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Nebraska Association of Public Employees/AFSCME Local 61
5625 O Street Suite 3, Lincoln NE 68502
Phone: 402/486-3911 or 1/800/522-NAPE . Fax: 402/486-3924

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Special Master's Ruling for State Employees
in the Engineering, Science, and Resources Bargaining Unit

During ratification meetings conducted the first week of January, members voting in the Engineering, Science, and Resources Bargaining Unit cast their votes 45% for ratification and 55% against. Based upon this democratic decision, our union developed and presented to the State a last best offer. The State in turn developed and presented its last best offer not only on pay, but also sick leave, overtime, holidays, the respect and dignity clause and several other contractual issues. Following the process contained in state law, the Union and the State submitted all the unresolved issues to a Special Master, (commonly referred to as a fact finder). The law requires the Special Master to "choose the most reasonable final offer on each issue in dispute." Peter Feuille, the Special Master selected by NAPE/AFSCME and the State held a hearing on February 2, 2001 and on February 14, issued a split decision. Feuille ruled for the Union's amended final offer on wages and other issues, and ruled for the State on sick leave and other benefits. The following summaries pertain only to the members of the Engineering, Science, and Resources Bargaining Unit and cover the issues that were submitted to the Special Master. Changes to other issues, like health insurance, are covered by the master agreement and reported on elsewhere on this site.

Wages

The Special Master found the following Union proposal on wages to be the most reasonable.
2.75% increase for all employees on July 1, 2001
3.00 % increase for all employees on July 1, 2002
2.5% step increase on January 1, 2002 and 203 for employees who not at or above the maximum step for their pay grade.
Additionally, the Special Master agreed with the Union that six classifications that are most below market according to both sides' external comparisons should receive special adjustments. The adjustments will be achieved by eliminating either one step (Chemist II), two steps (Environmental Engineer II and III), or three steps (Architect I and II and Game and Parks Recreational Planner) from the start of the classification's pay grade, adding an equal number of steps to the end of the classification's pay grade, and then ensuring that the employees in these classifications will be placed at the same step in the new pay grade that they occupied in the old pay grade.
The result will be that employees in classifications receiving a special one-, two-, or three-step adjustment in this manner will receive an additional 2.5, 5.0, or 7.5 percent increase, respectively on July 1, 2001.

The State had proposed eliminating the step pay plan contained in the current contract and establishing only a minimum and maximum salary rate for each classification. The State also proposed a 4% increase to each employee on January 1, 2002, and another 4% increase to each employee on January 1, 2003.

Article 1: Preamble
Section 1.6 - The State proposed eliminating this section from the contract. This section currently provides that the Agency shall ensure "that all employees are equally treated with respect and dignity and are afforded the right of privacy when being counseled on performance issues."
The Special Master ruled against the State and the language will remain in the contract.

Article 2: Recognition and Union Security
Section 2.12 - Contained in this section is language that allows the Union access to the State's e-mail system to send Union notices to state employees. The State proposed elimination this language and the Special Master agreed with the State on this matter.

Article 5:Layoffs and Resignations
Sections 5.19-5.21 - The Union proposed a re-employment program be implemented for employees who have been laid off. This program will provide laid-off employees, who waiting to be recalled to their former position will be given priority consideration for State employment in positions they are qualified for. Even though the State agreed to this language for the other bargaining units, it proposed that no layoff pool language be included in the agreement for the Engineering, Science, and Resources Bargaining Unit. The Special Master ruled in the Union's favor and the language will be included.

Article 7: Work Schedule
Section 7.13 - Governor Appointed Committees - The State proposed to eliminate this section of the current contract which addresses working conditions for employees appointed by the Governor to committees, boards, or other bodies. This provision provides that the time spent at meetings, including travel time shall be considered hours worked. The Special Master ruled against the State and the language will remain in the agreement.

Article 12: Overtime
Section 12.9 - The Special Master ruled in favor of the State's proposal to eliminate the first sentence of this section that requires that holidays be considered as work hours for overtime purposes.

Article 14: Authorized Leave
Section 14.1 - Holidays - The State proposed deleting Columbus Day as a paid holiday for employees in the Engineering, Science, and Resources Bargaining Unit. The Special Master ruled against the State and Columbus Day will continue to be observed as a holiday by all state employees.
Section 14.10 - Sick Leave - The State proposed and the Special Master agreed to change the schedule for earning sick leave. All employees in the Engineering, Science, and Resources Bargaining Unit will earn 13.5 days of sick leave per year effective July 1, 2001.
Section 14.18 - Injury Leave - The State proposed eliminating this section which provides paid injury leave for employees who are injured on the job. The Special Master ruled against the State and this provision will remain in the contract.
Section 14.25 - Advancement of Leave - The State proposed eliminating this section, which allows an Agency Head to advance vacation and sick leave to employees. The Special Master ruled against the State.

Article 19: Classification Appeals
Sections 19.7-19.11 - The Special Master ruled against the State's proposal to delete these sections, which creates the "Classification Appeal Panel." If the State had prevailed on this proposal the State Personnel Director would have had the final say in classification appeals.

For more information, contact the NAPE office.

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