|NEBRASKA ASSOCIATION|||||CASE NO. 811|
|OF PUBLIC EMPLOYEES,|||||REPRESENTATION DOC. NO. 276|
|LOCAL 61 OF THE AMERICAN||||
|FEDERATION OF STATE, COUNTY||||
|AND MUNICIPAL EMPLOYEES,||||
|STATE OF NEBRASKA AND||||
|NEBRASKA ASSOCIATION OF||||
For the Petitioner: Ray Simon
Tietjen, Simon & Boyle
101 South 38th
Omaha, NE 68131
For the Respondents:J. Murry Shaeffer
941 "O" Street
605 Terminal Building
Lincoln, NE 68508
Lisa D. Martin-Price
Assistant Attorney General
2115 State Capitol
Lincoln, NE 68509
Before: Judges Kratz, V. Moore and Flowers
This matter comes before the Commission upon the request of Nebraska Association of Correctional Employees ("NACE") for a hearing upon the issues raised in its amended answer filed June 11, 1991. A telephone conference call hearing was held on June 24, 1991.
NACE argues that the prayer in the amended petition filed by Nebraska Association of Public Employees ("NAPE") is insufficient. The prayer asks the Commission to issue an order certifying NAPE as the exclusive bargaining agent if it wins the election. NACE argues that the prayer should further ask the Commission to issue an order stating that NACE, the incumbent union, shall cease to be the bargaining representative of this group of employees. At the hearing, NAPE requested leave to amend its amended petition by interlineation. The Commission agrees the Petition is still defective and leave was granted to amend by interlineation. The period at the end of the amended petition was changed to a comma, and the following language was added, "and further ordering that NACE cease to be the representative of the same."
NACE, while acknowledging that the first petition is timely, argues that the amended petition is untimely. The current labor contract is valid through June 30, 1991. The amended petition, filed May 22, 1991, was not filed more than sixty days prior to the expiration date of the current labor agreement as required by CIR Rule 9. The Commission now rules that the amended petition is timely because, for purposes of calculating the window period, the amended petition dates back to April 10, 1991, the date the first petition was filed.
NACE further argues that inasmuch as it has already entered into a new agreement with the State of Nebraska, effective July 1, 1991, with a term of two years, there is a contract bar to the decertification petition. We will observe the NLRB rules in this regard. The NLRB would treat this agreement as a "premature extension" and contrary to its rule that the privilege of an insurgent union to petition for an election in the open period must be preserved and cannot be denied by contract renewal, extension or amendment agreed upon by the employer and the incumbent union prior to the termination date of the existing agreement.
THE COMMISSION FINDS:
1. That the amended petition filed by NAPE is sufficient, and that the Commission has jurisdiction over the parties and the subject matter of the dispute.
2. That the bargaining unit consists of the following job classifications:
Security Guard I, Security Guard II, Military Security Specialist, Corrections Officer, Corrections Admissions Officer, Corrections Corporal, Corrections Sergeant, Corrections Unit Supervisor I, Corrections Work Detail Supervisor, Corrections Delivery Supervisor, Corrections Youth Security Specialist I, Corrections Youth Security Specialist II, DPI Mental Health Security Specialist I, DPI Mental Health Security Specialist II, DPI Mental Health Security Specialist III.
3. That petitioner has made a sufficient showing of interest to entitle it to an election as stated in the Clerk's Report to the Commission, filed April 23, 1991.
4. That the unit is appropriate, and that an election should be conducted as soon as possible.
IT IS THEREFORE ORDERED that an election within the unit determined herein shall be held as soon as possible. Jacqueline Tridle, Clerk of the Commission, is appointed to determine questions arising during the course of the election, and the election will be held under her immediate supervision. The parties will be contacted by the Clerk to agree upon or have determined all questions concerning the election which are not provided for in CIR Rule 11.
ENTERED June 25, 1991.