NAPE member Tracy Mischke works as a Drivers Licensing Examiner for the DMV in Omaha. In April 2021, Tracy was given a Notice of Allegations (NOA) that claimed she singled out another employee at work via email. However, the NOA did not contain any details or information on the allegations, including the date of the emails, the employee who was allegedly targeted, or a copy of the emails themselves.
Our contract guarantees state employees due process rights in the disciplinary process. This includes a requirement that before being disciplined, employees must be given written notice that describes the allegations in detail so that employees are able to provide justification or explanation for their actions.
Tracy and her NAPE representative requested to be provided with the emails or additional details at the pre-disciplinary meeting, but the agency refused to provide them. As such, Tracy could not effectively respond to the allegations before being disciplined.
Despite being given no information or proof of the allegations, Tracy was disciplined with a three-day unpaid suspension and 6 month disciplinary probation. A grievance was filed, arguing that Tracy was denied the due process rights she is entitled to under our contract. After a hearing was held, the discipline was rescinded, Tracy was paid for the days she was suspended, and she was removed from disciplinary probation.
State employees are entitled to due process rights in the disciplinary process under our contract. If you are ever being disciplined, please contact a NAPE steward or staff member immediately.