AHMANN v. NEBRASKA DEPT. OF CORR. SVCS.

No. S-08-888.

767 N.W.2d 104 (2009)

278 Neb. 29

John AHMANN and Nebraska Association of Public Employees AFSCME Local 61, appellees, v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES and the State of Nebraska, appellants.

Supreme Court of Nebraska.

July 2, 2009.


Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Ryan C. Gilbride for appellants.

Dalton W. Tietjen, of Tietjen, Simon & Boyle, Lincoln, for appellees.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


McCORMACK, J.

NATURE OF CASE

The Nebraska Department of Correctional Services (DCS) and the State of Nebraska appeal from the district court's order concluding that DCS terminated John Ahmann's employment without just cause, in violation of their labor agreement. DCS had made the decision to terminate Ahmann's employment after a random drug test showed the presence of marijuana in his system. Because of Ahmann's "spotless" employment record, the fact that...

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