|COMMUNICATIONS WORKERS OF|||||CASE NO. 788|
|AMERICA, AFL-CIO,|||||REPRESENTATION DOC. NO.|
|COUNTY OF SCOTTS BLUFF, NEBRASKA,||||
For the Petitioner: Richard L. DeBacker
119 West Koenig
P.O. Box 1545
Grand Island, Nebraska 68802
For the Respondent: Jerry L. Pigsley
Harding & Ogborn
500 The Atrium, 1200 "N" Street
P.O. Box 82028
Lincoln, Nebraska 68501
This matter comes before the Commission upon the Respondent's Motion to Dismiss and accompanying brief. Pursuant to Rule 20 of the Rules of the Nebraska Commission of Industrial Relations the adverse party is given five business days to respond to a motion. As more than five business days have passed since service of the Motion filed October 16, 1990, the Commission shall now rule upon the motion as further provided in Rule 20.
The Respondent contends that this matter should be dismissed for the reason that the Petitioner, Communication Workers of America, is the current certified bargaining representative of some of the law enforcement employees of the Scotts Bluff County Sheriff's Department and is now seeking to be certified as the exclusive representative of various non-guard offices of the same county. The Respondent argues that it is a well established principle that a bargaining unit may not contain both guard and non-guard employees nor may a single union admitting guards into membership also represent non-guard employees. The Respondent cites NLRB v. Jones & Laughlin Steel Corporation , 154 F.2d 932 (6th Cir. 1946), Lincoln City Employees Union, National Association of Governmental Employees v. City of Lincoln , 210 Neb. 751, 317 N.W.2d 63 (1982), Retail and Professional Employees Union, Local 1015, AFL-CIO v. Metropolitan Technical Community College Area , 3 CIR 512 (1978) and University Police Officers Association, International Brotherhood of Police Officers, Local 567 v. University of Nebraska , 3 CIR 335 (1977), in support of its position.
The Respondent also attached to its Motion the Petitioner's Response to Request for Admissions served on the Respondent on September 27, 1990. In that document the Petitioner admits that the Communication Workers of America, AFL-CIO (CWA) which seeks to represent employees in fifteen departments and
offices of Scotts Bluff County, Nebraska already represents the Deputy Sheriffs in the Sheriff's Department of the County of Scott (sic) Bluff and also admits that a single CWA representative would represent and assist both groups.
The Commission being duly advised in the premises finds that since there is no material dispute as to the facts and in light of our previous holdings, this case should be and is hereby dismissed.
IT IS THEREFORE ORDERED THAT this case be dismissed.
Entered October 29, 1990.