reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1317.01 - Terms and conditions of employment; employees not covered under State Personnel System; adjustments.

81-1317.01.
Terms and conditions of employment; employees not covered under State Personnel System; adjustments.
Except for employees of the University of Nebraska and the state colleges and except as may be prohibited by the Industrial Relations Act or the State Employees Collective Bargaining Act, terms and conditions of employment which may otherwise be provided by law for employees not covered under the State Personnel System may be adjusted by the employer-representative as defined in section 81-1371 to address changes arising out of collective bargaining, but in no event shall the adjustment exceed the benefits derived from collective bargaining.
Source
Laws 1988, LB 1040, § 4;
Laws 1989, LB 309, § 3;
Laws 1990, LB 1125, § 2;
Laws 1991, LB 502, § 2;
Laws 1993, LB 697, § 4;
Laws 1995, LB 395, § 2;
Laws 1997, LB 314, § 16;
Laws 1999, LB 113, § 6;
Laws 2001, LB 96, § 4.
Cross References
Industrial Relations Act, see section 48-801.01.
State Employees Collective Bargaining Act, see section 81-1369.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1318 - State Personnel Board; created; members; appointment; term; powers.

81-1318.
State Personnel Board; created; members; appointment; term; powers.
There is hereby created a State Personnel Board composed of five persons appointed by the Governor subject to confirmation by the Legislature. Not more than three of the members shall be members of the same political party. Each board member shall retain his or her position until resignation or until a successor is appointed at the expiration of the member's appointive term. Any member of the board may be removed by the Governor, upon notice and hearing as determined by the Governor, for neglect of duty or malfeasance in office, but for no other cause. New members shall be appointed for terms of five years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member succeeded. State employees covered by sections 81-1301 to 81-1319 shall not be appointed to the State Personnel Board. At least three appointees to the board shall have experience in personnel administration, business or public administration, labor relations, or law. The board, by majority vote, shall designate one member to serve as chairperson. The principal office and business address of the board shall be the personnel division of the Department of Administrative Services in Lincoln, Nebraska, but the board may meet and exercise any or all of its powers at any other location.
The board may delegate to a group of three or more members any or all of the powers which it may exercise. The board shall be authorized to designate and delegate its powers under section 81-1318.01 to hearing officers to conduct grievance appeal hearings and recommend a decision to the board for final action. A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the board, and three members of the board shall at all times constitute a quorum of the board.
Source
Laws 1969, c. 802, § 9, p. 3026;
Laws 1979, LB 322, § 54;
Laws 1981, LB 545, § 35;
Laws 1987, LB 491, § 14;
Laws 1992, Third Spec. Sess., LB 14, § 18;
Laws 1997, LB 314, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1318.01 - State Personnel Board; duties.

81-1318.01.
State Personnel Board; duties.
The State Personnel Board shall ensure the fair and equitable administration of the State Personnel System by:
(1) Operating as prescribed by rules and regulations adopted and promulgated by the personnel division of the Department of Administrative Services;
(2) Reviewing and approving, by majority vote, rules and regulations adopted and promulgated by the personnel division;
(3) Determining the grievability of issues or doing so through the designation of a board member. Issues determined to be not grievable shall be subject to summary dismissal;
(4) Adjudicating grievance appeals and rendering final binding decisions;
(5) Rendering decisions consistent with the rules and regulations adopted and promulgated by the personnel division;
(6) Reviewing and providing counsel regarding any matter affecting the State Personnel System; and
(7) Performing the actions required pursuant to the State Government Effectiveness Act.
Source
Laws 1987, LB 491, § 15;
Laws 1992, Third Spec. Sess., LB 14, § 19;
Laws 1993, LB 44, § 14.
Cross References
State Government Effectiveness Act, see section 81-2701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1318.02 - State Personnel Board; grievance appeal; procedure; hearing officer; qualifications.

81-1318.02.
State Personnel Board; grievance appeal; procedure; hearing officer; qualifications.
Any employee appealing a ruling made pursuant to Chapter 81, article 13, shall file a grievance appeal with the State Personnel Board. The chairperson of the board may assign the appeal to a hearing officer who shall be chosen from a list of hearing officers established and maintained by the board. The board shall establish the qualifications necessary to be a hearing officer. Such qualifications shall be consistent with experience in personnel administration, labor relations, or administrative law proceedings. Persons eligible to be hearing officers shall include (1) employees of the personnel division of the Department of Administrative Services, (2) employees of the Division of Employee Relations of the Department of Administrative Services, (3) employees included within the State Personnel System who the board determines are qualified, and (4) other qualified persons, except that no person who has negotiated or assisted in the negotiation of the contract at issue shall be eligible to be a hearing officer.
After the chairperson of the State Personnel Board assigns the grievance appeal to a hearing officer, the appellant may disapprove such assignment and request that another person be assigned as his or her hearing officer. The second assignment shall be final.
Source
Laws 1987, LB 491, § 16;
Laws 1992, Third Spec. Sess., LB 14, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1319 - Board; appeal; procedure.

