When Justin Morrell, an Automotive/Diesel Mechanic for the Nebraska Department of Transportation (NDOT) in Gothenburg, received his less-than-satisfactory performance evaluation for 2023, he knew that something wasn’t right. Justin takes pride in his work and hadn’t heard anything from management throughout the year about areas where his performance was allegedly lacking.
Upon reviewing his evaluation, it was clear that Justin’s goals were not in SMART goal format. Additionally, three of the four annual SMART goals were irrelevant to his position as an Auto/Diesel Mechanic.
“The goals that they rated me low on were more managerial responsibilities like developing the workforce and serving customers,” he said.
NDOT later admitted that three of the four goals were outside the scope of Justin’s job responsibilities but maintained that one goal was relevant and should still be scored. Our union successfully argued that NDOT violated our contract when Justin did not get an opportunity to offset his low score on the remaining goal because he had no other SMART goals relevant to his position.
Additionally, our union contract states that management must provide feedback early, often, and appropriately. NDOT did not do so for Justin and he was not afforded the opportunity to improve his performance.
“It was frustrating for me not only because I wasn’t getting the raise, but also because it undermined my work ethic and made me feel unappreciated,” Justin said. “I work hard to make sure that all of our equipment is in good condition. I’m confident in the quality of my work and I believe that my performance throughout the year was more than satisfactory.”
Justin did the right thing by contacting his union representative right away. A grievance was promptly filed on his behalf.
“The process was so easy on my end because my representatives handled everything and always had an answer for me when I called,” he said. “It was nice talking to people who were on my side and who were fighting for me.”
After a hearing, an arbitrator ordered Justin’s 2023 performance evaluation be rated satisfactory, and he received the step pay increase retroactive to July 1, 2024.
“Honestly, I wasn’t sure what to expect and I wasn’t sure we would win it. I thought the State was going to get its way, but when my representative called and told me we won I was blown away. I was probably stoked about it for a week afterward,” he said. “In the end, I hope this helps open some eyes and change the way management does things when it comes to handling performance evaluations this year.”
