Chapter 48 — LABOR
917 sections in this chapter.
Neb. Rev. Stat. § 48-801.01 Act, how cited.
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Sections 48-801 to 48-839 shall be known and may be cited as the Industrial Relations Act.
Neb. Rev. Stat. § 48-802 Public policy.
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To make operative the provisions of section 9, Article XV, of the Constitution of Nebraska, the public policy of the State of Nebraska is hereby declared to be as follows: (1) The continuous, uninterrupted and proper functioning and operation of the governmental service including…
Neb. Rev. Stat. § 48-803 Commission of Industrial Relations; created.
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In order to carry out the public policy of the State of Nebraska as set forth in section 48-802, there is hereby created an industrial commission to be known as the Commission of Industrial Relations.
Neb. Rev. Stat. § 48-804 Commissioners, appointment, term; vacancy; removal; presiding officer; selection; duties; quorum; applicability of law.
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(1) The Commission of Industrial Relations shall be composed of five commissioners appointed by the Governor, with the advice and consent of the Legislature. The commissioners shall be representative of the public. Each commissioner shall be appointed and hold office for a term o…
Neb. Rev. Stat. § 48-804.01 Presiding officer; clerk; personnel; appointment; duties.
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The presiding officer of the commission shall, with the advice and consent of the Governor, appoint a clerk of such commission who shall hold office at the pleasure of the commission. The presiding officer shall in like manner appoint such other assistants and employees as he or …
Neb. Rev. Stat. § 48-804.02 Clerk, employees; salaries; approval by Governor; expenses.
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The clerk and all other assistants and employees of the commission shall receive such salaries as the commission may with the approval of the Governor determine, but not to exceed the amount of the appropriation made for such purpose. Such salaries shall be payable in the same ma…
Neb. Rev. Stat. § 48-804.03 Clerk; bond or insurance; oath.
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The clerk of the Commission of Industrial Relations shall be bonded or insured as required by section 11-201 before entering upon or discharging any of the duties of his or her office. Such clerk shall, before entering upon the duties of his or her office, take and subscribe the …
Neb. Rev. Stat. § 48-805 Commissioners; qualifications.
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The commissioners shall not be appointed because they are representatives of either capital or labor, but they shall be appointed because of their experience and knowledge in legal, financial, labor, and industrial matters.
Neb. Rev. Stat. § 48-806 Commissioner; compensation; expenses.
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As soon as the same may be legally paid under the Constitution of Nebraska, the compensation of each commissioner shall be four hundred seventy-five dollars per day for each day's time actually engaged in the performance of the duties of his or her office. Each commissioner shall…
Neb. Rev. Stat. § 48-807 Commission; office; location; records.
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The Commission of Industrial Relations may have its office at the Capitol in the city of Lincoln or such other location as the commission may, with the approval of the Governor, determine. It shall keep a record of all of its proceedings, which shall be a public record and subjec…
Neb. Rev. Stat. § 48-808 Reporter; duties.
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The commission may also appoint a reporter to report and transcribe in duplicate all testimony given in hearings and trials before the commission and file such testimony with the commission. The commission shall certify and transmit one copy to the Clerk of the Supreme Court in a…
Neb. Rev. Stat. § 48-809 Commission; powers.
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The commission may adopt all reasonable and proper regulations to govern its proceedings, the filing of pleadings, the issuance and service of process, and the issuance of subpoenas for attendance of witnesses, may administer oaths, and may regulate the mode and manner of all its…
Neb. Rev. Stat. § 48-810 Commission; jurisdiction.
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Except as provided in the State Employees Collective Bargaining Act, industrial disputes involving governmental service, service of a public utility, or other disputes as the Legislature may provide shall be settled by invoking the jurisdiction of the Commission of Industrial Rel…
Neb. Rev. Stat. § 48-810.01 State or political subdivision; exempt from contract with labor organization.
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Notwithstanding any other provision of law, the State of Nebraska and any political or governmental subdivision thereof cannot be compelled to enter into any contract or agreement, written or otherwise, with any labor organization concerning grievances, labor disputes, rates of p…
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-811 Commission; filing of petition; effect; change in employment status, wages, or terms and conditions of employment; motion; hearing; order authorized; exception.
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(1) Except as provided in the State Employees Collective Bargaining Act, any public employer, public 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 a…
Neb. Rev. Stat. § 48-811.01 Docket fee; disposition.
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Any person who files a petition with the Commission of Industrial Relations pursuant to section 48-811 shall, at the time of such filing, pay a docket fee of one hundred dollars to the clerk of such commission. All fees so collected shall be deposited in the state treasury and by…
Repealed. Laws 2011, LB 397, § 35.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-812 Commission; proceedings; appeal.
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Except as modified by the commission under section 48-809 or the other provisions of the Industrial Relations Act, proceedings before the commission shall conform to the code of civil procedure applicable to the district courts of the state and appeals from its final orders shall…
Neb. Rev. Stat. § 48-813 Commission; notice of pendency of proceedings; service; response; filing; final offer; included with petition; included with answers; procedure; exception; hearing; waiver of notice.
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(1) Whenever the jurisdiction of the commission is invoked, notice of the pendency of the proceedings shall be given in such manner as the commission shall provide for serving a copy of the petition and notice of filing upon the adverse party. A public employer or labor organizat…
Neb. Rev. Stat. § 48-814 Commission; employees; compensation.
