3 CIR 313 (1978)

IN THE COURT OF INDUSTRIAL RELATIONS

OF THE STATE OF NEBRASKA

NEBRASKA ASSOCIATION | CASE NO. 155
OF PUBLIC EMPLOYEES, | REP. DOC. NO. 45
A Corporation, |
|
Plaintiff, |
|
v. | ORDER
|
STATE OF NEBRASKA, |
DEPARTMENT OF PUBLIC |
INSTITUTIONS, LINCOLN- |
LANCASTER MENTAL |
HEALTH CENTER, |
|
Defendant. |

Filed January 16, 1978.

Before: Kratz, and DeBacker, J.J., and Wall, P.J.

This matter comes before the Court upon the Hearing Examiner's Recommended Decision, entered November 4, 1977, and the objections of the parties thereto, filed November 14, 1977. The Court having considered the files, records, and the evidence and being fully advised in the premises, finds that said objections should be overruled, and the Hearing Examiner's Recommended Decision should be adopted by the Court with the following clarifications:

It is therefore ordered :

1. That an election be held among all professional and technical employees of the Community Mental Health Center, excluding any of the following job classifications which may fall within the above two categories: Executive Director, Administrative Services Officer, Program Evaluation Specialist, Outpatient Director, Community Living Service Director, Volunteer Service Coordinator, Consultation and Education Service Director, and Administrative Aide; to determine whether these employees wish to be represented by the Nebraska Association of Public Employees for the purposed of collective bargaining. If a majority should vote in favor of representation, the Court shall certify the Nebraska Association of Public Employees as the exclusive collective bargaining representative for the employees within this unit.

2. That an election be held among all clerical employees of the Community Mental Health Center, (excluding any of the job classifications listed in Section 1, above; which may fall within this category) to determine whether these employees wish to be included in the presently existing county-wide unit represented by the American Federation of State, County and Municipal Employees, or whether they desire no representation. If a majority should vote in favor of representation, the County of Lancaster will be permitted to recognize the American Federation of State, County, and Municipal Employees as the exclusive collective bargaining representative for clerical employees of the Community Mental Health Center, and to include these employees within the existing county-wide unit.

3. That Judge Dean G. Kratz is designated as the Court's representative for the election provided for herein which shall be held under the immediate supervision of the Clerk of this Court, Janet Stewart Arnold. Janet Stewart Arnold is appointed Hearing Examiner to determine initially all questions arising during the election process. The parties shall meet with the Clerk at 10:00 A.M., on the 25th day of January, 1978, to agree upon or have determined all questions concerning the election not covered by Rule 9.

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