Kier v. County of Hall
30 Neb. Ct. App. 1
| Neb. Ct. App. | 2021Background
- Melissa Kier worked as a Hall County deputy sheriff; her employment was governed by collective bargaining agreements (CBAs) between Hall County and the Fraternal Order of Police Lodge #10 covering 2016–19 (amended) and 2019–21.
- The CBAs required annual, seniority-based shift bidding but also reserved broad management rights to the sheriff, including the right to transfer, assign, and arrange workforces; transfers required at least 30 days’ notice.
- After moving to night shift in Aug. 2018, Kier accumulated documented performance deficiencies and received reprimands; supervisors decided to transfer her to day shift in May 2019 and gave written 30-day notice.
- During a June 2019 rebid, Sheriff Rick Conrad instructed the union to limit Kier to day-shift positions; Kier and FOP #10 grieved that instruction as violating the shift-bidding provisions.
- The Merit Commission ordered an immediate rebid (permitting Kier full participation) and removal of the letter, but held the sheriff retained the authority to transfer deputies post-bid; the district court affirmed the Merit Commission, and this appeal followed.
Issues
| Issue | Plaintiff's Argument (Kier / FOP #10) | Defendant's Argument (County / Sheriff Conrad) | Held |
|---|---|---|---|
| Whether the sheriff may transfer deputies despite seniority-based shift-bidding | CBA's shift-bidding and specific provisions (emergencies, temporary reassignments, voluntary trades) limit the sheriff’s ability to transfer for performance reasons | Article III of the CBA reserves all management rights not expressly limited, including transfer/assignment rights; CBA also prescribes 30-day notice | Court: CBA, read as whole, gives sheriff right to transfer deputies; 30-day notice was given, so transfer power stands |
| Whether Merit Commission regulations preempt or invalidate the CBAs’ shift-bidding provisions / whether the Commission exceeded its authority | Merit Commission lacked authority to apply or adopt regulations that invalidate or restrict the bargained shift-bidding scheme | District court/County: unnecessary to decide because CBA itself authorizes transfers; Commission’s ruling can be sustained on that ground | Court: did not reach validity of the regulations; affirmed because CBA grants sheriff transfer authority |
Key Cases Cited
- Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (Neb. 2017) (standard of review for administrative agency decisions and review on petition in error)
- Bierman v. Benjamin, 305 Neb. 860, 943 N.W.2d 269 (Neb. 2020) (principles for determining contract ambiguity)
- Equestrian Ridge v. Equestrian Ridge Estates II, 308 Neb. 128, 953 N.W.2d 16 (Neb. 2021) (contracts must be construed as a whole and given effect to every part)
- AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (Neb. 2020) (appellate courts need not decide unnecessary issues)