81-1319.
Board; appeal; procedure.
Appeal from the decision of the State Personnel Board shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 802, § 10, p. 3026;
Laws 1987, LB 19, § 4;
Laws 1988, LB 352, § 173.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
State Administrative Procedures Act does not limit right of review to appeal procedure therein. Lanc v. Douglas County Welfare Administration, 189 Neb. 651, 204 N.W.2d 387 (1971).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1320 - Permanent state employees; sick leave; schedule.

81-1320.
Permanent state employees; sick leave; schedule.
Permanent employees of the State of Nebraska shall be entitled to sick leave with full pay computed at the rate of eight work hours per month for each calendar month of service. Those employees who have completed five or more years of service shall be entitled to one hundred thirty-six hours of sick leave during their sixth year of employment and shall thereafter be entitled to an additional eight hours of sick leave for each year of service not to exceed two hundred forty hours per calendar year. Sick leave shall be earned in accordance with the following schedule:
During 1st year of continuous employment ......... 96 hours per year
During 2nd year of continuous employment ......... 96 hours per year
During 3rd year of continuous employment ......... 96 hours per year
During 4th year of continuous employment ......... 96 hours per year
During 5th year of continuous employment ......... 96 hours per year
During 6th year of continuous employment ......... 136 hours per year
During 7th year of continuous employment ......... 144 hours per year
During 8th year of continuous employment ......... 152 hours per year
During 9th year of continuous employment ......... 160 hours per year
During 10th year of continuous employment ........ 168 hours per year
During 11th year of continuous employment ........ 176 hours per year
During 12th year of continuous employment ........ 184 hours per year
During 13th year of continuous employment ........ 192 hours per year
During 14th year of continuous employment ........ 200 hours per year
During 15th year of continuous employment ........ 208 hours per year
During 16th year of continuous employment ........ 216 hours per year
During 17th year of continuous employment ........ 224 hours per year
During 18th year of continuous employment ........ 232 hours per year
During 19th year of continuous employment and thereafter .... 240 hours per year;
Provided,
that employees who are regularly employed less than forty hours a week shall be entitled to sick leave proportionate to their regular workweek;
and provided further,
that any employee who has been employed by the Legislature or Legislative Council shall, for sick leave entitlement purposes, be credited with one continuous year of employment for each two hundred sixty working days such employee was employed by the Legislature or Legislative Council.
Source
Laws 1973, LB 340, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1321 - State employee, defined.

81-1321.
State employee, defined.
As used in sections 81-1320 to 81-1326, state employee shall mean any person or officer employed by the state including the head of any department or agency, except when such head is a board or commission, and who works a full-time or part-time schedule on an ongoing basis.
Source
Laws 1973, LB 340, § 2;
Laws 1974, LB 1003, § 1;
Laws 1997, LB 314, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1322 - State employee; terminated; returns within one year; sick leave computed; exceptions.

81-1322.
State employee; terminated; returns within one year; sick leave computed; exceptions.
For the purpose of sections 81-1320 to 81-1326, any state employee whose employment has been terminated, for other than disciplinary reasons, and who returns to state employment within one year from the date of such termination shall have his or her service for sick leave entitlement computed by combining prior continuous service with current continuous service disregarding such period of absence and shall have reinstated to his or her sick leave account all earned sick leave not used at the time of his or her departure, except that any employee who has retired or voluntarily terminated in lieu of retirement shall, if he or she returns to state employment, be considered a new employee for the purpose of sick leave entitlement.
Source
Laws 1973, LB 340, § 3;
Laws 1974, LB 1003, § 2;
Laws 1997, LB 314, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1323 - Sick leave account; balanced as of December 31 each year.

81-1323.
Sick leave account; balanced as of December 31 each year.
The sick leave account shall be balanced as of 11:59 p.m. Central Standard Time on December 31 each calendar year. Sick leave shall be cumulative for not more than one thousand four hundred forty hours.
Source
Laws 1973, LB 340, § 4;
Laws 1993, LB 697, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1324 - Sick leave; termination.

