| LOCAL UNION 739, | | | CASE NO. 1 |
| INTERNATIONAL BROTHERHOOD | | | |
| OF ELECTRICAL WORKERS, | | | |
| FEDERATION OF LABOR, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | ORDER |
| | | ||
| THE CENTRAL NEBRASKA | | | |
| PUBLIC POWER AND IRRIGATION | | | |
| DISTRICT, THE LOUP RIVER | | | |
| PUBLIC POWER DISTRICT, AND | | | |
| THE PLATTE VALLEY PUBLIC | | | |
| POWER AND IRRIGATION | | | |
| DISTRICT. | | | |
| | | ||
| Defendants. | | |
VARRO E. TYLER, JUDGE
(Editor's Note: A petition was filed on October 19, 1947. Defendants filed a motion to strike the petition on the ground that it failed to conform with the Code of Civil Procedure or Rules of Procedure of this Court.
An amended petition was filed on December 20, 1947, alleging, inter alia, that defendants refused to recognize the union and refused to bargain with it, and that the Court had jurisdiction to settle the dispute under L.B. 537. Attached to the amended petition were exhibits consisting of four telegrams sent by the union to defendants asserting that the union represented 80% of the defendants' employees, and requesting the defendants to meet with the union to discuss wage increases for Operating Department employees; and a reply of the Board of Managers of the Nebraska Public Power System indicating that the union's requests had been presented to the Board of Directors of the three districts, that a wage increase had been under consideration for three months and had been agreed to, that the need for a meeting no longer existed, and that, further, on the grounds that the districts were owned by and operated solely for the people of Nebraska, the districts could not enter into any contract in which "special privilege are accorded any group." Separate answers were filed by defendants on January 5, 1948, denying generally the existence of an industrial dispute. The Court at a pre-trial conference held on February 2, 1948, ordered on its own motion that briefs be filed on the question of whether the Court had jurisdiction to grant the relief for which plaintiff prayed. On May 1, 1948, the Court entered its order, published below.)
Now on this First day of May, 1948, this case having been taken under advisement on April 23, 1948, and the Court being duly and fully advised in the premises, upon consideration of the pleadings, the briefs of counsel and the oral arguments heard on April 23, 1948, finds:
1. That this Court has jurisdiction of the parties and the subject matter of this action.
2. That the defendants are public power and irrigation districts organized and existing under and by virtue of the laws of the State of Nebraska and are political and governmental subdivisions of the State of Nebraska; that said defendants and each of them are operated by government in its proprietary capacity.
3. That this Court is without jurisdiction to compel and order these defendants or any of them to bargain with the plaintiff concerning any matters in dispute between the parties to this action and as alleged in the Amended Petition.
4. That L.B. 537, Laws or Nebraska for 1947, Sections 48-801 to 48-823 inclusive, R.S. Supp., 1947, contains no provision, express or implied, for bargaining or negotiation between the parties to this action concerning any industrial dispute which is alleged to exist.
5. That the defendants or any of them are not required, as a matter of law, to bargain or negotiate with plaintiff concerning any industrial dispute which may now exist or hereafter arise between the parties; that this court has sole and exclusive jurisdiction to hear and determine any industrial dispute arising between the parties.
6. That this case should be assigned for trial on the merits on June 1, 1948, at ten o'clock a.m.
IT IS THEREFORE ORDERED, CONSIDERED AND ADJUDGED by the Court that judgment be and hereby is rendered upon and in accordance with the findings hereinbefore set forth and said cause is assigned for trial on June 1, 1948, at ten o'clock a.m.
BY THE COURT:
Varro E. Tyler Presiding Judge
Arthur J. Denney
Earl J. Moyer Judges
(By letter dated May 21, 1948, counsel for plaintiff asked the Court to make its temporary order final so that the jurisdictional question could be appealed. On June 1, 1948, the Court entered its order, published below.)
VARRO E. TYLER, JUDGE
Now on this first day of June, 1948 at the hour of ten o'clock A.M. this cause came on for trial in open court pursuant to the order of this Court heretofore made and entered herein on May 1, 1948, the defendants appearing by counsel, the plaintiff making no appearance by counsel or otherwise.
Whereupon and in open court counsel for the defendants move that this case be dismissed, upon consideration whereof and being duly and fully advised in the premises this court finds:
1. That by its order duly made and entered herein on May 1, 1948 this court found that it was without jurisdiction to order collective bargaining between the parties to this action; that plaintiff has elected to adduce no evidence in support of the allegations of its petition.
2. That the motion of the defendants to dismiss this case should be sustained.
It is therefore ORDERED, CONSIDERED AND ADJUDGED by the court that the defendants' motion to dismiss be and hereby is sustained and this action is hereby dismissed.
BY THE COURT:
Varro E. Tyler Presiding Judge
Arthur J. Denney
Earl J. Moyer Judges
(On June 9, 1948, plaintiff filed a motion for new trial which was overruled by the Court on July 3, 1948).
_______________________________