Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-007 - Arbitration

Current through June 17, 2024
At the time said appeal is filed pursuant to Step Three, the
				  employee and/or representative and the Commissioner may mutually agree to
				  submit the dispute to voluntary binding arbitration. Otherwise, the dispute
				  will be submitted to the Board in accordance with this Chapter.
007.01 If both parties choose to submit the
				appeal to voluntary binding arbitration, they will sign a waiver within ten
				(10) workdays indicating they acknowledge that the decision of the arbitrator
				is final, except as provided in the Uniform Arbitration Act, and cannot be
				appealed.
007.02 The arbitrator's
				scope of review will be to determine whether or not term(s) of these Personnel
				Rules has/have been violated, and whether the Department's action was taken in
				good faith and for cause. Arbitration hearings will be informal and the rules
				of evidence will not apply. The parties may be represented by attorneys in
				arbitration hearings. In cases involving discipline, the Department will
				present its case first, and in all other cases the employee will present
				his/her case first. The decision of the arbitrator will be final and may not be
				appealed. The arbitrator will decide the grievance in question based upon the
				issues presented in the written grievance filed pursuant to the grievance
				procedure. The arbitrator may interpret relevant provisions of the Personnel
				Rules and apply them to the particular case presented to him/her, but the
				arbitrator will have no authority to add to, subtract from, or in any way
				modify the terms of the Personnel Rules. The fee and expenses of an arbitrator
				will be borne equally by all parties. Arbitrators will be selected from lists
				developed and mutually agreed upon by the parties. If the parties cannot agree
				upon an arbitrator, a method of alternate striking of names will be
				employed.
007.03 The Commissioner
				or the Deputy Commissioner will have the authority to set time limitations for:
				the length of time within which an arbitrator must be chosen; the amount of
				time the parties will have to present their case (each party will receive the
				same amount of time); the time within which a case must be heard after an
				arbitrator is appointed; the length of time that will be allowed for the
				parties to submit post-hearing briefs; and the period of time after a hearing
				within which the arbitrator must enter his/her decision. Post-hearing briefs
				will not be allowed in any case unless the parties and the arbitrator are all
				in agreement as to the need for such briefs.
007.04 The decision of the arbitrator will be
				made in writing within sixty (60) calendar days of the hearing and will include
				findings of fact and conclusions of law. The findings of fact will consist of a
				concise statement of the conclusions upon each contested issue of fact. Parties
				to the proceeding and the Human Resources Office will receive a copy of the
				decision by first class U.S. mail. The arbitrator's decision will become public
				record upon submittal to the parties. If the arbitrator does not render a
				decision within ninety (90) calendar days from the date the arbitration hearing
				was held, a penalty of fifty dollars ($50) per day will be imposed and deducted
				from the arbitrator's fee for each day over ninety (90) calendar days the
				decision is late, until the decision is received. This penalty may only be
				waived upon mutual agreement of the parties.
007.05 Both parties must provide the other
				party and the arbitrator with a listing of all exhibits to be introduced at the
				hearing, a copy of each exhibit, and a listing of individuals that the party
				plans to call as witness(es) in the arbitration/hearing, at least five (5)
				calendar days prior to the hearing. Such requests and/or notice will be
				addressed to the party from which the discovery is sought. Only discovery
				requests which are relevant or would lead to relevant evidence for the
				grievance will be granted; however, in no case will discovery be granted which
				seeks evidence which is recognized as privileged by the Courts of this State.
				Discovery requests must be provided within ten (10) workdays of the receipt of
				the request, unless objections are entered. Objections to discovery will be
				made to the arbitrator, and the arbitrator will consider the matter and issue a
				decision.