NAPE/AFSCME member Erich Gebers (DHHS, Lincoln) is a familiar face to most employees at the Nebraska State Office Building. For almost five years, Erich has provided administrative support, and has been the friendly welcoming face that visitors see when they check in at the DHHS reception desk.
That’s why it was shocking when Erich’s employment was suddenly terminated by DHHS management without due process. “I love my job, and I love serving the people of Nebraska,” Erich said. “This was so stressful for me, but my union representative went to bat for me, and I’m just so glad it worked out.”
It all began when Erich alerted his management that he would need some time off to deal with a pest infestation at his home. Erich immediately dealt with the issue, and an exterminator came to remedy the situation. Management, however, refused to let Erich return to work.
“I was ready to come back, but they just wouldn’t let me,” Erich said. “That’s when I contacted my union representative.” NAPE/AFSCME Field Representative Billy Stock went to work to assist Erich in getting returned to work, but management terminated Erich’s employment instead.
“I was shocked,” Billy said. “Our union members are entitled to notice and a pre-disciplinary meeting before disciplinary action like termination can be imposed. Since that didn’t happen in Erich’s case, we quickly filed a grievance alleging a violation of our contract.”
DHHS asserted that Erich’s employment was terminated as a “non-misconduct separation” because it could not guarantee that Erich would not inadvertently bring a pest into the office, and because it was a “non-misconduct separation,” Erich was not entitled to due process.
Our union contract has no provision for a “non-misconduct separation,” and a hearing officer agreed that DHHS violated our contract and soundly rejected the DHHS argument. The hearing officer ordered that Erich be reinstated to his position with full back pay, benefits, and wages.
“I’m really thankful that we have such a strong union,” Erich said. “I really felt the support from all of my fellow members, and I’m just happy to get back to work. I really missed seeing and working with everyone.”
If you’re facing an issue in the workplace, be sure to contact your union representative right away for advice and guidance. Our contract has numerous protections, but strict time limits apply to protect your rights.