81-1324.
Sick leave; termination.
All sick leave shall expire on the date of separation and no employee shall be reimbursed for sick leave outstanding at the time of termination except as provided in sections 81-1320 to 81-1326.
Source
Laws 1973, LB 340, § 5;
Laws 1997, LB 314, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1325 - Employee; retirement; death; payment for unused sick leave benefits.

81-1325.
Employee; retirement; death; payment for unused sick leave benefits.
Each employee who meets the minimum age and service requirements for retirement under any existing state or federal retirement system shall, upon termination of employment with the state by reason of retirement or voluntary resignation in lieu of retirement, be entitled to a one-time payment of one-fourth of his or her accumulated unused sick leave, with the rate of payment based upon his or her regular pay at the time of termination or retirement. Upon the death of an employee, his or her beneficiary shall be paid one-fourth of his or her accumulated unused sick leave, with the rate of payment based upon his or her regular pay at the date of death.
Source
Laws 1973, LB 340, § 6;
Laws 1974, LB 1003, § 3;
Laws 1986, LB 325, § 14;
Laws 1986, LB 311, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1326 - Permanent employee; transferred to another agency; sick leave transferred.

81-1326.
Permanent employee; transferred to another agency; sick leave transferred.
A permanent employee who is transferred from one agency to another shall have his accrued sick leave transferred to the receiving agency.
Source
Laws 1973, LB 340, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1329 - Community College State Dependents Fund; created; use; investment.

81-1329.
Community College State Dependents Fund; created; use; investment.
The Community College State Dependents Fund is created. The fund shall be used to reimburse tuition expenses for dependents of Nebraska state employees enrolled in one of the state's six community colleges. The Department of Administrative Services shall administer the fund through the benefits administration program. The fund shall consist of transfers authorized by the Legislature and any gifts, grants, or bequests for such purposes from any source, including federal, state, public, and private sources. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2022, LB1012, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1346 - Employee suggestion system program; established; purpose; applicability.

81-1346.
Employee suggestion system program; established; purpose; applicability.
There is hereby established a program to be known as the employee suggestion system to encourage the development of ideas for improving the economy and efficiency of state government and to grant awards for ideas of proper merit and implement them in the governmental process. The employee suggestion system shall apply to all state personnel except those personnel listed in subdivisions (1)(n), (o), and (s) of section 81-1316, any judge, or any elected official.
Source
Laws 1978, LB 286, § 1;
Laws 2007, LB5, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1347 - Employee suggestion system; Director of Personnel; adopt rules and regulations.

81-1347.
Employee suggestion system; Director of Personnel; adopt rules and regulations.
The Director of Personnel or such director's designated representative is hereby directed to develop and adopt rules and regulations in accordance with sections 81-1346 to 81-1354 for the administration of an employee suggestion system. Consideration of a suggestion shall begin when an eligible employee contacts the director or the director's designated representative with a qualifying suggestion. The employee shall supply and the director or the director's designated representative shall record the employee's name, the date and exact time of day the suggestion is submitted, and a brief description of the suggestion. The names of employees who make suggestions shall be kept confidential unless the employee is granted an award under sections 81-1346 to 81-1354.
Source
Laws 1978, LB 286, § 2;
Laws 2003, LB 307, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1347.01 - Employee suggestion system; annual report.

81-1347.01.
Employee suggestion system; annual report.
The Director of Personnel shall prepare and annually transmit a report detailing the operations of the employee suggestion system, including an accounting of all awards granted, whether the accepted suggestions were implemented, the number of suggestions submitted, and the number of suggestions declined. The reason for declining each suggestion that is declined shall be recorded.
Source
Laws 1993, LB 44, § 17;
Laws 2003, LB 307, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1348 - Suggestion Award Board; created; membership; expenses; rules and regulations.

81-1348.
Suggestion Award Board; created; membership; expenses; rules and regulations.
There is hereby created the Suggestion Award Board. The membership of such board shall consist of the Director of Personnel, the Director of Administrative Services, the Auditor of Public Accounts or his or her designee, and three persons, each to serve a term of three years, selected and appointed by the Governor from the bargaining units listed in section 81-1373, except that the first three appointments made after February 23, 2000, shall be for terms of one year, two years, and three years, as designated by the Governor. Of the persons selected from such bargaining units, one person shall be selected from each of such bargaining units as follows:
(1) The first term from the bargaining units listed in subdivisions (1)(a), (b), and (l) of such section;
(2) The second term from the bargaining units listed in subdivisions (1)(c), (d), and (g) of such section;
(3) The third term from the bargaining units listed in subdivisions (1)(e), (f), and (h) of such section; and
(4) The fourth term from the bargaining units listed in subdivisions (1)(i), (j), and (k) of such section.
After the fourth term, the appointments shall be made starting from subdivision (1) of this section and following the same sequence.
Whenever a vacancy occurs on the board for any reason, the Governor shall appoint an individual to fill such vacancy from the same bargaining unit in which the vacancy exists.
The members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
The board shall adopt and promulgate rules and regulations to aid in carrying out sections 81-1350 and 81-1351.
Source
Laws 1978, LB 286, § 3;
Laws 1993, LB 44, § 15;
Laws 1995, LB 395, § 3;
Laws 2000, LB 654, § 42;
Laws 2017, LB151, § 7;
Laws 2020, LB381, § 114.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1350 - Employee suggestion system; award granted; amount.

