The following FY2025-2026 State Personnel Board Decisions regarding employee grievances have been summarized for informational use only.
Julie Bubak #1 v Nebraska Department of Health and Human Services (NAPE/AFSCME)
On the week of March 10 through March 17, 2024, the Appellant was on-call. She was called back to duty four times during that week. The Appellant was only paid for her actual time worked and not the call-back entitlement outlined in Article 7.8 of the NAPE Labor Contract. The State Personnel Board designated Melanie Whittamore-Mantzios as Hearing Officer, and a hearing was held in accordance with the 2023-2025 NAPE/AFSCME Labor Contract.
The Hearing Officer recommended that the State Personnel Board grant the appeal. However, the State Personnel Board rejected the recommended Conclusions of Law and found that this case did not present any material different facts or legal interpretations that would warrant the State Personnel Board to disregard the District Court cases that rejected an award of call back time in similar circumstances.
The State Personnel Board denied the appeal.
Brianna Walker #1 v Nebraska Department of Health and Human Services (NAPE/AFSCME)
On the week of April 8 through April 15, 2024, the Appellant was on-call. She was called back to duty seven times during that week. The Appellant was only paid for her actual time worked and not the call-back entitlement outlined in Article 7.8 of the NAPE Labor Contract. The State Personnel Board designated Melanie Whittamore-Mantzios as Hearing Officer, and a hearing was held in accordance with the 2023-2025 NAPE/AFSCME Labor Contract.
The Hearing Officer recommended that the State Personnel Board grant the appeal. However, the State Personnel Board rejected the recommended Conclusions of Law and found that this case did not present any material different facts or legal interpretations that would warrant the State Personnel Board to disregard the District Court cases that rejected an award of call back time in similar circumstances.