When management ignores or violates our contract, we use our negotiated grievance procedure to enforce our members’ rights. In calendar year 2022, NAPE/AFSCME filed 116 formal grievance actions alleging violations of our labor contract.
The grievance process can be quick or slow, depending on the nature of the case, as well as whether the union or management chooses to appeal decisions to the next level. All 116 cases filed in 2022 have now been resolved, and NAPE/AFSCME members prevailed in 94% of the cases filed! This either means that the agency or State of Nebraska took responsibility for the violation, settled the case in our member’s favor, or an arbitrator, hearing officer, or judge ordered resolution in our member’s favor.
A grievance is an alleged violation of our union contract. Violations can involve any article of the contract, including imposing disciplinary action without just cause or without recognizing progressive discipline. Grievances filed in 2022 involved the following violations:
Disciplinary action – 14
Salary – 14
Leave denial – 14
Termination of employment – 13
Overtime pay – 12
Call back pay – 10
Evaluations – 8
Application of policies – 5
Out of class pay- 5
Promotion denial – 5
Schedule changes – 5
Original probation extension – 3
Insurance – 1
Transfer – 2
Bullying/Threatening behavior – 2
Mileage reimbursement – 1
Discrimination – 1
Safety – 1
When a NAPE/AFSCME member wins a grievance, the agency must make the employee whole, as if the violation never happened. Sometimes this is a direct action to remedy the violation, such as a promotion or a transfer to a new location. In disciplinary cases, it often involves back wages and benefits.
In 2022, NAPE/AFSCME was able to recover more than $250,000 on behalf of our members, and over the past two years have recouped more than $1,000,000. If you find yourself in a situation where you think our contract may have been violated, be sure to contact us right away for advice and assistance. Strict time limits apply to file a grievance, so don’t delay!