81-1350.
Employee suggestion system; award granted; amount.
Any award granted shall be the greater of one hundred dollars or ten percent of the amount of savings referred to in section 81-1353 but not to exceed the limitations provided for in section 81-1351.
Source
Laws 1978, LB 286, § 5;
Laws 1993, LB 44, § 16;
Laws 2007, LB5, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1351 - Employee suggestion system; award granted; limitations.

81-1351.
Employee suggestion system; award granted; limitations.
Any award granted under the provisions of sections 81-1346 to 81-1354 shall be limited to six thousand dollars unless a larger award is recommended by resolution of the Legislature.
Source
Laws 1978, LB 286, § 6;
Laws 2007, LB5, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1352 - Employee suggestion system; approved suggestions; warrants; issued by State Treasurer.

81-1352.
Employee suggestion system; approved suggestions; warrants; issued by State Treasurer.
Notwithstanding any other provisions of law, the State Treasurer shall issue warrants to employees for approved suggestions in accordance with sections 81-1346 to 81-1354.
Source
Laws 1978, LB 286, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1353 - Employee suggestion system; awards; paid from appropriated money saved.

81-1353.
Employee suggestion system; awards; paid from appropriated money saved.
No agency, board, or commission shall receive additional appropriations to carry out sections 81-1346 to 81-1354 except the personnel division of the Department of Administrative Services which shall be allocated funds to administer such sections. All awards shall be made from the amount of appropriated money saved by the suggestions of employees.
Source
Laws 1978, LB 286, § 8;
Laws 1992, Third Spec. Sess., LB 14, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1354 - Employee suggestion system; suggestions; ineligible for award.

81-1354.
Employee suggestion system; suggestions; ineligible for award.
No employee making a suggestion that requires legislative enactment or concerns policies already implemented or which are in the process of implementation by the agency shall be eligible for an award under sections 81-1346 to 81-1354.
Source
Laws 1978, LB 286, § 9;
Laws 2003, LB 307, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1354.01 - Employee rights; not restricted.

81-1354.01.
Employee rights; not restricted.
Nothing in sections 81-1301 to 81-1354 shall prohibit state employees from exercising their rights granted in Chapter 48, article 8, or any other applicable sections of law.
Source
Laws 1987, LB 491, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1354.03 - Training Revolving Fund; created; investment.

81-1354.03.
Training Revolving Fund; created; investment.
There is hereby created the Training Revolving Fund to be administered by the personnel division of the Department of Administrative Services. All funds received by the personnel division for employee training programs shall be remitted by the personnel division to the State Treasurer for credit to the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1994, LB 1006, § 1;
Laws 1995, LB 7, § 123.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1354.04 - Temporary Employee Pool Revolving Fund; created; use; investment.

81-1354.04.
Temporary Employee Pool Revolving Fund; created; use; investment.
There is hereby created the Temporary Employee Pool Revolving Fund. The fund shall be administered by the personnel division of the Department of Administrative Services. The fund shall consist of fees paid for services provided to state agencies by the division in providing temporary employees. The fund shall be used to pay for expenses incurred by the division in providing temporary employees.
Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1994, LB 1194, § 4;
Laws 1995, LB 7, § 124.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1354.05 - Personnel Division Revolving Fund; created; use; investment.

81-1354.05.
Personnel Division Revolving Fund; created; use; investment.
(1) The Personnel Division Revolving Fund is created. The fund shall be administered by the personnel division of the Department of Administrative Services. The fund shall consist of (a) all funds received by the personnel division for employee recognition programs and advertising and (b) assessments charged by the Director of Personnel to state agencies, boards, and commissions for human service management services provided by the division. Such assessments shall be adequate to cover actual and necessary expenses associated with providing the services. The fund shall be used to pay for expenses incurred by the division to provide such services.
(2) State agencies, boards, and commissions shall make the personnel division assessment payments to the fund (a) in one payment no later than August 1 of each year, (b) in two equal payments the first of which shall be made no later than August 1 and the second of which shall be made no later than February 1 of each year, or (c) in four equal payments to be made no later than August 1, October 1, February 1, and April 1 of each year, at the discretion of the personnel administrator.
(3) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2000, LB 654, § 36;
Laws 2015, LB661, § 35.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1355 - Public policy; equal employment opportunity.

