| BUILDING SERVICE EMPLOYEES, | | | CASE NO. 92 |
| LOCAL NO. 226, Affiliated | | | REP. DOC. NO. 14 |
| with AFL-CIO, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | FINDINGS AND ORDER |
| | | ||
| MILLARD SCHOOL DISTRICT, | | | |
| also known as SCHOOL | | | |
| DISTRICT NO. 17 OF DOUGLAS | | | |
| COUNTY, NEBRASKA, A | | | |
| Political Subdivision, | | | |
| | | ||
| Defendant. | | |
NOTE: SOME PUBLISHED ORDERS HAVE BEEN DEEMED TO BE NOT HELPFUL AND HAVE, THEREFORE, BEEN OMITTED FROM THIS FILE.
Before: Judges Baylor, Grant, and Neilson.
GRANT, J.
Plaintiff herein has filed its Petition seeking an Order of this Court setting a secret ballot election and, should Plaintiff in such election be designated as the exclusive bargaining agent for certain employees of Defendant, that Plaintiff be certified as such agent. In support of such request, Plaintiff further alleges in its Petition that it is a labor organization, as defined in Section 48-801, R.R.S. Nebraska; that Defendant is a political subdivision and is engaged in governmental service as that term is defined in Section 48-801; that an appropriate bargaining unit would be "all custodial and maintenance employees of the Millard School District"; that Plaintiff requests recognition as the bargaining agent for such unit, but Defendant has refused to so recognize Plaintiff or to negotiate with Plaintiff; and that at least 30 percent of the employees in the unit claimed to be appropriate by Plaintiff had executed, in writing, a request addressed to this Court for a secret ballot election.
Answering such Petition, Defendant, in its Answer, alleged that the Petition should be dismissed because Plaintiff does not have a usual place of doing business, nor a general agent, and has not complied with Section 25-314, R.R.S. Nebraska. Defendant's Answer further denied that Plaintiff is a labor organization and that Defendant employees have participated in Plaintiff activities; denied that an industrial dispute exists between Plaintiff and Defendant; admitted Defendant is a political subdivision, but denied that Defendant is subject to the jurisdiction of the Court of Industrial Relations. Defendant's Answer further admits that Plaintiff had sent a letter to Defendant requesting recognition and that Defendant denied such recognition. Defendant, in its Answer, denies the appropriateness of the unit claimed by Plaintiff and requests a hearing for a determination as to the appropriate bargaining unit. For further affirmative defense, Defendant alleges that Chapter 48, Article 8, R.R.S. Nebraska, is unconstitutional in that the Legislature exceeded its constitutional power under Article XV, Section 9 of the Nebraska Constitution; because it is in violation of Article II, Section 1 of the Nebraska Constitution; that it is in violation of Article III, Section 10 of the Nebraska Constitution; and in violation of Article III, Section 14 of the Nebraska Constitution. Further, Defendant's Answer alleged that Plaintiff fails to state a claim upon which relief can be granted and fails to state facts sufficient to justify invoking the jurisdiction of the Court.
On the trial of the issues herein, the parties stipulated that the plaintiff herein filed with the Secretary of State of the State of Nebraska a statement of doing business, pursuant to Section 25-314, R.R.S. Nebraska 1943, on June 8, 1973. The parties further stipulated that the case should be determined on the record which had been presented to the Court in Case No. 82 (Representation Case No. 9) on May 31, 1973.
Upon consideration of the evidence adduced before the Court, the Court determines that the Plaintiff has complied with the requirements of Section 25-314 and is, therefore, entitled to bring this action. We also determine that prior to the filing of the appropriate certified statement with the Secretary of State the Plaintiff did have a usual place of doing business and did have a general agent. In this connection we note that Defendant has addressed letters to "Mr. Robert Costello, President, Building Services Employees, Local #226", and that such letters were received by Mr. Costello.
The Court further holds that Defendant's attacks on the constitutionality of the Court of Industrial Relations Act (Sections 48-801 to 48-838, R.R.S. Nebraska 1943, as amended) are without merit. See Seward Education Association v. School District of Seward , 188, Neb. 772, 199 N.W.2nd 752. The Court has jurisdiction of the parties hereto and of the subject matter of Plaintiff's request herein seeking a secret ballot election.
The Court further determines that Plaintiff is a "labor organization" and that an "industrial dispute" exists between Plaintiff and Defendant, as those terms are defined in Section 48-801, R.R.S. Nebraska 1943; and that the unit proposed by Plaintiff herein, to-wit, "all custodial and maintenance employees of the Millard School District", is an appropriate unit for collective bargaining purposes. The Court further determines that there are approximately 44 employees of Defendant who would be within the definition of the unit determined herein to be an appropriate unit; and that 39 of such employees have signed a request, in writing, seeking a secret ballot election to be held by the Nebraska Court of Industrial Relations. The Court therefore determines that at least 30 percent of the employees in an appropriate unit have requested, in writing, that the Court should hold an election and that such an election should be held.
It is therefore ordered that the appropriate unit for voting in an election to be conducted within a reasonable period from the date of this order consists of all custodial and maintenance employees of the Millard School District. It is further ordered that such election shall be conducted by Judge Dean G. Kratz or Judge John T. Grant, Judges of the Court, pursuant to later appointment by the presiding judge, and that a pre-trial conference shall be held with counsel for the parties and Judge John T. Grant on or before April 5, 1974; and that at such conference an appropriate date, place and time for the election shall be determined, as well as form of notice and other procedural matters concerning the election.
_______________________________