2006 Nebraska Revised Statutes - § 81-1383 — Special Master\'s ruling; effect; appeal; commission; procedure; standards.

Section 81-1383
Special Master's ruling; effect; appeal; commission; procedure; standards.

(1) The Special Master's ruling shall be binding, except that the Chief Negotiator or any other employer-representative or the certified collective-bargaining agent may appeal an adverse ruling on an issue to the commission on or before March 15. No party shall file an appeal after March 15. No party shall present an issue to the commission that was not subject to negotiations and ruled upon by the Special Master. There shall be no change in the unresolved issues while the appeal is pending.

(2) The commission shall show significant deference to the Special Master's ruling and shall only set the ruling aside upon a finding that the ruling is significantly disparate from prevalent rates of pay or conditions of employment as determined by the commission pursuant to section 48-818. The commission shall not find the Special Master's ruling to be significantly disparate from prevalent rates of pay or conditions of employment in any instance when the prevalent rates of pay or conditions of employment, as determined by the commission pursuant to section 48-818, fall between the final offers of the parties.

(3) If the commission does not defer to the Special Master's ruling, it shall enter an order implementing the final offer on each issue appealed which would result in rates of pay and conditions of employment most comparable with the prevalent rates of pay and conditions of employment determined by it pursuant to section 48-818. Under no circumstances shall the commission enter an order on an issue which does not implement one of the final offers of the parties. Nothing in this section shall prohibit the commission from deferring to the Special Master's ruling if it finds that the ruling would not result in significant disparity with the prevalent rates of pay and conditions of employment as it has determined pursuant to section 48-818.

(4) The commission, the Court of Appeals, or the Supreme Court shall not enter an order for any period which is not the same as or included within the budget period for which the contract is being negotiated.

(5) All items agreed upon during the course of negotiations and not subject to appeal shall, when ratified by the parties, take effect concurrent with the biennial budget period and shall constitute the parties' contract. Upon final resolution of appeals of all unresolved items, the parties shall reduce the orders of the commission, the Court of Appeals, or the Supreme Court to writing and incorporate them into the contract without ratification.

(6) The commission shall complete its deliberations and issue appropriate orders by July 1 or as soon thereafter as is practicable.

(7) The commission shall adopt expedited procedures to assure timely completion of any appeal filed pursuant to the State Employees Collective Bargaining Act.

Source:

Laws 1987, LB 661, § 15

Laws 1991, LB 732, § 150

~Reissue Revised Statutes of Nebraska