81-1355.
Public policy; equal employment opportunity.
It is declared to be in the best interest of the State of Nebraska to insure that historic and any present patterns of sex and racial discrimination are eliminated and that each agency pursue a course of action in all areas of its operation to insure that all citizens are provided with fair and equal opportunities for employment and advancement regardless of race, color, religion, national origin, age, sex, marital status, or physical or mental disability.
Affirmative action shall be taken to insure the implementation of a policy in state government employment which provides equal employment opportunity. Such policy shall apply to:
(1) Hiring, placement, upgrading, transfer, or demotion of employees;
(2) Recruitment, advertising, or solicitation for employment;
(3) Treatment during employment;
(4) Rates of pay or other forms of compensation;
(5) Selection for training;
(6) Layoff, termination, or reinstatement; and
(7) Any other terms or conditions of employment.
Source
Laws 1979, LB 500, § 1;
Laws 1987, LB 491, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1356 - Terms, defined.

81-1356.
Terms, defined.
As used in sections 81-1355 to 81-1368, unless the context otherwise requires:
(1) Equal employment opportunity shall mean the right of all persons to work and to advance on the basis of merit and ability without regard to race, color, religion, national origin, age, sex, marital status, or physical or mental disability;
(2) Affirmative action shall mean a deliberate and sustained effort to identify and eliminate barriers to employment and advancement which may discriminate against various groups. Particular emphasis shall be focused on racial minorities, women, and the disabled but not to the exclusion of the criteria set forth in subdivision (1) of this section. The ultimate goal is to achieve, at all levels, a state government work force which is representative of the state working population. The composition of the state working population shall be determined annually through reports of the Department of Labor. Such a goal is to be an integral part of every aspect of personnel policy;
(3) Office shall mean the Affirmative Action Office;
(4) Program shall mean the Affirmative Action Program;
(5) Agency shall mean each department, agency, office, board, commission, and committee of the State of Nebraska under the executive authority of the Governor;
(6) Plan shall mean the Affirmative Action Plan prepared by the individual agencies; and
(7) Administrator shall mean the Affirmative Action Administrator.
Source
Laws 1979, LB 500, § 2;
Laws 1987, LB 491, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1357 - Affirmative Action Office; created.

81-1357.
Affirmative Action Office; created.
There is hereby created the Affirmative Action Office which shall be within the personnel division of the Department of Administrative Services. The office shall be under the administrative control of the Director of Personnel.
Source
Laws 1979, LB 500, § 3;
Laws 1992, Third Spec. Sess., LB 14, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1358 - Affirmative Action Office; employees.

81-1358.
Affirmative Action Office; employees.
The Affirmative Action Office shall consist of such employees as may be necessary to carry out the purposes of sections 81-1355 to 81-1368.
Source
Laws 1979, LB 500, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1359 - Affirmative Action Administrator; selection.

81-1359.
Affirmative Action Administrator; selection.
The Affirmative Action Administrator shall be selected by the Director of Personnel.
Source
Laws 1979, LB 500, § 5;
Laws 1987, LB 491, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1360 - Affirmative Action Administrator; duties; enumerated.

81-1360.
Affirmative Action Administrator; duties; enumerated.
The administrator shall be the head of the office. The administrator shall be given all necessary top management support to insure that there is compliance with Nebraska's program and shall be provided with sufficient staff and budget support to carry out the duties of the office. The administrator shall:
(1) Have the authority and responsibility for coordinating, directing, and implementing the program;
(2) Adopt and promulgate rules and regulations for the implementation of the agencies' plans;
(3) Provide counseling and technical assistance to the agencies in the development of their plans;
(4) Review agency plans and direct modification to insure the effectiveness of the plans and their compliance with the program;
(5) Monitor the progress of agency plans by establishing reporting forms as required by the program;
(6) Review the quarterly reports of the agencies;
(7) Monitor the progress of the program and report quarterly to the Governor;
(8) Make formal recommendations for legislation, when necessary, in order to make changes in the program;
(9) Serve as liaison between the state and federal compliance agencies;
(10) Plan, coordinate, and conduct training in equal employment opportunity, racial awareness, and concerns of women, the disabled, and aging for all segments of the state government work force;
(11) Coordinate the activities of the agency affirmative action individual in each agency;
(12) Investigate any complaints involving unfair treatment, terms and conditions of employment, or perceived acts or policies involving discrimination;
(13) Conduct contract compliance reviews on all vendors, grantees, and contractors who have programs or projects which are funded in whole or in part by state funds; and
(14) Coordinate the Disadvantage Business Enterprise and Women Business Enterprise programs which are funded in whole or in part by state or federal funds.
Source
Laws 1979, LB 500, § 6;
Laws 1987, LB 491, § 20;
Laws 2012, LB782, § 198;
Laws 2013, LB222, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1361 - Agency; plan; submit; update.

