THE NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES

AFSCME LOCAL 61

Membership Rights Assistance Policy

I.       Preamble

The Nebraska Association of Public Employees, AFSCME Local 61 is dedicated to the protection of individual and collective employment rights of all members. When litigation or grievance representation is the appropriate action to preserve those rights, the available resources of the union will be utilized on behalf of the members.

The term “member” includes the members of the contracted bargaining units who pay dues to the Nebraska Association of Public Employees.  The bargaining units and the respective contracts are:

1.         Collective Bargaining Agreement between Nebraska Association of Public Employees AFSCME Local 61 and State of Nebraska Master Contract:

            Administrative Support

            Administrative Professional

            Maintenance, Trades & Technical

            Health & Human Care Nonprofessional

            Health & Human Care Professional

            Social Services & Counseling

            Engineering, Science & Resources

            Examining, Inspection & Licensing

            Protective Services

2.         Agreement between the Nebraska State Colleges Board of Trustees (Employer) and the Nebraska Association of Public Employees, Local 61, American Federation of State, County and Municipal Employees (NAPE) which includes employees as indicated:

            Chadron State College Support Staff

            Peru State College Support Staff

            Wayne State College Support Staff

3.         Agreement between State of Nebraska the Department of Education and the Nebraska Association of Public Employees/AFSCME, Local 61.

4.         Agreement between the city of Bellevue, Nebraska and the Nebraska Association of Public Employees/AFSCME, Local 61.

5.         Agreement between the County of Richardson, Nebraska (Employer) and the Nebraska Association of Public Employees, Local 61 of the American Federation of State, County and Municipal Employees (hereinafter referred to as the Union), as representative of employees, except  as modified by Article 2, Section 2, employed by the County of Richardson Roads/Highway Department.

6.         Agreement between the City of Beatrice, Nebraska and the Nebraska Association of Public Employees/AFSCME, Local 61.

Local Stewards should be contacted for advice and assistance if a problem occurs.  Professional staff will assist stewards and make all efforts to organize stewards in those areas where stewards are currently unavailable.  NAPE/AFSCME retained staff and legal counsel will be available to members of NAPE/AFSCME and all individuals who occupy positions in certified bargaining units when deemed necessary by the Executive Director or his/her designee.

NAPE Staff and qualified Stewards shall represent individual members as outlined by the grievance procedure or appropriate articles in the applicable contracts, except those cases that involve complex (non-individual) contract interpretation.

No individual will be discriminated against on the basis of race, religious creed, national origin, sex, sexual preference, age, marital status, political affiliation, mental or physical disability.

II.     Eligibility

A.        The union recognizes its responsibility to represent non-members, who occupy positions in certified bargaining units, in the same manner as it represents members; however, non-members will be required to pay actual costs, including but not limited to filing fees, deposition costs, court costs, transcription costs, arbitrator/hearing officer fees and expenses, legal fees and legal services, subject to the provisions of this Article.

B.       When represented by NAPE/AFSCME, union members who occupy positions in certified or non-certified bargaining units and are in good standing prior to the activity which precipitates the grievance or the date being served a statement of charges will not be required to pay for costs which includes but not limited to filing fees, deposition costs, court costs, transcription costs, arbitrator/hearing officer fees and expenses, legal fees and legal services.

C.        An individual requesting representation whom is not a member of NAPE/AFSCME prior to the activity which precipitates the grievance or the date being served a statement of charges and is not a member of a certified bargaining unit shall be required to pay actual costs, including but not limited to the filing fees, deposition costs, court costs, transcription costs, arbitrator/hearing officer fees and expense, legal fees, and legal services.  The above costs shall be in addition to the member’s regular dues.

D.        It is the intent of these guidelines that such fees, costs and expenses shall be paid in advance to the union office, prior to the scheduling of the requested Step 2 Hearing, Step 3 Mini Hearing, Arbitration Hearing or Personnel Board Hearing.  Any additional costs above and beyond shall be billed to the grievant.  If there is an issue that needs to be grieved that affects a large number of bargaining unit members, the union at its discretion may waive non-member fees, but only in very specific instances.

E.        If the individual represented described in paragraph C above, wishes to appeal a grievance from Step 1 to Step 2 of the procedure the individual shall submit a deposit in the amount of $100.00 by check or money order, made payable to NAPE/AFSCME Local 61.  Such funds shall be held in escrow pending completion of the Step 2 Hearing.  The local shall deduct any appropriate fees and expenses of representation from said deposit and refund any remaining funds to the individual represented.  Should the amount in the deposit not be sufficient, the local shall bill any additional fees and expenses incurred during the representation to the individual represented.

F.         If the individual represented described in paragraph C above, wishes to appeal a grievance from Step 2 to Step 3 of the procedure the individual shall submit a deposit in the amount of $500.00 by check or money order, made payable to NAPE/AFSCME Local 61.  Such funds shall be held in escrow pending completion of the Step 3 Mini Hearing process.  The local shall deduct any appropriate fees and expenses of representation from said deposit and refund any remaining funds to the individual represented.  Should the amount in the deposit not be sufficient, the local shall bill any additional fees and expenses incurred during the representation to the individual represented.

