S-22-0119 State of Nebraska, Department of Health & Human Services (Appellant) v. Nebraska Association of Public Employees, Local #61 of the American Federation of State, County, and Municipal Employees (Appellee)
Appeal from the District Court for Lancaster County, Judge Robert R. Otte
Attorneys: Grant K. Dugdale (Special Asst. Attorney General for Appellant), Dalton W. Tietjen (Tietjen, Simon & Boyle for Appellee)
Civil: Arbitration
Proceedings Below: The trial court denied the Appellant’s application to vacate an arbitration award. On appeal and on its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.
Issues: On appeal, Appellant makes the following assignments of error: 1) The District Court erred when it concluded that the arbitration decision included enough findings of fact and conclusions of law to comply with the Labor Contract and therefore the arbitrator did not exceed his powers; and 2) The District Court erred when it concluded that the arbitrator did not add to or modify the Labor Contract and therefore the arbitrator did not exceed his powers.
S-22-0119 State of Nebraska, Department of Health & Human Services (Appellant) v. Nebraska Association of Public Employees, Local #61 of the American Federation of State, County, and Municipal Employees (Appellee)
Appeal from the District Court for Lancaster County, Judge Robert R. Otte
Attorneys: Grant A. Dugdale (Special Asst. Attorney General for Appellant), Dalton Tietjen (Tietjen, Simon & Boyle for Appellee)
Civil: Arbitration
Proceedings Below: Nebraska Department of Health and Human Services [HHS] and the Nebraska Association of Public Employees [NAPE] entered into a Labor Contract that included a dress code for employees. Employees were allowed to wear causal attire—including jeans. In February 2020, several employees filed a grievance and alleged that they were required to wear business causal clothing (no jeans) Monday through Thursday effective February 7, 2020. Pursuant to the terms of a Labor Contract between HHS and NAPE, the parties agreed to voluntary and binding arbitration. Binding arbitration takes the place of a trial, and in arbitration, the parties present their evidence and arguments to a neutral, third party who then decides the outcome of the case.
After hearing, the arbitrator found in favor of the employees (NAPE). HHS then filed a petition in the District Court for Lancaster County seeking to set aside the decision of the arbitrator. When this request was denied, HHS appealed, and the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.
Both sides have filed briefs in the case. In its brief, HHS argues that the trial court erred because the arbitrator’s decision did not contain detailed findings of fact and conclusions of law. HHS also alleges that the trial court erred when it concluded that the arbitrator did not modify or add to the Labor Contract. The case is now ready for oral argument before the Nebraska Supreme Court.