Section 93-14-006 - Grievance ProcedureThe employee maybe accompanied at any step of the grievance procedure by a representative of the employee's selection. The Department may also be accompanied by a representative at any step. A grievance form will be provided by the Department and made available to each and every employee upon request. This form is reproduced in Appendix A of this Title. No employee will be denied the right to a grievance hearing by reason of the employee's failure to properly fill out or fully complete the grievance form. However, a signed grievance form must be utilized in order to file a grievance. The Grievance Procedure will be as follows:
006.01Step One. Within fifteen (15) workdays of the employee's knowledge of the event or condition which caused the grievance, the grievant will present the completed grievance form to the Office Administrator. If an employee is placed on suspension with pay, the workdays within that period are not counted against the fifteen (15) workday time frame. Within fifteen (15) workdays after receiving the completed grievance form, the supervisor. Office Administrator, or designee if applicable, and grievant will meet to discuss the grievance and attempt to resolve the matter, and the Office Administrator will arrive at a response and communicate the same to the grievant in writing.006.01A In cases of disciplinary demotion or disciplinary suspension without pay the grievant will proceed as specified in Step Three of this procedure by filing an appeal to the Board without having to convene the meeting described in Section 006.01 of this Chapter. The appeal to the Board referred to in Step Three below must be filed with the Commissioner, in writing on the appropriate form, within fifteen (15) workdays of the grievant's receipt of the Deputy Commissioner's suspension order or disciplinary demotion approval.006.01B In cases of administrative probation, the grievant will submit the grievance to the Deputy Commissioner in writing on the appropriate form within fifteen (15) workdays of the date of the receipt of the notice described in Chapter 13, Section 004.03, of this Title without having to convene the meeting described in Step One. The Deputy Commissioner will give a written answer within fifteen (15) workdays of receipt of the grievance. If a resolution to the grievance is not reached, the employee may proceed as specified in Step Four of this procedure within fifteen (15) workdays of the receipt of the Deputy Commissioner's answer.006.02Step Two. When the written answer in the preceding step is not satisfactory to the grievant, the grievant may, within fifteen (15) workdays of the receipt of the Office Administrator's written answer, appeal the decision to the Deputy Commissioner in writing. The Deputy Commissioner will give a written response to the grievant within fifteen (15) workdays thereafter. The Deputy Commissioner may hold a meeting with the grievant in order to better understand the facts and circumstances before rendering a decision.006.03Step Three. If a resolution to the grievance is not reached, the grievant may, within fifteen (15) workdays after receipt of the Deputy Commissioner's decision, appeal the grievance to the Board. The appeal at this level will be directed to the Commissioner as Secretary of the Board. This appeal will include the filing of the grievance form as described in Section 006.01 of this Chapter. 006.03A Within ninety (90) calendar days after receiving the appeal, the Commissioner will place the matter on the agenda of a meeting of the Board for a determination on if the Board or a hearing officer will conduct the hearing in accordance with Section 006.03B of this Chapter.006.03B The Board may elect to conduct the hearing or may designate that a hearing officer, not an employee of the Department, conduct a hearing and recommend a decision to the Board. The employee will be notified of the Board's determination of who will conduct the hearing and the time and place of the hearing. In cases in which the Board elects to have a hearing officer conduct the hearing, the hearing officer will cause a complete record to be made of all evidence offered at the time of the hearing. The hearing officer will prepare written findings of fact and recommend a decision to the Board. The hearing officer will deliver these findings of fact and recommendation to the Board together with a complete transcript of all evidence offered at the time of the hearing. Hearings will be conducted in accordance with Title 92, Nebraska Administrative Code, Chapter 61. The hearing will take place within ninety (90) calendar days of the Board meeting at which the matter appeared on the agenda under Section 006.03A of this Chapter.006.03C Both parties in a hearing pursuant to Step Three may present witnesses, and these witnesses will be subject to cross examination. If the witness is an employee of the Department, he/she will be paid for those hours outside his/her normal hours of work.006.03D The Board may affirm, modify, or reverse the decision of the Deputy Commissioner. The Board will notify, in writing, the aggrieved employee of the Board's decision within a reasonable time period.93 Neb. Admin. Code, ch. 14, § 006
Amended effective 11/4/2015.Amended effective 7/5/2017.Amended effective 12/1/2018Amended effective 12/2/2018Amended effective 6/2/2024