Administrative Law: Judgments: Appeal and
Error. A judgment or final order rendered by a
district court in a judicial review pursuant to the
Administrative Procedure Act may be reversed, vacated, or
modified by an appellate court for errors appearing on the
_ . When reviewing an order of a district court under the
Administrative Procedure Act for errors appearing on the
record, the inquiry is whether the decision conforms to the
law, is supported by competent evidence, and is neither
arbitrary, capricious, nor unreasonable.
Contracts. When the terms of a contract are
clear, a court may not resort to rules of construction.
Instead, the terms of the contract are to be accorded their
plain and ordinary meaning.
4. _ .
Courts do not have the power to rewrite a contract to provide
terms contrary to those that are expressed.
5. _ .
It is not the province of a court to rewrite a contract to
reflect the court's view of a fair bargain.
from the District Court for Lancaster County: Jodi L. Nelson,
Nicholas J. Welding, of Norby & Welding, L.L.P., for
Douglas J. Peterson, Attorney General, and Ryan C. Gilbride
Neb. 848] Heavican, C.J., Miller-Lerman, Cassel, Stacy,
Funke, Papik, and Freudenberg, JJ.
the Nebraska Department of Health and Human Services (DHHS)
terminated the employment of Betty Jane Bower-Hansen as a
teacher at the Youth Rehabilitation and Treatment Center in
Kearney, Nebraska, Bower-Hansen sought to challenge the
termination. She initiated grievance proceedings provided by
the governing collective bargaining agreement (CBA). Those
proceedings concluded when the State Personnel Board
(Personnel Board) dismissed her grievance appeals.
Bower-Hansen sought review of that decision in district
court, and the district court affirmed the Personnel
Board's decision. Bower-Hansen now appeals the district
court's decision. We affirm.
3, 2016, Meeting.
facts relevant to this dispute begin with a June 3, 2016,
meeting between Bower-Hansen; John McArthur, the principal at
the treatment center; and LaDene Madsen, the human resources
manager at the center. Bower-Hansen was a member of the
bargaining unit represented by the State Code Agency Teachers
Association (SCATA) at the time, and representatives of SCATA
were also present at the meeting. During the meeting,
Bower-Hansen was issued a notice of discipline advising her
that her employment was terminated for cause, effective
claims that one of her union representatives asked where
Bower-Hansen should file a grievance challenging her
termination of employment and that Madsen said that it should
be filed with Douglas Weinberg, the director of the Division
of Children and Family Services at DHHS. DHHS apparently does
not contest Bower-Hansen's account of the June 3, 2016,
Neb. 849] SCATA Grievance Procedures.
terms and conditions of employment for SCATA members were set
forth in a CBA entered into between SCATA and the State of
Nebraska. Because terms of the CBA are central to the