This document has been prepared to provide NAPE/AFSCME members with a summary of the changes to the contract as ratified by
NAPE/AFSCME members in all bargaining units except for the Engineering, Science and Resources Bargaining Unit. Details of the
Special Master's ruling, which covers the Engineering, Science and Resources Bargaining Unit, can be found here.
This agreement is the result of negotiations conducted last year between the Union and the State. Throughout the October-
December negotiation process the Union bargaining team introduced proposals and challenged management to agree to changes that focused
on providing incentives for retaining current state employees and recruiting quality individuals to fill vacancies. On the other hand,
management made a few proposals that made improvements for recruitment, but on several issues fell down when it came time for retaining
experienced state employees. Why? Because front line state workers have been "managed" by one relentless principle during the last several
years: more for less.
The members of the Union's bargaining team found these negotiations to be challenging, to say the least. The bargaining team
would like to take this opportunity to thank each and every state worker who supported us, and encourage you and your co-workers to get
involved and begin preparing now for the next round of negotiations. All of us should be
respected and valued.
Health Insurance
Perhaps the greatest challenged faced by the Bargaining
Committee was in the area of health insurance. Late in the
negotiation process, the State proposed that the total state
contribution to health insurance be increased by 5% the first year and
5% the second year. Under the State's proposal employees would
have been responsible for 95% of any increases during the term of the
agreement. More bad news in the State's proposal was no mention of
coverage deductibles, co-insurance or out of pocket maximums. If
the State had prevailed there would have been little incentive for the
State to negotiate the best possible contract with insurance providers
if nearly all of any increase cost would be passed on to you.
The Union faced an uphill struggle in its efforts to maintain
the 79% / 21% premium split. State governments surrounding
Nebraska contribute from 9% to 36% less toward family health
insurance premiums. The Bargaining Committee adamantly refused
to give ground on the premium split percentage because any change
to increase the employee's share would have a huge impact on take
home pay!
With the two sides deadlocked State Senator Dave Landis was asked
to help mediate. The Union Bargaining Team is pleased (and
somewhat relieved) to report that the 2001-2003 contract will
continue to spell out the 79% State/21% employee premium split.
New language in the health insurance clause includes a
provision that establishes a labor/management committee with equal
numbers of participants from the union and management, to oversee
the State's RFP process. The AFSCME International Research
Department that works with state insurance programs throughout the
nation will back up the three NAPE/AFSCME representatives to the
labor/management oversight committee. Workers representing our
union on the committee include Bob Corner, Sandy Stewart and Bob
Mika. The goals of the Union during this process are to alert
employees if there are deviations from the cost projections from the
state consultant (A. Anderson) and call upon the State to bargain as
tough with the insurance companies as it did with its own employees.
Plan Design Changes
Throughout negotiations the State proposed increases to deductibles,
prescription co-pays, out of pocket maximums and co-pays. The
Bargaining Committee resisted and was able to reduce several of the
following Management proposals:
Management Proposal Agreed Increase
Increase annual PPO single deductible $200
by $300 - In network
Increase annual PPO family deductible $400
by $600 - In network
Increase annual single out -of-pocket $400
maximum by $700 - In network
Increase annual family out-of-pocket $800
maximum by $1,400
Increase prescription drug card co-pay for $5
generic drugs by $5
Increase prescription drug card co-pay for $15
name brand drugs by $20
Increase coinsurance after deductible to 20% 20%
Life Insurance: Increase the life insurance policy from $10,000 to
$20,000.
Wages and Other Pay Provisions
One of the Union Bargaining Committee's top priorities was
to resist any attempt by management to dismantle the step pay plan
and to return to a so-called merit pay plan. The Union was successful
in achieving this goal: Why has the Union fought so hard for the step
approach over a merit plan? The merit plan may look good on paper,
but it has never worked well in practice given the layers of
(sometimes untrained) supervisors. The practice by Nebraska state
agencies in the 70's and 80's was: a) artificial limits were placed on
the number of employees that could receive merit raises, only 5-10%
of employees in most agencies received merit increases, and b) the
merit awards sometimes had more to do with favoritism than
performance. The stated goals of merit pay (positive incentives)
turned into divide and conquer management and further undermined
morale and productivity.
