|AMERICAN FEDERATION OF|||||CASE NO. 157|
|STATE, COUNTY AND MUNICIPAL|||||REP. DOC. NO. 46|
|v.|||||OPINION AND ORDER|
|COUNTY OF SARPY, NEBRASKA,||||
Appearances: For Plaintiff: Robert E. O'Connor, Jr.
For Defendant: Michael D. Wellman
Before: Judges Wall, Kratz & Rudolph
This matter comes before the Court on plaintiff's request for a representation election in a unit described as all full-time, permanent, non-uniformed employees, excluding elected officials and supervisors located at the defendant's facility at Highway 370 and South 84th Street in Papillion, Nebraska. Facts were stipulated and the Court finds on the basis of those facts that it has jurisdiction of the parties and of the subject matter.
The only sincerely contested item before the Court is "who is the employer of the employees?" in the various elected officials' offices.
The defendant has been misled by §23-1111, R.R.S. Nebr. 1943 permitting the elected official to set the salary of his clerks and assistants, into thinking that is the controlling factor before this Court. In fact, in its argument, defendant cites our Court's definition statute §48-801(4), R.R.S. 1943: "Employer shall mean the State of Nebraska or any political or governmental subdivision of the State of Nebraska..." and then proceeds to argue that the separately elected county officials are separate subdivisions of government. The statute mandates otherwise. Section 23-101, R.R.S. 1943 says, "Each county established in this state according to the laws thereof, shall be a body politic and corporate..." Sarpy County was established by G.S. 1873, c. 12, §46, p. 221, now §22-177, R.R.S. 1943. Being a body politic and corporate, the County of Sarpy neatly fits the statutory definition of an employer as set forth in §48-801(4), R.R.S. 1943. This is not to say that we may not find in a larger county that an appropriate unit is smaller than that asked for here.
The parties agree that a sufficient showing of interest has been made by plaintiff to entitle it to an election, and the Clerk's report stands unchallenged in any event. A.A.U.P., U. of N. Chapter v. Board of Regents , 3 CIR 150-1 (1975).
We establish a single bargaining unit as follows:
All full-time permanent, non-uniformed employees of the County of Sarpy, excluding elected officials, supervisors and professionals who work at or out of the defendant's facility at Highway 370 and South 84th Street in Papillion, Nebraska. 
An election will be held in the unit within a reasonable time from the filing of this Opinion. Judge Benjamin M. Wall is designated as the Court's representative for the election which will be carried out under the immediate supervision of Janet Stewart Arnold, Clerk of the Court.
The attorneys for the parties will meet with the court's representative at 10:30 A.M. on the 7th day of April, 1976, in the Doyle Trial Practice Room of the Ahmanson Law Center, Omaha, Nebraska, to agree upon or have determined all procedural questions concerning the election.
Entered March 30, 1976 .
Editor's Note: In an order dated May 17, 1976, the unit description was modified as follows; "All full-time, permanent, non-uniformed employees of the County of Sarpy, excluding elected officials, supervisors, professionals and clerical and jail employees working under the direction of the Sheriff."