Lyons NDOT Worker Paid Back Wages After Grievance Win

Dave Schmeckpeper is a NAPE member and Highway Maintenance Worker who works in northeast Nebraska at the NDOT Lyons Yard. Over the last couple of months, Dave had stepped up to fill in as the Highway Maintenance Crew Chief while a colleague was on leave. When an employee is assigned the duties of a job classification with a higher rate of pay, that employee has the right to be paid for performing those duties. This out-of-class pay is guaranteed by Article 17 of our negotiated contract.
Dave requested to be paid at the higher rate for working as crew chief, but his supervisor continued to give him the runaround. Dave reached out to NAPE for help. Our field services team looked into his situation and was able to determine that the contract had been violated. NAPE filed a grievance on Dave’s behalf, and NDOT agreed the contract had been violated and agreed to pay Dave the out-of-class pay he was owed. In total, Dave received nearly two months of backpay.

NAPE believes all state employees should be fairly compensated for the work they perform. If you are assigned out-of-class duties and you believe your pay is incorrect, we highly encourage you to contact us so we can look into your situation and provide assistance.