Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 14 - EMPLOYEE GRIEVANCE PROCEDURE › Section 273-14-008 - GRIEVANCE PROCEDURE AND TIME ALLOWANCES

Current through June 17, 2024
If the agency in the first step fails to respond to the
				  grievant within the specified time period, the grievance shall be considered
				  denied, and the grievant may forward his/her grievance to the next step. If the
				  grievant fails to advance a grievance to any step within the timelines
				  specified, the grievance shall be considered discontinued by the grievant and
				  the matter is considered closed. Time allowances at any step may be extended by
				  mutual agreement of the parties.
008.01
STEP 1 - FORMAL WRITTEN
				GRIEVANCE.
Within 15 work days of the occurrence of the grieved
				action (or from the day the employee could reasonably have known about the
				action) the employee must present an original formal written grievance to the
				agency head or designee. This document must contain 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. The agency head or designee will issue a decision in writing
				within 15 work days.
008.02
STEP 2 - APPEAL TO AGENCY HEAD.
If dissatisfied with
				the resolution of Step 1, and if Step 1 was resolved by a subordinate of the
				agency head, the grievant has 10 work days to appeal the decision to the agency
				head or designee. The agency head will issue a decision in writing within 15
				work days.
008.03
STEP
				3 - APPEAL TO STATE PERSONNEL BOARD.
The grievant may appeal the
				decision of the agency head to the State Personnel Board by filing the appeal
				with the DAS-Employee Relations Division within five work days of receipt of
				the agency head's decision. The original grievance record must be attached to
				the appeal.
008.03(A)
HEARING
				OFFICER/STATE PERSONNEL BOARD HEARING.
The State Personnel Board's
				("Board") scope of review will be to determine whether or not the Personnel
				Rules have been violated and whether the agency's action was taken in good
				faith and for cause. The Board will decide the grievance in question based upon
				the issues presented in the written grievance filed pursuant to the grievance
				procedure. The Board may interpret relevant sections of the Personnel Rules and
				apply them to the particular case presented to it, but the Board has no
				authority to add to, subtract from, or in any way modify the Personnel Rules.
				The Board has the authority to order reinstatement and to award back pay. In
				cases involving discipline, the agency will present its case first and in all
				other cases the grievant will present his/her case first. Hearing officers will
				be appointed by the Board through the DAS-Employee Relations Division.
008.03(A)(i) The Administrator of the
				DAS-Employee Relations Division or their designee has the authority to set time
				limitations for:
(1) The length of time within
				which a hearing officer needs to be chosen;
(2) The amount of time the parties will have
				to present their case (each party will receive the same amount of
				time);
(3) The time within which a
				case needs to be heard after a hearing officer is appointed; and
(4) If allowed, the length of time that will
				be allowed for the parties to submit post hearing briefs.