| NEBRASKA PUBLIC EMPLOYEES | | | CASE NO. 881 |
| LOCAL UNION 251 AFFILIATED | | | REPRESENTATION DOC. NO. 299 |
| WITH THE AMERICAN FEDERATION | | | |
| OF STATE, COUNTY, AND | | | |
| MUNICIPAL EMPLOYEES, An | | | |
| International Union, | | | |
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| Petitioner, | | | ORDER |
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| v. | | | |
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| NEMAHA COUNTY, NEBRASKA, | | | |
| | | ||
| Respondent. | | |
MCFARLAND, J:
This matter comes before the Commission upon Petitioner's Motion to Bar Harassment For Union Activity filed August 26, 1994. Respondent filed a Response and Brief in Support of this Response to said Motion on September 9, 1994. On September 12, 1994, Petitioner filed a Reply to Respondent's Response.
Petitioner's Motion requests an Order pursuant to Neb. Rev. Stat. § 48-811 (1988) barring harassment for union activity. Section 48-811 provides that "[n]o adverse action by threat or harassment shall be taken against any employee because of any petition filing by such employee, and the employment status of such employee shall not be altered in any way pending disposition of the petition by the commission."
In the case at bar, Petitioner filed a Representation Petition seeking an election to represent Nemaha County Department of Roads employees. The election was conducted on August 11, 1994, after which either party had five business days to object to the conduct of the election. Neither party filed such an objection and the Petitioner was certified as the collective bargaining agent on August 22, 1994.
Section 48-811 provides protection during the pendency of a case before the Commission. There is, however, no pending disposition of the petition by the Commission. The Petitioner may request temporary or permanent orders pursuant to §§ 48-819.01 and 48-837, filed as a separate case to determine whether the Respondent's motive for the alleged harassment for union activity was to discourage union membership or activity, or in reprisal or retaliation for the latter activities. The Commission finds, however, that Petitioner does not have a remedy available to it in a motion filed as a continuation of this representation case. The Commission finds that the Motion to Bar Harassment For Union Activity should be and hereby is dismissed.
Entered September 15, 1994.
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