81-1361.
Agency; plan; submit; update.
Each agency shall submit a plan for that agency to the office for review and shall work with the administrator to insure effectiveness of the plan. Each agency shall annually update its plan based on guidelines developed by the administrator.
Source
Laws 1979, LB 500, § 7;
Laws 1987, LB 491, § 21;
Laws 2013, LB78, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1362 - Agency affirmative action individual; appointed.

81-1362.
Agency affirmative action individual; appointed.
The head of each agency with more than ten employees shall appoint at least one individual as agency affirmative action individual for the agency to coordinate equal employment and affirmative action efforts with the office.
Source
Laws 1979, LB 500, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1367 - Affirmative action; cooperation.

81-1367.
Affirmative action; cooperation.
Each agency shall cooperate with the administrator in the performance of his or her duties. The efforts, activities, and results of all directors, managers, and supervisors shall be used in their work-performance evaluations. Directors, managers, and supervisors shall be obligated to prevent harassment of employees involved in the implementation of plans and those hired through affirmative action efforts.
Source
Laws 1979, LB 500, § 13;
Laws 1987, LB 491, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1368 - Agency plan; reviewed; noncompliance; effect; report.

81-1368.
Agency plan; reviewed; noncompliance; effect; report.
Each agency plan shall be reviewed by the office and approved or disapproved after submission. In every case when noncompliance is indicated, efforts shall be made to secure compliance through a corrective action plan. A specific commitment shall be put forth in writing. The commitment shall indicate the precise action to be taken and dates for completion. The time period allowed shall be no longer than thirty calendar days to effect the desired change. If an agency's plan does not comply with the rules and regulations adopted and promulgated by the office or if the agency's goals and timetables are not being met, the office shall meet with the director of the agency to discuss the deficiencies. Agency directors shall take responsibility for all noncompliance within their particular agency. In all cases when such corrective action plan does not resolve the noncompliance, the office shall report such noncompliance to the Governor. Such report shall be in writing and shall be made available to the news media at the same time that it is submitted to the Governor. The Governor shall take appropriate action to resolve the noncompliance elements and issues which were cited by the office.
Source
Laws 1979, LB 500, § 14;
Laws 1987, LB 491, § 23;
Laws 2013, LB78, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1369 - Act, how cited.

81-1369.
Act, how cited.
Sections 81-1369 to 81-1388 shall be known and may be cited as the State Employees Collective Bargaining Act.
Source
Laws 1987, LB 661, § 1;
Laws 2011, LB397, § 19.
Annotations
Public employee bargaining units, created under the State Employees Collective Bargaining Act, must file any petition seeking to decertify an exclusive collective bargaining agent, under the Rules of the Nebraska Commission of Industrial Relations 9(II)(C)(1) (rev. 2015), during the period preceding the commencement of the statutorily required bargaining period in section 81-1379. Nebraska Protective Servs. Unit v. State, 299 Neb. 797, 910 N.W.2d 767 (2018).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1370 - Legislative findings; purpose of act.

81-1370.
Legislative findings; purpose of act.
The Legislature hereby finds and declares that it is the public policy of this state and the purpose of the State Employees Collective Bargaining Act to promote harmonious, peaceful, and cooperative relationships between state government and its employees and to protect the public by assuring effective and orderly operations of government. Such policy is best effectuated by (1) recognizing the right of state employees in bargaining units to organize for the purpose of collective bargaining and (2) requiring state employees represented by an exclusive collective-bargaining agent to negotiate with and enter into written agreements with the Chief Negotiator of the Division of Employee Relations or any other negotiator hired by an employer-representative on matters of wages, hours, and other terms and conditions of employment.
Source
Laws 1987, LB 661, § 2.
Annotations
Where a new right is afforded by statute, one who desires such a statutory right must bring himself or herself within the provision of the statute. State Code Agencies Ed. Assn. v. State, 231 Neb. 23, 434 N.W.2d 684 (1989).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1371 - Terms, defined.

