Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Public Association of Government Employees v. City of Lincoln

Court of Appeals of Nebraska

May 16, 2017

Public Association of Government Employees, appellee.
v.
City of Lincoln, Nebraska, appellant.

         1. Commission of Industrial Relations: Appeal and Error. In reviewing an appeal from the Commission of Industrial Relations in a case involving wages and conditions of employment, an order or decision of the commission may be modified, reversed, or set aside by an appellate court on one or more of the following grounds and no other: (1) if the commission acts without or in excess of its powers, (2) if the order was procured by fraud or is contrary to law, (3) if the facts found by the commission do not support the order, and (4) if the order is not supported by a preponderance of the competent evidence on the record considered as a whole.

         2. Labor and Labor Relations. It is a prohibited practice for any employer, employee, employee organization, or collective-bargaining agent to refuse to negotiate in good faith with respect to mandatory topics of bargaining.

         3. __ . Mandatory subjects of bargaining include the scale of wages, hours of labor, or conditions of employment.

         4. __ . Management prerogatives, such as the right to hire, to maintain order and efficiency, to schedule work, and to control transfers and assignments, are not mandatory subjects of bargaining.

         5. __ . A matter which is of fundamental, basic, or essential concern to an employee's financial and personal concern may be considered as involving working conditions and is mandatorily bargainable even though there may be some minor influence on educational policy or management prerogative.

         6. __ . Ordinarily, mandatory subjects of bargaining must be negotiated between the parties, and as such, an employer may not alter a term or condition of employment unless it has bargained with regard to the issue.

         [24 Neb.App. 704] 7. __ . No bargaining is required before altering a mandatory subject of bargaining if the issue is covered by the collective bargaining agreement.

         8. __ . When parties bargain about a subject and memorialize the results of their negotiation in a collective bargaining agreement, they create a set of enforceable rules-a new code of conduct for themselves-on that subject.

         9. Contracts. Because of the fundamental policy of freedom of contract, parties are generally free to agree to whatever specific rules they like, and in most circumstances it is beyond the competence of the courts to interfere with the parties' choice.

         10. Labor and Labor Relations: Contracts. Where the contract fully defines the parties' rights as to what would otherwise be a mandatory subject of bargaining, the contract will control, and under the contract coverage rule, if the issue was covered by the collective bargaining agreement, then the parties have no further obligation to bargain the issue.

         Appeal from the Commission of Industrial Relations. Affirmed.

          John C. Hewitt, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., for appellant.

          Gary L. Young and Thomas P. McCarty, of Keating, O'Gara, Nedved & Peter, PC, L.L.O., for appellee.

          Moore, Chief Judge, and Inbody and Riedmann, Judges.

          ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.