Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES
Chapter 14 - GRIEVANCE PROCEDURE
Section 93-14-006 - Grievance Procedure

Universal Citation: 93 NE Admin Rules and Regs ch 14 ยง 006

Current through March 20, 2024

The employee may be 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 shall 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 shall be as follows:

006.01 Step One. Within fifteen (15) workdays of the employee's knowledge of the event or condition which caused the grievance, the grievant shall first request a meeting with the immediate supervisor and the next level of supervision. If an employee is placed on suspension with pay, the workdays within that period are not counted against the fifteen (15) workday time frame. In cases where the next level of supervision is the Deputy Commissioner, then the Director of Human Resources shall attend the meeting as the Deputy Commissioner's designee. At the time the request is made, the employee shall notify the supervisor(s) in writing that the meeting will constitute Step One in the grievance procedure. Within five (5) workdays of the request, the immediate supervisor, next level supervisor, or designee if applicable, and grievant shall meet. The supervisors shall arrive at a response and communicate the same to the grievant, in writing, within four (4) workdays of the meeting. If the response is not satisfactory to the grievant, Step One of the grievance shall be reduced to writing by the employee on the approved form within three (3) workdays of receipt of the supervisors' response and the supervisors shall have five (5) workdays upon receipt of the written grievance to provide the grievant with a written answer. The grievant shall specifically identify the rules, procedures, or policies, as defined in Section 002 of this Chapter, that are contended to be misapplied.

006.01A In cases of disciplinary demotion or disciplinary suspension without pay the grievant shall proceed as specified in Step Four 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 Four 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 shall submit the grievance to the Deputy Commissioner in writing on the appropriate form within ten (10) 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 shall give a written answer within ten (10) 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.

006.01C In cases where an Office Administrator other than the Director of Human Resources was one of the supervisors that was party to the meeting at Step One, Section 006.01 of this Chapter, then the grievant shall skip Step Two below and proceed directly to Step Three within five (5) workdays of the employee's receipt of the written answer to the employee's written grievance described in Section 006.01 of this Chapter.

006.02 Step Two. When the written answer in the preceding step is not satisfactory to the grievant, the grievant may, within five (5) workdays of the receipt of the supervisor's written answer, present the completed grievance form to the appropriate Office Administrator who will give a written response to the grievant within five (5) workdays thereafter. If the next level of supervision above the grievant's supervisor is the Deputy Commissioner, Step Two shall be skipped and the grievant may proceed directly to Step Three by presenting the completed grievance form to the Deputy Commissioner within five (5) workdays of the employee's receipt of the supervisors' written answer in Step One above.

006.03 Step Three. When the response in the preceding step is not satisfactory to the grievant, the grievant may, within five (5) workdays of receiving the response from the appropriate Office Administrator, present the grievance to the Deputy Commissioner by submitting the completed grievance form. The Deputy Commissioner will give a written answer to the grievant within five (5) workdays, thereafter.

006.04 Step Four. 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.

006.04A 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 006.04B of this Chapter.

006.04B 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 006.04A of this Chapter.

006.04C Both parties in a hearing pursuant to Step Four 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.

006.04D 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.

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