
Fred Behrle v. Nebraska Department of Transportation (Rules)
The Appellant filed a grievance because he was terminated for performance issues. The State Personnel Board designated LeRoy W. Sievers as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules.
The Hearing Officer found that Title 273, Nebraska Administrative Code, Chapter 14, Section 008.01 provides in part that the employee must present an original written grievance containing “a statement of the grievance by indicating the issue(s) involved, the relief sought, the date the incident or violation took place, if known, and the specific section(s) of the Rules involved”. Appellant’s Step 1 grievance, as originally filed, failed to include the required information. The Hearing Officer recommended to the State Personnel Board that the appeal be denied.
The State Personnel Board adopted the Hearing Officer’s recommended decision, and denied the appeal.
Douglas Heminger v. Nebraska Department of Correctional Services-Rules
Appellant filed a grievance after he was terminated for misconduct. The State Personnel Board designated LeRoy W. Sievers as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules.
The State Personnel Board disagreed with the Hearing Officer’s recommended decision and found that Appellant did not appeal the Step 1 decision correctly and within the deadlines outlined in the Personnel Rules. The State Personnel Board denied the appeal.
Kurt Von Minden v Nebraska State Patrol (Rules)
The Appellant filed a grievance after he was demoted due to allegations of unbecoming conduct. The Appellant filed his Step 1 grievance on September 29, 2023. He resigned from the Nebraska State Patrol on October 31, 2023. Appellant submitted his Step 3 appeal on November 21, 2023. The State Personnel Board designated LeRoy W. Sievers as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules.
The Hearing Officer found that only permanent employees are eligible to pursue grievances before the State Personnel Board. Upon resignation or retirement, an employee loses the right to pursue a grievance. In this case, the Appellant ceased to have the right to pursue his grievance subsequent to his retirement. The Hearing Officer recommended that the appeal be dismissed.
The State Personnel Board affirmed the recommendation.