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The Commission of Industrial Relations may employ such expert accountants, engineers, stenographers, attorneys, and other employees as the commission finds necessary. Officers and employees of the commission, whose salaries are not fixed by law, shall be paid such compensation as…
Neb. Rev. Stat. § 48-815 Commission; seal; attendance of witnesses and parties; subpoena.
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The commission shall provide itself with a proper seal and shall have the power and authority to issue subpoenas and to compel the attendance of witnesses and parties and to compel the production of relevant books, correspondence, files, records, and accounts of any person, corpo…
Neb. Rev. Stat. § 48-816 Preliminary proceedings; commission; powers; duties; collective bargaining; posttrial conference.
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(1)(a) After a petition has been filed under section 48-811, the clerk shall immediately notify the commission which shall promptly take such preliminary proceedings as may be necessary to ensure prompt hearing and speedy adjudication of the industrial dispute. The commission may…
Neb. Rev. Stat. § 48-816.01 Hearing officer; appointment; when.
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The presiding officer of the commission may, when he or she deems it necessary to expedite the determination of cases filed with the commission, appoint a hearing officer to hear evidence and make recommended findings and orders in any case or to make recommended determinations a…
Neb. Rev. Stat. § 48-816.02 Temporary relief; initial hearing; when held.
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In any request for temporary relief under the Industrial Relations Act, the commission shall mandatorily hold the initial hearing within ten days from the date of the filing.
Neb. Rev. Stat. § 48-817 Commission; findings; decisions; orders.
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After the hearing and any investigation, the commission shall make all findings, findings of fact, recommended decisions and orders, and decisions and orders in writing, which findings, findings of fact, recommended decisions and orders, and decisions and orders shall be entered …
Neb. Rev. Stat. § 48-818 Commission; findings; order; powers; duties; orders authorized; modification.
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(1) Except as provided in the State Employees Collective Bargaining Act, the findings and order or orders may establish or alter the scale of wages, hours of labor, or conditions of employment, or any one or more of the same. In making such findings and order or orders, the commi…
Neb. Rev. Stat. § 48-818.01 School districts, educational service units, and community colleges; collective bargaining; timelines; procedure; resolution officer; powers; duties; action filed with commission; when; collective-bargaining agreement; contents.
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(1) The Legislature finds that it is in the public's interest that collective bargaining involving school districts, educational service units, and community colleges and their certificated and instructional employees commence and conclude in a timely fashion consistent with scho…
Neb. Rev. Stat. § 48-818.02 School district, educational service unit, or community college; total compensation; considerations.
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When determining total compensation pursuant to subsection (1) of section 48-818 for a school district, educational service unit, or community college with their certificated and instructional employees, the commission shall consider the employer's contribution to retirement plan…
Neb. Rev. Stat. § 48-818.03 School district, educational service unit, or community college; wage rates; commission; duties; orders authorized.
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When establishing wage rates pursuant to subsection (1) of section 48-818 for a school district, educational service unit, or community college with their certificated and instructional employees, the commission shall determine whether the total compensation of the members of the…
Neb. Rev. Stat. § 48-819 Commission; orders; effect; contempt.
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Orders, temporary or final, entered by the Commission of Industrial Relations shall be binding on all parties involved therein and shall be deemed to be of the same force and effect as like orders entered by a district court and shall be enforceable in appropriate proceedings in …
Neb. Rev. Stat. § 48-819.01 Commission; power to make findings and enter orders; when.
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Whenever it is alleged that a party to an industrial dispute has engaged in an act which is in violation of any of the provisions of the Industrial Relations Act, or which interferes with, restrains, or coerces employees in the exercise of the rights provided in such act, the com…
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-821 Public service; interference; coercion; violation; penalty.
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It shall be unlawful for any person: (1) To hinder, delay, limit or suspend the continuity or efficiency of any governmental service or any governmental service in a proprietary capacity, or the service of any public utility, by lockout, strike, slowdown, or other work stoppage; …
Neb. Rev. Stat. § 48-822 Employees; no requirement to work without consent.
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No provision of the Industrial Relations Act shall be construed to require an employee to work without his or her consent, or to make illegal the quitting of his or her job or withdrawal from his or her place of employment unless done in concert or by agreement with others.
Neb. Rev. Stat. § 48-823 Act; liberal construction; commission; powers.
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The Industrial Relations Act and all grants of power, authority, and jurisdiction made in such act to the commission shall be liberally construed to effectuate the public policy enunciated in section 48-802. All incidental powers necessary to carry into effect the Industrial Rela…
Neb. Rev. Stat. § 48-824 Labor negotiations; prohibited practices.
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(1) It is a prohibited practice for any public employer, public employee, public employee organization, or collective-bargaining agent to refuse to negotiate in good faith with respect to mandatory topics of bargaining. (2) It is a prohibited practice for any public employer or t…
Neb. Rev. Stat. § 48-825 Labor negotiations; prohibited practices; complaints; procedure.
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(1) A proceeding against a party alleging a violation of section 48-824 is commenced by filing a complaint with the commission within one hundred eighty days after the alleged violation thereby causing a copy of the complaint to be served upon the accused party. The accused party…
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 407, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-837 Public employees; employee organization; bargaining.
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Public employees shall have the right to form, join, and participate in or to refrain from forming, joining, or participating in any employee organization of their own choosing. Public employees shall have the right to be represented by employee organizations to negotiate collect…