81-1371.
Terms, defined.
For purposes of the State Employees Collective Bargaining Act, unless the context otherwise requires:
(1) Chief Negotiator shall mean the Chief Negotiator of the Division of Employee Relations of the Department of Administrative Services;
(2) Commission shall mean the Commission of Industrial Relations;
(3) Division shall mean the Division of Employee Relations of the Department of Administrative Services;
(4) Employee or state employee shall mean any employee of the State of Nebraska;
(5) Employer or state employer shall mean the State of Nebraska and shall not include any political subdivision thereof;
(6) Employer-representative shall mean (a) for negotiations involving employees of the University of Nebraska, the Board of Regents, (b) for negotiations involving employees of the Nebraska state colleges, the Board of Trustees of the Nebraska State Colleges, (c) for negotiations involving employees of other constitutional agencies, the governing officer or body for each such agency, and (d) for negotiations involving other state employees, the Governor;
(7) Grievance shall mean a management action resulting in an injury, injustice, or wrong involving a misinterpretation or misapplication of applicable labor contracts if so agreed to by the appropriate parties;
(8) Issue shall mean broad subjects of negotiation which are presented to the commission pursuant to section 81-1382. All aspects of wages shall be a single issue, all aspects of insurance shall be a single issue, and all other subjects of negotiations classified in broad categories shall be single issues;
(9) Mandatory topic or topics of bargaining shall mean those subjects of negotiation on which employers must negotiate pursuant to the Industrial Relations Act, including terms and conditions of employment which may otherwise be provided by law for state employees, except when specifically prohibited by law from being a subject of bargaining; and
(10) Meet-and-confer rights shall mean the rights of employees to discuss wages, hours, and other terms and conditions of employment with the appropriate employer-representative but shall not require either party to enter into a written agreement. Employees afforded meet-and-confer rights shall not be entitled to utilize the impasse resolution procedures provided in the State Employees Collective Bargaining Act or to file a petition with the commission invoking its jurisdiction as provided in the Industrial Relations Act for the purpose of obtaining an order or orders under section 48-818. Meet-and-confer rights shall not apply to any bargaining unit other than a supervisory unit.
Source
Laws 1987, LB 661, § 3;
Laws 1992, Third Spec. Sess., LB 14, § 25;
Laws 2011, LB397, § 20.
Cross References
Industrial Relations Act, see section 48-801.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1372 - Act; supplementary to Industrial Relations Act.

81-1372.
Act; supplementary to Industrial Relations Act.
The State Employees Collective Bargaining Act shall be deemed controlling for state employees and state employers covered by such act and is supplementary to the Industrial Relations Act except when otherwise specifically provided or when inconsistent with the Industrial Relations Act, in which case the State Employees Collective Bargaining Act shall prevail.
The State of Nebraska, its employees, employee organizations, and exclusive collective-bargaining agents shall have all the rights and responsibilities afforded employers, employees, employee organizations, and exclusive collective-bargaining agents pursuant to the Industrial Relations Act to the extent that such act is not inconsistent with the State Employees Collective Bargaining Act.
Source
Laws 1987, LB 661, § 4;
Laws 2011, LB397, § 21.
Cross References
Industrial Relations Act, see section 48-801.01.
Annotations
The comparability requirement of the Industrial Relations Act is superseded by the 2-year contract requirement of the State Employees Collective Bargaining Act. State v. State Code Agencies Teachers Assn., 280 Neb. 459, 788 N.W.2d 238 (2010).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1375 - Certified collective-bargaining agents; procedures applicable.

81-1375.
Certified collective-bargaining agents; procedures applicable.
Certified collective-bargaining agents representing bargaining units other than those prescribed in section 81-1373 shall not utilize the impasse procedures provided for in sections 81-1381 to 81-1385 nor file a petition with the commission invoking its jurisdiction as provided in the Industrial Relations Act.
Source
Laws 1987, LB 661, § 7;
Laws 2011, LB397, § 23.
Cross References
Industrial Relations Act, see section 48-801.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1376 - Division of Employee Relations; created; Chief Negotiator; powers and duties.

