Public Association of Government Employees, appellee.
City of Lincoln, Nebraska, appellant.
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.
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
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
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.
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.
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
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
from the Commission of Industrial Relations. Affirmed.
C. Hewitt, of Cline, Williams, Wright, Johnson &
Oldfather, L.L.P., for appellant.
L. Young and Thomas P. McCarty, of Keating, O'Gara,
Nedved & Peter, PC, L.L.O., for appellee.
Chief Judge, and Inbody and Riedmann, Judges.