| RONALD SINN; RICHARD DOWDING; | | | CASE NO. 786 |
| LEE CAINE; JOE MUMAUGH; DOUG POLAK; | | | |
| JIM RUTLEDGE AND KEN TOOVEY, | | | |
| | | ||
| Petitioners, | | | |
| | | ORDER | |
| v. | | | |
| | | ||
| CITY OF SEWARD, a city of the | | | |
| first class, | | | |
| | | ||
| Respondent. | | |
Before: Judges Cope, Kratz, Orr, Dawson and V. Moore (EN BANC)
DAWSON, J:
This matter comes before the Commission upon the Respondent's Motion to Dismiss filed September 19, 1990. The Respondent contends that the Commission lacks subject matter jurisdiction. The parties submitted briefs on the issue.
Section 48-811 states that "...any employer, employee, or labor organization, ...when any industrial dispute exists between parties as set forth in section 48-810, may file a petition with the Commission of Industrial Relations invoking its jurisdiction...." Thus, it is clear, an industrial dispute can not be created by the filing of a petition with this Commission.
The Commission being duly advised finds that the Respondent's Motion should be and is hereby granted. The Commission is without subject matter jurisdiction for the reason that there is no allegation or evidence of the existence of an industrial dispute. IT IS THEREFORE ORDERED THAT the Respondent's Motion to Dismiss is granted and the Petitioner's Petition is hereby dismissed.
All judges assigned to the panel in this matter join in the entry of this Order.
Entered November 1, 1990.
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