Wage Increases
2% July 1, 2001 and 2002 for employees in pay grades 9 and below
1.5% July 1, 2001 and 2002 for employees in pay grade 10 and above
2.5% step increase on January 1, 2002 and 2003 for employees who
are not at or above the maximum step for their pay grade.
Other pay provisions
In addition to the general wage increases the
Committee agreed to additional money to be used to make
adjustments in the hiring rates in hard to recruit classifications and to
provide weekend differential pay for certain workers in 24- hour
facilities. The Union was also able to achieve a provision that
provides meaningful salary increases for employees who are
promoted to position of a higher salary grade.
Recruitment/Retention: $1.3 million was set aside to adjust hiring
rates and to bring all current workers up to the new hiring rates in the
following hard to recruit classifications:
Agency Experiencing
Recruitment/Retention
Difficulty Class New Annual Minimum
Roads Highway Maintenance Worker $20,133.97
Roads Highway Maintenance Worker/Senior $23,154.07
Roads Highway Construction Tech I $19,264.83
Roads Highway Construction Tech II $23,599.42
Roads Highway Construction Tech III $26,909.29
Roads Highway Construction Tech IV $35,413.88
Roads Automotive Mechanic I $18,556.26
Roads Automotive Mechanic II $21,339.70
Roads Automotive/Diesel Mechanic $24,540.66
Roads Automotive/Diesel Mechanic Lead $26,381.21
Corrections Dentist $63,563.00
Corrections Corrections Unit Caseworker $26,877.20
HHSS Youth Security Specialist I $19,866.28
HHSS Youth Security Specialist II $22,746.22
Weekend/Shift Differential
$1.9 million will be used to provide the following classifications with
a weekend/shift differential:
- DPI Developmental Specialist
- DPI Developmental Technician I, II, III
- DPI Mental Health Security Specialist I, II, III
- DPI Psychiatric Specialist
- DPI Psychiatric Technician I, II
- DPI Staff Care Technician I, II
- Licensed Practical Nurse I, II
The Union believes Corrections Youth Security Specialists
should be on this list and is working with HHS and the
State's Chief Negotiator to address this issue.
The following differential rates apply to the above listed
classifications:
- 2nd and 3rd shifts weekdays $1.00
- 1st shift weekends (Saturday and Sunday) and holidays $1.25
- 2nd shift weekends (Saturday and Sunday) and holidays $1.50
- 3rd shift weekends (Friday and Saturday) and holidays $1.50
Food Service Workers I, II, III who work any hours between
6:00 p.m. and 6:00 a.m. shall receive shift differential rates for all
hours worked between those hours. Food Service Workers I, II, III
who work at least three (3) consecutive hours and have any hours
worked between the 6:00 p.m. and 6:00 a.m. time frame shall be
guaranteed a minimum of three (3) hours of 2nd shift differential pay.
For employees who start their shift between 6:00 p.m. and 6:00 a.m.
and do not work three (3) consecutive hours, they will be paid 2nd
shift differential for only the hours worked.
Weekend/shift differential for Nurse I and Nurse II is as follows:
- 2nd and 3rd shifts weekdays $1.50
- 1st shift weekends (Saturday and Sunday) and holidays $2.00
- 2nd shift weekends (Saturday and Sunday) and holidays $2.50
- 3rd shift weekends (Saturday and Sunday) and holidays $2.50
Promotions: A bargaining unit member who is promoted to a
position of a higher salary grade shall have his/her salary increased by
5% for promotions of one salary grade, 7.5% for promotions of two
salary grades, or 10% for promotions of more than two salary grades.
If the bargaining unit member's salary falls between steps in the new
pay grade, the bargaining unit member's salary will be moved to the
closest higher step. The employee's salary shall be at least at the
hiring rate of the new salary grade. In no case, shall the employee be
paid more than the maximum rate of the new salary grade.
Other Changes Agreed To
Article 4: Grievance Procdure
Section 4.1 - Grievances must typed or printed legibly.
Section 4.10 - When appealing a grievance to Step 3, a copy
addressed to the agency head shall be included.
Article 5: Layoffs And Resignations
Section 5.7 - Employees who bump to a lower salary grade in lieu of
a layoff shall have their salary reduced in accordance with Section
11.12.
