Nebraska Association
of Public Employees

NDOT Member Wins Flex Time Grievance

Rhonda Nimmich, a NAPE member and Accountant III at the Department of Transportation, was unreasonably denied the opportunity to flex her work schedule. As a NAPE Member, Rhonda was able to contact her union representative right away to file a grievance.

Rhonda was out sick for half of a day this spring. She clocked back into work shortly after noon and requested that she be allowed to work an additional 45 minutes at the end of her workday as flex time instead of using sick leave. Her supervisor approved the flex schedule, but then requested Rhonda change her clock in time to 1:00 pm. Rhonda declined, as she had properly clocked in at 12:47. Her supervisor then denied the flex schedule as previously approved, and 45 additional minutes of Rhonda’s sick leave was deducted. 

In denying her the ability to flex her schedule, Rhonda’s supervisor stated that “flexing is a privilege.” This is actually not the case. NAPE-covered state employees have a right through Article 7.3 of our contract for agencies to accommodate employees with flex time schedules where practicable, and these requests shall not be unreasonably denied. 

Rhonda filed a grievance with her NAPE union representative alleging that she was unreasonably denied the opportunity to flex her work schedule. They prevailed at Step 1, with the NDOT Personnel Manager determining that the 45 minutes of sick leave that Rhonda was not allowed to flex must be returned to her leave bank.

Remember that, under our contract, flex schedules should be allowed when practicable at your job. If you believe you are being unreasonably denied the opportunity to flex your schedule at work, contact a steward or one of our field representatives right away.

Nebraska Association of
Public Employees