S-17-1278 Betty Jane Bower-Hansen (Appellant) v. Nebraska Department of Health and Human Services, Nebraska Department of Administrative Services and Nebraska State Personnel Board, Administrative Agencies of the State of Nebraska, and the State of Nebraska (Appellees)
Lancaster County District Court, Judge Jodi L. Nelson
Attorneys: Nicholas J. Welding (Norby & Welding LLP, for Appellant) – Douglas J. Peterson, Ryan C. Gilbride (Office of the Attorney General, for Appellees)
Civil: Appeal termination of state employment; Contract dispute
Proceedings Below: The trial court determined Appellant had waived any future appeal of the Notice of Discipline by failing to proceed to the first step of the grievance procedure in a proper manner within the specified time under the SCATA Labor Contract. The trial court determined Appellant’s subsequent grievance appeals were untimely under the SCATA Labor Contract. As a result, the trial court found the Personnel Board correctly dismissed Appellant’s grievance appeal and affirmed its decision.
Issue: Whether grievance procedures must be strictly or liberally construed and whether failure to follow procedural requirements acts as a bar to a grievance concerning termination of employment.