81-1376.
Division of Employee Relations; created; Chief Negotiator; powers and duties.
There is hereby created within the Department of Administrative Services the Division of Employee Relations to be headed by the Chief Negotiator who shall be appointed by, serve at the pleasure of, and represent the Governor. The Director of Administrative Services may serve as the Chief Negotiator. The division shall be responsible for negotiating and administering all labor contracts entered into by the State of Nebraska, except that the division shall not be responsible for contracts entered into by constitutional offices, the Board of Trustees of the Nebraska State Colleges, and the Board of Regents of the University of Nebraska.
The Chief Negotiator shall for agencies within the jurisdiction of the division:
(1) Negotiate or supervise the negotiations of labor contracts on a statewide basis;
(2) Be responsible for the administration of all collective-bargaining agreements, except that the Chief Negotiator may delegate such responsibility to designated representatives who may be employees of state agencies when the Chief Negotiator deems it appropriate;
(3) Be vested with authority on all mandatory topics of bargaining to negotiate the contracts. Contracts may adjust or change rates of pay and other terms and conditions of employment that are mandatory topics of bargaining pursuant to the Industrial Relations Act and the State Employees Collective Bargaining Act;
(4) Make recommendations to the Governor and Legislature regarding wages, hours, and conditions of employment for all unorganized employees. The recommendations submitted to the Legislature shall be submitted electronically;
(5) Consult with agency and department heads regarding possible terms of labor contracts and administration of agreements when appropriate; and
(6) Manage the day-to-day operations of the division.
The division and the Chief Negotiator may represent any of the constitutional offices in labor contract negotiations and administration of contracts if requested to do so by such offices by resolution of the governing officer or body submitted to the Chief Negotiator and affected collective-bargaining agent and filed with the commission.
The responsibilities for negotiating contracts with employees of the Nebraska state colleges and the University of Nebraska shall not be exercised by the division and the Chief Negotiator. The Board of Regents and the Board of Trustees of the Nebraska State Colleges shall be responsible for negotiating contracts with exclusive collective-bargaining agents for their employees.
Source
Laws 1987, LB 661, § 8;
Laws 1992, Third Spec. Sess., LB 14, § 28;
Laws 1997, LB 314, § 21;
Laws 2012, LB782, § 199.
Cross References
Industrial Relations Act, see section 48-801.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1378 - Computation of dates; effect.

81-1378.
Computation of dates; effect.
(1) The dates indicated in sections 81-1379 to 81-1384 shall refer to those dates immediately preceding the beginning of the contract period for which negotiations are being conducted.
(2) When any date provided in sections 81-1379 to 81-1384 falls on a Saturday, a Sunday, or any day declared by statutory enactment or proclamations of the Governor to be a holiday, the next following day which is not a Saturday, a Sunday, or a day declared by the enactment or proclamation to be a holiday shall be deemed to be the day indicated by such date.
(3) The dates indicated in sections 81-1382 and 81-1383 are jurisdictional. Failure of either party to act in a timely manner shall result in a jurisdictional bar for either the commission or Supreme Court.
Source
Laws 1987, LB 661, § 10;
Laws 2011, LB397, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1379 - Negotiations; when commenced and completed; negotiated agreements; requirements; supplementary bargaining.

81-1379.
Negotiations; when commenced and completed; negotiated agreements; requirements; supplementary bargaining.
The Chief Negotiator and any other employer-representative and the exclusive collective-bargaining agent shall commence negotiations on or prior to the second Wednesday in September of the year preceding the beginning of the contract period, except that the first negotiations commenced by any bargaining unit may commence after such September date in order to accommodate any unresolved representation proceedings. All negotiations shall be completed on or before March 15 of the following year.
All negotiated agreements shall be in writing and signed by the parties. The authority to enter into the agreed-upon contract shall be vested in the following:
(1) For the University of Nebraska, the Board of Regents;
(2) For the Nebraska state colleges, the Board of Trustees of the Nebraska State Colleges;
(3) For other constitutional offices, the head of such office;
(4) For all other agencies, the Governor; and
(5) For the bargaining unit, a majority of those voting on ratification after notice of the contract terms is given and a secret ballot vote has been taken.
Nothing in the State Employees Collective Bargaining Act shall be construed to prohibit supplementary bargaining on behalf of employees in part of a bargaining unit concerning matters uniquely affecting such employees or cooperation and coordination of bargaining between two or more bargaining units. Supplementary bargaining in regard to employees for whom the Governor is the employer-representative shall be the responsibility of the Chief Negotiator and may be assigned to his or her designated representative.
Any agreements entered into pursuant to this section may be adjusted after March 15 only to reflect any order issued by the commission or the Supreme Court.
Source
Laws 1987, LB 661, § 11;
Laws 1991, LB 732, § 149;
Laws 2011, LB397, § 25.
Annotations
Public employee bargaining units, created under the State Employees Collective Bargaining Act, section 81-1369 et seq., must file any petition seeking to decertify an exclusive collective bargaining agent, under the Rules of the Nebraska Commission of Industrial Relations 9(II)(C)(1) (rev. 2015), during the period preceding the commencement of the statutorily required bargaining period in this section. Nebraska Protective Servs. Unit v. State, 299 Neb. 797, 910 N.W.2d 767 (2018).