Gerald D. Biby
509 Shugart Street
Beatrice, NE 68310
Home Phone (402) 223-0100

Suzanne Drew, Ombudsman and Director of Employee Relations
University of Nebraska
Department of Human Resources
P.O. Box 880438
Lincoln, NE 68588-0438

RE: Grievances against Dr. Darrell Nelson, others unknown to me at this time

Since our last meeting in December and your letter I have reviewed the UNL procedure for grievances (Excerpts attached as Exhibit I).. In our meeting you stated that step one in the grievance procedure was to investigate and state the other side of the story and nothing more; however, that is not the way the grievance procedure is worded. It states that Human Resource will work to resolve the grievance within ten working days.

Meetings with either Darrell Nelson (or in the prior grievance against Donald Helmuth) and restating their position does not seem to deal with the resolve part of the procedure. The American Heritage Dictionary has several definitions to the word resolve, yet none of them seem to equate to "only interview and restate"

1. To make a firm decision about. 2. To cause (a person) to reach a decision. See Synonyms at decide. 3. To decide or express by formal vote. 4. To separate (something) into constituent parts. See Synonyms at analyze.. 5. To find a solution to; solve. See Synonyms at solve. 7. To remove or dispel (doubts). 8. To bring to a usually successful conclusion: resolve a conflict.

The second area that you and I have disagreed on is the remedies. There is no question in my mind that the grievance procedure allows Human Resources latitude in identifying non-grievable issues. Yet the conflict the presently exists is not about my allegations (issues) but the remedies that I am seeking.

The grievance procedure is very clear on stating that this about a grievance ". . . document will include the basis for the grievance, a specific description of conditions, facts, events, or circumstances upon which the grievance is based, the remedy sought. . ." There is absolutely nothing that says my perception of the grievance remedies can be limited or restricted. And since a grievance is defined as:" . . .as any difference arising between the individual and UNL as to the interpretation or application of written UNL policies, rules, or procedures relating to terms and conditions of employment" my grievance should be accepted as filed.

Therefore please proceed with the last version (Debember 16, 1999) of the grievance against Darrell Nelson. After reviewing the University Grievance Procedure, at it now exists, it does not allow for Human Resources to reject my grievance because of remedies that I requested. The grievance procedure states that "It is not the intent of UNL to deal arbitrarily in employment matters, including those pertaining to corrective action and dismissal. In order to provide fairness and equity in the work place, UNL has established an internal review procedure that is accessible to all regular employees." I can only view the rejection of either my requested remedies or my grievance as being arbitrary and not is the very spirit of fairness and equity under which the grievance procedure was created.

Thank you for your time and reconsideration.

Sincerely,
 

Gerald D. Biby
 

P.S. As you probably already know, Chancellor Moeser, refused to follow the Grievance Committee recommendation in the Donald Helmuth grievance. Instead he elected to follow the recommendations of Mr. Lewis and not take any action against Dr. Helmuth.

cc: State Ombudsman, Terry Ford
Senator Dennis Byars
 

It is not the intent of UNL to deal arbitrarily in employment matters, including those pertaining to corrective action and dismissal. In order to provide fairness and equity in the work place, UNL has established an internal review procedure that is accessible to all regular employees.

For purposes of this policy, a grievance is defined as any difference arising between the individual and UNL as to the interpretation or application of written UNL policies, rules, or procedures relating to terms and conditions of employment. . .

Employees do not have the right to appeal through the UNL grievance process (a) a supervisor's performance evaluation rating, (b) performance-based salary increases or salary determinations dictated through legislative law or prescribed by Regents or human resources policy, or (c) the determination of classification.

Human Resources will determine whether or not an issue may be appealed through the grievance process. If a matter is found, non-grievable, Human Resources will work with the appropriate parties to try to resolve the concern.

Step I The complainant will register the grievance document with Human Resources.

The document will include the basis for the grievance, a specific description of
conditions, facts, events, or circumstances upon which the grievance is based, the
remedy sought, and the signature of the complainant with a mailing address and
telephone number where the complainant can be reached.

The complainant will present the grievance document in person to a representative of
Human Resources to review the issues. This is the first step in the formal grievance
process and must be initiated by the complainant within 20 workdays of the alleged
incident that caused the grievance.

Human Resources will work to resolve the grievance within ten workdays and may
convene a meeting with the complainant and the respondent.

Step 3 If the issue is not resolved in Step 2. . .