Section XV-9, Controversies between employers and employees; industrial commission; appeals.
Laws may be enacted providing for the investigation, submission, and determination of controversies between employers and employees in any business or vocation affected with a public interest and for the prevention of unfair business practices and unconscionable gains in any business or vocation affecting the public welfare. An Industrial Commission may be created for the purpose of administering such laws, and appeals shall be as provided by law.
Neb. Const. art. XIV, sec. 9 (1920);
Adopted 1920, Constitutional Convention, 1919-1920, No. 38;
Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 9;
Amended 1990, Laws 1990, LR 8, sec. 1.
The Court of Industrial Relations, now Commission of Industrial Relations, has jurisdiction over the University of Nebraska based on this section in conjunction with sections 48-801 to 48-838, R.R.S.1943. University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).
Whenever there is an industrial dispute between U.N.L. and its employees, this section of the Constitution of Nebraska and the provisions of sections 48-801 to 48-838, R.R.S.1943, come into play towards the resolution of the dispute. University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).
The statutes which give the Court of Industrial Relations jurisdiction over public employees are not unconstitutional. American Fed. of S., C. &M. Emp. v. Department of Public Institutions, 195 Neb. 253, 237 N.W.2d 841 (1976).
The power of the Legislature to create a body with power to deal with labor relations of governmental entities and departments does not depend upon Article XV, section 9, of the Nebraska Constitution, but it exists by virtue of Article III, section 1. Orleans Education Assn. v. School Dist. of Orleans, 193 Neb. 675, 229 N.W.2d 172 (1975).
This section is an independent part of the Constitution. The Court of Industrial Relations is an agency within the purview of the Administrative Procedures Act with certain legislative and judicial powers. School Dist. of Seward Education Assn. v. School Dist. of Seward, 188 Neb. 772, 199 N.W.2d 752 (1972).
In the absence of evidence disclosing that it is confiscatory, an act regulating fees employment agencies may charge will be presumed to have been enacted on the factual situation contemplated by this section. State ex rel. Western Reference &Bond Assn. v. Kinney, 138 Neb. 574, 293 N.W. 393 (1940).
Home rule charter city selling gasoline and oil does not violate constitutional provisions relating to control of businesses affecting public welfare. Standard Oil Co. v. City of Lincoln, 114 Neb. 243, 207 N.W. 172 (1926).
© 2024 Justia