Section 5.13 - Employees reinstated within 24 months to a position
of their previous classification (held at the time of layoff) shall return
at the step in the pay grade they formerly occupied. This will include
any increase granted during the period of absence.
Sections 5.19 thru 5.21 - A re-employment program will be
implemented for employees who have been laid off. This program
will provide laid -off employees, who are waiting to be recalled to
their former position, will be given priority consideration for State
employment in positions they are qualified for. In order to receive
priority consideration an employee must apply for a position, which is
at the same, or a lower salary grade than the employee's prior
position.
Article 7: Work Schedule
Section 7.11- Mileage Reimbursement - Employees who use their
personal vehicle for work related travel will be reimbursed at the rate
per mile set by the IRS.
Article 9:Transfers, Promotions, And Filling Vacant Positions
Section 9.6 - Moving Allowance - The language has been revised to
reflect what is allowable under IRS guidelines.
Article 10: Discipline Or Investigatory Suspension
Section 10.2 - Reasons for Imposing Disciplinary Action - This
section was contained in a letter of agreement attached to the current
contract. It will now be included in Article 10.
Section 10.3 - Investigatory Suspension or Reassignment - A new
paragraph has been added that allows the Employer to suspend an
employee, with or without pay, who has been charged with a felony
that is directly related to the workplace or which has the potential for
significant impact on, or disruption of, the workplace.
Section 10.7 - No employee shall receive disciplinary action or
unpaid investigatory suspension based solely on the uncorroborated
statements of inmates, students, patients or forensic patients.
Previously this language covered only certain employees.
Article 11 Wages
Section 11.12 - Demotions - An employee who is demoted, either
voluntarily, or as a result of disciplinary action, from a position of a
higher salary grade to a position of a lower salary grade shall have
his/her salary decreased by 5% for demotions of one salary grade,
7.5% for demotions of two salary grades, or 10% for demotions of
more than two salary grades. If an employee's salary falls between
steps, the employee's salary will be moved to the closest step below
the employee's salary. Under no circumstances would the
employee's salary be less than the starting rate of the new salary
grade or greater than 5% above the maximum rate of the new salary
grade.
Article 14: Authorized Leave
Section 14.9 - Catastrophic Illness Donation - Employees who
have completed their original probation are now eligible for
catastrophic leave.
Section 14.15 - Employees returning to work after a break in service
of less than five years shall have their accumulated unpaid sick leave
balance reinstated. (Changed from three years to five).
Section 14.16.1 - Family Leave Eligibility - Employees can use
paid vacation leave or sick leave as part of their 12 weeks of Family
Medical Leave.
Section 14.22 - Adoption Leave - Revised so that the mother
receives the same leave as a natural birth mother and the father of an
adopted child receives the same leave as a natural birth father.
Section 14.23 - Disaster Relief Leave - Employees who are
certified disaster relief volunteers with the American Red Cross may
be granted paid civil leave not to exceed 15 working days in each
calendar year, to participate in specialized disaster relief services in
Nebraska, upon the request of the American Red Cross.
Article 18.3: Health And Safety
Section 18.3 - The Employer shall develop policies for addressing
workplace security and violence issues.
Section 18.7 - Employees operating state vehicles will use extreme
caution if it is necessary to use a cell phone while operating a motor
vehicle.
STATE PROPOSALS THAT WERE NOT AGREED TO
The following list of proposals was presented by the State during contract negotiations in attempt to reduce or
eliminate benefits and rights that you receive. Without a contract the State could make these changes at any time.
Article 4: Grievance Procedure
Section 4.2 - The State proposed eliminating the option of filing
"class action grievances." Current language allows an aggrieved
employee the right to file a grievance on behalf of a class of similarly
situated employees. If this language had been eliminated employees
who were not specifically named in a grievance would not have
benefited from a successful grievance. This proposal was not agreed
to and the language remains unchanged.
(Multiple Sections) The State proposed eliminating the Mini-
hearing process and binding arbitration as the last step of the
grievance procedure, leaving the Hearing Officer/Personnel Board as
the final step in the grievance procedure. The State's Chief
Negotiator informed the Union that this was the Agency Heads'
highest priority change in the bargaining process. This proposal was
not agreed to and the Mini-hearing process and binding arbitration
step remain in the contract.
