51-year veteran corrections nurse wins vacation leave grievance
NAPE/AFSCME member Elaine Serrell began her career as a Licensed Practical Nurse with the Nebraska Department of Correctional Services in April 1974. Elaine has been a state employee for so long, she has outlasted her first two worksites. Elaine worked at both the Nebraska State Reformatory until it closed in 1979 and then worked at both the Lincoln Correctional Center and Diagnostic and Evaluation Center. Elaine is now the scheduling nurse at the Reception and Treatment Center (RTC) in Lincoln.
Elaine spends most of her days coordinating patient care for the incarcerated population at RTC. Over her 51 year career, however, Elaine has done it all. She’s been a clinic nurse taking vitals and assessing patients, and has even coordinated outpatient care for incarcerated individuals that needs to be seen outside the institution.
“I really love my job,” said Elaine. “Patient care is so important to me, and I’m glad to have a role in making sure everything is coordinated so people can get the care they need.” That’s why it was a shock when NDCS denied Elaine from rolling over a vacation day after a national day of mourning was declared due to the death of Jimmy Carter.
“I’ve done the same thing for about the past 25 years,” Elaine said. “In late summer I always request vacation time for the week of Thanksgiving and Christmas. In 51 years, I’ve never had a problem until now.” Elaine was approved for vacation leave from December 19 until the end of the year last year. When the governor added an additional holiday, I had an extra day that I couldn’t use by the end of the year, so I just asked to roll it over to this year. I was really surprised when they told me ‘no’.”
Corrections denied Elaine’s request citing its policy that annual vacation rollover requests must be made by November 1 each year. When Elaine pointed out it was impossible to make such a request because of the December designation of the holiday, she was met with silence. So she reached out to her union representative and she filed a grievance.
“I never thought I would file a grievance. But the idea that they would take eight hours of leave I earned didn’t sit right with me,” Elaine said. “So I called my union rep and we decided to file the grievance.” The case went all the way to an arbitration hearing with NDCS continuing to argue that its policy simply didn’t allow such a rollover request to be granted.
The arbitrator took less than twenty four hours to rule in Elaine’s favor, finding that our contract was violated by this unreasonable denial and deferral of Elaine’s leave. “I’m glad that it was made right,” Elaine said. “I know it was kind of a minor thing, but it’s important to stand up for what’s right.”
Elaine joined our union over thirty years ago. “I think one of my fellow nurses told me ‘you need to join,’ so I did it. And I knew it was the right decision. Look at the raises and benefits we’ve been able to negotiate together. I encourage every employee to join our union,” Elaine said.
Even though she has over five decades of state service, Elaine plans to keep on working. “I just love taking care of people. I take care of my sister, and I see my kids whenever I can.”
What did Elaine do with the eight hours of leave the arbitrator reinstated? Of course, she gave it away to help others. “I have so much leave, I love to be able to give it to those in need through the catastrophic leave donation program and the maternity leave donation program. I’m just glad to see it help somebody who needs it.”