19 CIR 188 (2016)

 NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

 

 

SERVICE EMPLOYEES

INTERNATIONAL UNION,

(AFL-CIO) LOCAL 226,

 

Petitioner,

 

     v.

 

DOUGLAS COUNTY SCHOOL

DISTRICT 001,

 

Respondent.

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CASE NO. 1422

 

 

 

FINDINGS AND ORDER

    

Filed December 19, 2016

APPEARANCES:

For Petitioner:                                                Timothy S. Dowd

                                                                        Dowd, Howard & Corrigan, LLC

                                                                        1411 Harney Street, Suite 100

                                                                        Omaha, NE 68102

 

For Respondent:                                             David J. Kramer

                                                                        Baird Holm LLP

1700 Farnam Street, Suite 1500

Omaha, NE 68102                 

 

Before Commissioners Carlson, Partsch and Blake

CARLSON, Commissioner

NATURE OF THE CASE

            On July 11, 2016, the Service Employees International Union, (AFL-CIO) Local 226 (“Union” or “Petitioner”) filed this action with the Commission, alleging that Douglas County School District 001 (“Respondent”) committed a prohibited practice in violation of the Nebraska Industrial Relations Act (“Act”), Neb. Rev. Stat. § 48-824(1) when Respondent subcontracted bargaining unit work, which is a unilateral change of the terms and conditions of employment.  A joint Stipulation was filed on December 12, 2016 requesting that the Commission issue this order.

FACTS

            The Commission accepts the following facts as true pursuant to the Stipulation entered into by the parties. Petitioner is a labor organization as defined in Nebraska Revised Statute §48-801(6), and is the duly recognized collective bargaining representative for the full-time employees in the Maintenance and Operations Division of the Douglas County School District. The Petitioner has in force and effect a Collective Bargaining Agreement with Respondent covering such collective bargaining units. Respondent is an employer within the meaning of Nebraska Revised Statute §48-801(4) with its principal office located at 3215 Cuming Street, Omaha, NE 68131.

The work of the bargaining unit employees represented by the Petitioner includes moving supplies, equipment, product, furniture, and other items from and to the schools before, during, and at the end of the school years, as well as the cutting, trimming, and maintenance of trees on Respondent's properties. The above-described bargaining unit work has generally been exclusively performed by the bargaining unit employees represented by Petitioner. Respondent subcontracted some of the above-described bargaining unit work to non-bargaining unit employees and companies as a result of the passage of a bond issue. Respondent failed to negotiate the decision to subcontract out such bargaining unit work prior to subcontracting it. Respondent's failure to negotiate the subcontracting of the above referenced bargaining unit work to non-bargaining unit employees and companies constituted a change in terms and conditions of employment with respect to a mandatory subject of collective bargaining, and as such, constituted a prohibited practice in violation of Nebraska Revised Statute §48-824(1). Respondent has ceased subcontracting bargaining unit work to non-bargaining unit employees and companies.

 

DISCUSSION

Petitioner and Respondent agree that Respondent failed to negotiate the decision to subcontract out the above-mentioned bargaining unit work prior to subcontracting it. The parties also agree that Respondent's failure to negotiate the subcontracting of that bargaining unit work to non-bargaining unit employees and companies constituted a change in terms and conditions of employment with respect to a mandatory subject of collective bargaining, and as such, constituted a prohibited practice in violation of Nebraska Revised Statute §48-824(1).  Respondent has ceased subcontracting bargaining unit work to non-bargaining unit employees and companies. Petitioner and Respondent agree that the dispute pending before the Commission in the above captioned matter may be resolved in favor of the Petitioner by the entry of an Order directing Respondent to maintain the status that existed prior to the subcontracting out of the above-described bargaining unit work to non-bargaining unit employees and companies.

Jurisdiction

The Commission has been given jurisdiction to adjudicate alleged violations of the Act by virtue of Neb. Rev. Stat. §§ 48-824 and 48-825.

Prohibited Practice Allegations

            Neb. Rev. Stat. § 48-824)(1) states:

(1)  It is a prohibited practice for any public employer, public employee, public employee organization, or collective-bargaining agent to refuse to negotiate in good faith with respect to mandatory topics of bargaining.

Neb. Rev. Stat. § 48-824

The Commission agrees with the stipulation of the parties and hereby finds that the Respondent committed a prohibited practice when it subcontracted bargaining unit work.

 

REMEDIAL AUTHORITY

The Commission has the authority to issue cease and desist orders following findings of prohibited practices and has done so in the past. See Local Union 571 International Union of Operating Engineers v. County of Douglas, 15 CIR 75 (2005); Ewing Education Ass’n v. Holt County School District No. 29, 12 CIR 242 (1996)(en banc). In the present case, the Commission finds that the Respondent has committed a prohibited practice under the Nebraska Industrial Relations Act. Therefore, an order requiring that the Respondent cease and desist from committing the prohibited practice is clearly within the authority of the Commission and will be ordered. 

 

IT IS THEREFORE ORDERED that Respondent shall:

1.     Cease and desist from failing to bargain in good faith with the Service Employees International Union, (AFL-CIO) Local 226 regarding mandatory subjects of bargaining.

2.     Cease and desist from subcontracting bargaining unit work without first bargaining to impasse.

 

All Panel Commissioners join in the entry of this Order.