Kier v. County of Hall
30 Neb. Ct. App. 1
Neb. Ct. App.2021Background
- Melissa Kier, a Hall County deputy sheriff, was covered by collective bargaining agreements (CBAs) containing an annual shift-bidding provision (seniority-based) and an Article III management-rights clause reserving unspecified rights to the sheriff, including transfers.
- After an August 2018 shift bid Kier moved to night shift; supervisors documented recurring performance deficiencies from August 2018–May 2019.
- In May 2019 Sheriff Rick Conrad informed Kier she would be transferred to day shift (with 30 days’ notice) due to performance; Kier did not grieve that transfer at the time.
- During a June 2019 rebid Conrad directed FOP #10 that Kier should be assigned to a day-shift slot regardless of seniority and limited her rebid scope; Kier and FOP #10 filed a grievance challenging that restriction.
- The Merit Commission held a hearing, ruled Conrad could not restrict Kier from bidding by seniority, ordered an immediate rebid and removal of Conrad’s letter, but also held the sheriff retains the right to transfer deputies between shifts under the CBAs and Commission regulations.
- The district court affirmed the Merit Commission; Kier and FOP #10 appealed. The Court of Appeals affirmed, concluding the CBAs give the sheriff the transfer power and declining to decide the separate question about Merit Commission regulations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CBA shift-bidding provision prevents the sheriff from transferring deputies between shifts | Kier: CBA read as whole prohibits transferring a deputy away from her chosen shift for performance reasons; management rights are limited by other CBA provisions | County: Article III reserves all management rights not expressly limited, including transfers; CBA also prescribes 30-day notice for transfers | Held: Sheriff retains transfer right under Article III; CBA allows transfers with 30 days’ notice and the court gave effect to all provisions |
| Whether Merit Commission regulations override or invalidate the sheriff’s transfer authority under the CBA | Kier: Commission regulations (or Commission’s application) cannot displace valid contractual shift-bid terms or exceed statutory authority | County: (Implicit) Commission regulations govern classified personnel and permit transfers; Commission may apply its rules | Held: Court did not decide the regulatory-authority issue because it resolved the case on the CBA ground—sheriff had transfer authority; Merit Commission’s alternative regulatory analysis was unnecessary |
Key Cases Cited
- Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (2017) (standard for judicial review of administrative agency decisions and sufficiency of evidence)
- Bierman v. Benjamin, 305 Neb. 860, 943 N.W.2d 269 (2020) (contract ambiguity rules and when extrinsic evidence is permitted)
- Equestrian Ridge v. Equestrian Ridge Estates II, 308 Neb. 128, 953 N.W.2d 16 (2021) (contracts must be construed as a whole and every part given effect)
- AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020) (appellate courts need not decide unnecessary issues)