NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES, A CORPORATION, APPELLANT,
NEBRASKA GAME AND PARKS COMMISSION, APPELLEE.
197 Neb. 178, N.W.2d 449
Filed December 8, 1976. No. 40748
Labor and Labor
Supervisory or managerial personnel may not enter into a bargaining
unit with rank and file employees and may not retain the same bargaining
from the Nebraska Court of Industrial Relations.
D. Burns, for appellant.
L. Douglas, Attorney General, and Gary B. Schneider, for appellee.
is an appeal from the Court of Industrial Relations.
The Nebraska Association of Public Employees, as plaintiff, sought
designation as the bargaining agent for supervisory personnel of the Nebraska
Game and Parks Commission, defendant. The
court refused to call an election or to permit such representation.
We affirm the judgment of the Court of Industrial Relations.
to a solution of this case is a determination of what is meant by the terms
"employer" and "Employee" for purposes of labor relations
under Nebraska law. These terms
have received a multiplicity of definitions under acts involving
employer-employee relationships in other respects such as workmen's
compensation and fair employment acts. None
are applicable here. Resort must
be had to legislative intention as expressed in Chapter 48, article 8, R.R.S.
1943. Most jurisdictions have
specifically defined these terms and classified supervisory personnel as
"management" as distinguished from employees.
Experience under the National Labor Relations Act under which
supervisory personnel were formerly classified as employees proved to be so
unsatisfactory that it was amended by Congress so that supervisors could not
be deemed employees. Presumably
the Legislature was aware of the federal experience at the time the Nebraska
act was amended in 1972 with regard to firemen and policemen.
48-801, R.R.S. 1943, states: "Employer shall mean the State of
Nebraska***" and that "Employee shall include any person employed by
any employer ***." The State,
like a corporation, can only function through individual officers and assistants
yet, strictly interpreted, the statute blandly ignores this fact.
No line is drawn between management and labor.
Department heads and officers would be free to enter into a bargaining
unit with employees under their supervision and subject to be discharged by
them. There would be no one left to
negotiate in behalf of the State. Chaos
would result and the public policy declared in section 48-802, R.R.S. 1943,
would be completely nullified.
48-823, R.R.S. 1943, provides that the act shall be liberally construed to
effectuate the enunciated public policy. In
permit supervisory personnel to retain the same bargaining agent as the
employees' union would be tantamount to permitting them to enter the same
bargaining unit and such agent could, and doubtless would, manipulate its
efforts jointly in behalf of each. We
hold that supervisory or managerial personnel may not enter into a bargaining
unit with rank and file employees and may not retain the same bargaining agent.
In view of this holding, it is unnecessary to consider other assignments
of error or propositions discussed in the briefs.
order of the Court of Industrial Relations is affirmed.