| AMERICAN FEDERATION OF | | | CASE NO. 139 |
| STATE, COUNTY AND | | | REP. DOC. NO. 37 |
| MUNICIPAL EMPLOYEES, AFL-CIO, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | NOTICE AND ORDER |
| | | ||
| COUNTY OF LANCASTER, | | | |
| NEBRASKA DIVISION OF PUBLIC | | | |
| WELFARE, | | | |
| | | ||
| Defendant. | | |
Before: Judges Wall, Kratz & DeBacker
WALL, J.:
This matter comes before the Court on several communications from employees in the bargaining unit relative to the method of conducting the election of September 4, 1975. Pursuant to Sec. 48-815, R.R.S. 1943, the Court has caused an investigation to be made to ascertain the truth of the allegations of lack of secrecy and intimidation occurring during the election. The Court now gives the parties, pursuant to Sec. 48-817, R.R.S. 1943, notice that it will base its further action on these complaints in this matter on the report of the Clerk which is in substance as follows:
The election was conducted generally in the manner of all previous elections held by the Court, at the places and times previously ordered. Conditions were as reflected in the news film or video tape screened by Channel 10 at 6:00 o'clock P.M., September 4, 1975. If desired, either party may append a copy of such news film or video tape, if available, to this record as Appellate Exhibit "A". In accordance with routine procedures of the Court, one observer was present from the employer and one from the union. Each eligible voter received a ballot from the Court's designee and took it to a small table a few feet away, where the voter was obliged to bend over, facing away from the observers and the designee, to mark it. Neither observer nor the representative of the Court was in a position to see how any ballot was marked. There was no electioneering or verbal attempt to influence a vote at the polls. No violation of any rule or practice of the Court was noted. The first complaint came late in the afternoon from three voters who first voted, then came back to the court's designee to complain that no voting booth was available, and to say that they felt intimidated by one of the observers, indicating management's observer. These complainants then left. In later public statements, these complainants were said to have changed their allegation of intimidation to indicate the union's observer as the culprit. In view of the alleged change in story, the physical location of the observers relative to the table whereon the ballots were marked, and the entire circumstances, the Court is presently inclined to the inference that the complaints or the reports of the complaints are fabrications, possibly instigated by the person or persons previously noted to be in possible violation of ยงยง 48-811, 48-837 and 28-724, R.R.S. 1943.
If either party desires to pursue this matter further by cross-examination or testimony, it shall advise the court in writing, no later than 1:00 P.M. Monday, September 15, 1975, at the office of the Presiding Judge, 608 Executive Building, Omaha, Nebraska, and a hearing will be set.
Filed September 9, 1975.
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