13 CIR 198 (1998)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

Appearances:

For the Petitioner:	M. H. Weinberg
	Weinberg & Weinberg, P.C.
	9290 West Dodge Road, Suite 205
	Omaha, NE  68114
For the Respondent:	Jerry L. Pigsley
	and
	Margaret E. Stine
	Harding, Shultz & Downs
	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

Before: Judges Anderson, Cullan, and Orr

ANDERSON, J:

This matter comes upon the filing of 1) Respondents' Answer to Petitioner's Amended Petition to Determine an Appropriate Bargaining Unit and for An Election filed on September 17, 1998; 2) Petitioner's Motion to Allow Correction of Amended Petition to Determine An Appropriate Bargaining Unit and For An Election By Interlineation to Correct Typographical Errors and Brief filed on September 21, 1998; and 3) Petitioner's Reply to Answer to Second Amended Petition filed on September 21, 1998.

THE COMMISSION FINDS that, five business days having elapsed for the Respondent to file its resistence to Petitioner's Motion to Allow Correction of Amended Petition, in accordance with the Commission Rules, the Motion shall be granted. The Clerk shall change the Respondent, York County, Nebraska to read "County of York, Nebraska" to properly reflect the name of the Respondent County. Since the correct parties have been served, the answer filed by the Respondents on September 17, 1998 shall suffice. Additionally, the Clerk shall change by interlineation any references to 1996 in paragraph 3 to reflect "1998".

The Commission Further Finds in regards to Respondents' Answer of September 17, 1998 as follows:

1) Paragraph #1 and #2 are denied. The determination of an appropriate bargaining unit does not mean that no other unit description could also be appropriate. A change in circumstances since certification of the unit is not always required. Although a change of circumstances was required in City of West Point v. General Drivers and Helpers Union Local 554, 12 CIR 223 (1996), that case involved the employer's request for removal of certain job classifications from the bargaining unit which the employer previously agreed was an appropriate unit. In the instant case, the request is for the addition of employees to an existing unit previously agreed by the parties to be appropriate. The addition of job classifications to an existing appropriate bargaining unit does not imply that the previously agreed unit was inappropriate. The unit with the additional job classifications included could also be an appropriate bargaining unit. No change of circumstances is needed to show that the unit is appropriate with the new employees included.

2) Paragraphs #3 and #4 will be the subject of the future hearing to be scheduled in this matter.

3) Paragraph #4 is sustained and the party Respondent County of York will be amended by interlineation as noted above.

4) Paragraph #5 is sustained, however, pursuant to Petitioner's reply at paragraphs #14 and #15, the unit description is amended to include the job titles of "foreman, road crew and mechanic", as agreed to between the parties in the wage case docket #938 and substituted for the previously listed unit description in the Commission's Certification Order of December 30, 1996. The new unit descriptions proposed by the Petitioner as alternatives shall read as follows:

a) All full-time, part-time, or seasonal foreman, road crew, and mechanics employed by the County of York Department of Roads and Bridges, excluding a) all supervisors including but not limited to the Highway Superintendent and Assistant Highway Superintendent; and b) all office clerical employees including but not limited to the office manager for the Dept. of Roads and Bridges;

or

b) All part-time and seasonal foreman, road crew, and mechanics employed by the County of York Department of Roads and Bridges, excluding a) all supervisors including but not limited to the Highway Superintendent and Assistant Highway Superintendent; and b) all office clerical including but not limited to the office manager for the Dept. of Roads and Bridges.

Petitioner is given five business days from the date of this Order to file an objection to the above unit descriptions in the alternative. Unless an objection is filed, the unit descriptions described above will be those considered by the Commission.

5) Paragraph #7 is overruled. A new showing of interest is not required at this time. The lapse of time between when the cards are collected and when an election is conducted by the Commission is not unusual. The time elapsed in this case is not unreasonable. The showing of interest is merely to determine whether an election should be required. The election process will determine whether the bargaining unit as described above will be certified. A new Notice shall be sent, along with the Clerk's Advice and Direction to Employer, after the expiration of time for Petitioner to respond to the unit specifications as set forth herein.

Scheduling of a Pretrial Conference and Trial shall be completed at a later date.

Entered October 1, 1998.