Article 5: Layoffs And Resignations
Section 5.5.g - The State proposed the elimination of language that
restricts non-bargaining unit employees from bumping into
bargaining positions. Current language only allows non-bargaining
unit employees to bump into a bargaining unit position only if they
occupied a position in the bargaining unit within 48 months
proceeding the layoff. Again this proposal was rejected and the
language remains unchanged.
Article 6: Union Representatives
Section 6.4 - The State proposed reducing the number of paid hours a
Union Steward is allowed from 12 hours per month to 8 hours per
month. This proposal was not agreed to.
Article 7: Work Schedule
Section 7.2 - The State asked for new language that would have
allowed the Employer to transfer an employee to a different shift in
order to monitor an employee's performance. The Union rejected the
State's proposal.
Article 9: Transfers, Promotions, And Filling Vacant Positions
(Multiple Sections, 9.1.1 through 9.1.4) - The State proposed
eliminating the work reassignment opportunity (WRO) process that
allows seniority bidding for lateral transfers within an agency. This
proposal was not agreed to.
Section 9.4 - The State wanted to add language that would permit the
State to place employees who transfer laterally on probation for up to
6 months. This proposal was rejected.
Article 10: Discipline Or Investigatory Suspension
Section 10.2 - The State proposed increasing the number of days an
employee can be suspended without pay during an investigation from
a maximum of 6 days to a maximum of 15 days. The agreement
continues to limit the Employer to a maximum of 6 days.
Article 12: Overtime
Section 12.9 - The State proposed eliminating the provision that
holidays count as time worked for overtime purposes. The Union did
not agree to this proposed change.
Section 12.13 - The State proposed eliminating this entire section
which allows employees not eligible for time and one half overtime to
receive, at the discretion of the Agency Head, straight time
compensation for extra hours worked. This section also guarantees
those employees now receiving compensation to continue to do so.
Article 14: Authorized Leave
Section 14.4 Work on a Holiday - The State proposed limiting
holiday pay to 8 hours for full time employees regardless of the
length of their shift. Example: If your regular shift is 10 hours and
you work 10 hours on a holiday, you would receive holiday pay (1.5
times your normal hourly rate of pay), for only 8 hours, the other 2
hours would be paid at straight time. The Union refused to agree to
this proposal.
Section 14.10 Sick Leave - The State proposed eliminating 4.5 days
from the maximum accrual rate of sick leave thereby capping sick
leave accrual at 13.5 days per year for employees with 6 or more
years of service with the state. The Union rejected this proposal.
Section 14.18 Injury Leave - The State proposed eliminating this
section which provides paid injury leave for employees injured on the
job. Under current law, Worker's Compensation coverage does not
commence until an employee has been unable to work for 5 days.
The injury leave that the state wanted to take away covers this time
and provides employees with paid leave that is not deducted from any
accrued leave such as vacation, sick leave or comp time.
Sample-Impact of Salary Increases
| Corrections Officer |
DPI Staff Care Tech II |
Social Services Worker | Facilities Maintenance Tech II |
| Annual -- Hourly |
Annual -- Hourly | Annual -- Hourly |
Annual -- Hourly |
| Current Step 5 Rate | $23901 -- $11.49 |
$19721 -- $9.48 | $28586 -- $13.74 |
$23011 -- $11.06 |
| 7/1/2001 Increase | $24385 -- $11.72 |
$20115 -- $9.67 | $29015 -- $13.95 | $23471 -- $11.28 |
| 1/1/2002 Step Increase | $24995 -- $12.01 |
$20618 -- $9.91 | $29740 -- $14.30 |
$24058 -- $11.56 |
| 7/1/2002 Increase |
$25495 -- $12.25 | $21030 -- $10.11 |
$30186 -- $14.51 | $24539 -- $11.79 |
| 1/1/2003 Step Increase | $26132 -- $12.56 |
$21556 -- $10.36 | $30940 -- $14.87 |
$25152 -- $12.08 |
|
| 2 Year $ Increase |
$2225 -- $1.07 | $1834 -- $.88 |
$2354 -- $1.13 | $2141 -- $1.02 |
For more information, contact the NAPE office.
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