G.        f the individual represented described in paragraph C above, wishes to have the grievance appealed to Arbitration or to the State Personnel Board, the individual shall submit a deposit in the amount of $3000.00, by check or money order, made payable to NAPE/AFSCME Local 61.  Such funds shall be held in escrow pending completion of the Arbitration or Personnel Board process.  The local shall deduct any appropriate fees and expenses of representation from said deposit and refund any remaining funds to the individual represented.  Should the amount in the deposit not be sufficient the local shall bill any additional fees and expenses incurred during the representation to the individual represented.

III.    Reasons for Representation

A.        In areas of dismissal or disputes involving contract administration, grievance assistance and/or legal assistance may be provided where facts show that rights under the contract, statutes, or State Personnel Rules and Regulations have been violated and representation is necessary or desirable to protect the rights of all members.

B.        In areas of collective rights and negotiations, representation may be provided when such is required to obtain fulfillment of the statutory and contractual rights of a bargaining unit and its members.

          C.        Representation shall not extend to cases involving discrimination, workers compensation, unemployment compensation or cases where conflicts of interest adversely impact other bargaining unit members.

IV. Reasons for Denial of Representation

A.        The member or bargaining unit retains an attorney without the consent of NAPE/ AFSCME or does not wish to accept the services of a NAPE/ AFSCME retained representative.

B.        The requested service is personal to the member and does not relate to job security, contract maintenance, or collective rights under the Labor Contract, Personnel Rules and Regulations or applicable law.

C.        The facts of the case cannot be supported by competent evidence and it is determined not to have merit or could potentially damage the rights of all members.

D.        The case involves support of a position contrary to the purpose of NAPE/ AFSCME.

E.        The member/unit rejects a settlement proposal or other settlement of the case as recommended by the NAPE/ AFSCME representative or staff member, or otherwise fails to fully cooperate with NAPE/ AFSCME or the NAPE/ AFSCME- retained representative.

F.         The member/unit falsifies information or refuses to provide requested information to the union.

G.        The grievant fails to meet his or her obligations to pay for all fees, costs and expenses stemming from the grievance process and related appellate proceedings pursuant to Section II, Eligibility, of the Membership Rights Assistance Policy and related guidelines.

V.    Request for Legal Review - Court Action

A.        All requests for legal action (except arbitration) shall be in writing. Cases involving employee dismissal will only be processed via the grievance procedure.

B.        Except in cases involving arbitration, the Executive Director is authorized, with advice from Union Legal Counsel, to determine if legal assistance shall be provided. The decision shall be made within five (5) calendar days of receipt of the request and the member notified in writing. If the request is denied, the member shall be informed of the appeals procedure.

C.        Recommendations to arbitrate shall be made in writing by the appropriate staff member after consultation with the grievant and the steward. Such recommendations may be appealed in accordance with the Appeals Panel procedures.

VI.     Appeals Procedure

A.        If a member does not agree with the decision to deny legal services or arbitration representation, a written request for appeal shall be submitted to the Executive Director of NAPE/AFSCME within ten (10) calendar days of receipt of denial letter. Within five (5) calendar days, the Executive Director shall forward the appeal to the Chair of the Appeals Panel or renew representation.

B.        The Chair of the Appeals Panel shall hold a hearing of the Appeals Panel to make a final determination on whether to pursue the legal action or arbitration. The panel hearing shall be scheduled as soon as the appeal panel can meet. The Appeals Panel shall be comprised of three (3) members and three (3) alternates of the NAPE/AFSCME Board of Directors who shall be elected by the Board at the first meeting of the Union year to serve a two-year term. In the event three members cannot be present, an alternate shall be selected by the Chair.

C.        The full Board will receive a concise statement of the merits, and the decision of the Appeals Panel.

D.        In cases where bargaining unit members are affected, only directors from a bargaining unit shall participate on the panel.

VII.    Appeals Hearing Procedure

A.        Three calendar days before the hearing, names and titles of those who will be present to support the rationale of the respective parties shall be exchanged in writing.

B.        At the hearing the member representatives may present the rationale for appeal. The Executive Director, Staff Representative, or Legal Counsel for NAPE/ AFSCME may then present the rationale for denial of representation. The Appeals Panel shall have the right to ask questions at the conclusion of the presentation of either party or at the conclusion of all presentations.

C.        The Appeals Panel may call for an executive session to discuss the testimony.

D.        The Decision of the Appeals Panel shall be final.

E.        Members of the Appeals Panel who feel they have a conflict of interest must:

                        1. Inform the Chair or the Chair's designee of said conflict in writing prior to the hearing;

            and

            2. Not attend the hearing.

It is a duty of each individual member of the Appeals Panel to determine if and when a conflict exists. Should an unanticipated conflict become apparent during the hearing, said member (s) shall excuse themselves from further participation. For purposes of this provision, conflict does not necessarily exist if the member and the Appeals Panel member are from the same agency.

F.         All decisions by the Appeals Panel shall be voted upon in open session.

VIII.    Access to Retained Legal Counsel

Only through following the above detailed procedures shall the Union be responsible for legal and arbitration fees incurred by any member.

IX.      Time-Line - Court Action

All time-lines may be extended by mutual consent of the parties involved. However, some cases must be filed in a timely fashion and all time extensions must be based on this consideration. In some cases appeals will be filed in order to preserve time lines -- such cases shall be subject to representation withdrawal under the above policy.