13 CIR 163 (1998).

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

Appearances:

 

For the Petitioner:	M. H. Weinberg
	Weinberg & Weinberg, P.C.
	9290 West Dodge Road, Suite 205
	Omaha, Nebraska  68114-3322
For the Respondent:	Jerry L. Pigsley
	Margaret E. Stine
	800 Lincoln Square
	121 S. 13th Street
	P. O. Box 82028
	Lincoln, NE  68501-2028
	and
	Charles Campbell
	County Attorney
	York County Courthouse
	510 Lincoln Avenue
	York, NE  68467

ANDERSON, J:

This matter comes before the Commission upon the Petitioner's Motion For Status Quo Hearing filed April 24, 1998. The parties stipulated that said Motion could be heard by G. Roderic Anderson. Pursuant to that stipulation a hearing by telephone conference call was held on May 1, 1998 before G. Roderic Anderson. The Petitioner was represented by M.H. Weinberg and the Respondent was represented by Jerry L. Pigsley.

THE COMMISSION HEREBY FINDS that a Temporary Order pursuant to Neb. Rev. Stat. § 48-816 (Cum. Supp. 1996) is necessary and should be granted to preserve and protect the status of the parties, property, and public interest involved pending final determination of the issues raised by the Petition herein. The protection afforded by Neb. Rev. Stat. § 48-811 (1993), although sufficient to protect against the discharge or change in employment status of an employee, is insufficient to protect against changes of wages, and terms and conditions of employment. Transport Workers v. Transit Authority of Omaha, 216 Neb. 455, 344 N.W.2d 459 (1984). It is in the interest of the public as well as the parties in the case that not only the employment status but the wages, and terms and conditions of employment remain unchanged until all of the issues in this case are resolved. Indeed, the public interest in such an Order was recognized by the Nebraska Supreme Court in Transit Workers, 216 Neb. At 458-59:

It may very well be that it is in the public interest to be assured that public employees, who do not have the right to strike or hinder, delay, limit, or suspend the continuity or efficiency of governmental services, should continue to receive their previous salaries or be afforded the same terms and conditions of employment while the employer, the employee, and the CIR attempt to resolve the differences.

Should a change in the employment status or in the wages, or terms and conditions of employment be necessary, a motion by either party or by the parties jointly may be presented to the Commission at that time.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Respondent shall not alter the employment status, wages, and terms and conditions of employment of the employees subject to the Petition herein and shall preserve and protect the status of the parties, property, and public interest involved, pending final determination of the issues raised by the Petition herein.

Entered May 6, 1998.