2006 Nebraska Revised Statutes - § 48-811 — Commission; filing of petition; effect.

Section 48-811
Commission; filing of petition; effect.

Except as provided in the State Employees Collective Bargaining Act, any employer, employee, or labor organization, or the Attorney General of Nebraska on his or her own initiative or by order of the Governor, when any industrial dispute exists between parties as set forth in section 48-810, may file a petition with the Commission of Industrial Relations invoking its jurisdiction. No adverse action by threat or harassment shall be taken against any employee because of any petition filing by such employee, and the employment status of such employee shall not be altered in any way pending disposition of the petition by the commission.

Source:

Laws 1947, c. 178, § 11, p. 590

Laws 1969, c. 407, § 4, p. 1408

Laws 1987, LB 661, § 24

Cross References:

State Employees Collective Bargaining Act,see section 81-1369.

Annotations:

The statutory words employment status mean that no employer may without cause change an employee's status as an employee under this section, pending disposition of the petition. Transport Workers v. Transit Auth. of Omaha, 216 Neb. 455, 344 N.W.2d 459 (1984).

Prior to its amendment, this section did not give the Commission of Industrial Relations jurisdiction to generally find and declare what is known elsewhere in labor law as "unfair labor practices". University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).

Labor organization organized under provisions of the act may file a petition with the Court of Industrial Relations when industrial dispute exists between the parties as set forth in section 48-810, R.S.Supp.,1969. Mid-Plains Education Assn. v. Mid-Plains Nebraska Tech. College, 189 Neb. 37, 199 N.W.2d 747 (1972).

~Reissue Revised Statutes of Nebraska