3 CIR 674 (1979)

IN THE COURT OF INDUSTRIAL RELATIONS

OF THE STATE OF NEBRASKA

NORTH PLATTE POLICE | CASE NO. 287
OFFICERS UNION, INTER- |
NATIONAL BROTHERHOOD OF |
POLICE OFFICERS, LOCAL 582, |
|
Plaintiff, |
|
v. | DISSENT
|
CITY OF NORTH PLATTE, |
NEBRASKA, A Municipal |
Corporation, |
|
Defendant. |

WALL, P.J. , dissenting in part and concurring in part:

I dissent from the disposition of this case. This tribunal is not the only body in the state charged with responsibilities under § 48-818, R.R.S. 1943-the governing bodies of public sector employers also have a responsibility to set wages "comparable to the prevalent" so that litigation may be avoided. Accordingly, I would hold that the Ordinance granting an 8% increase to non-union employees was an admission against interest, establishing a floor for the increase of police wages.

Alternatively, in the light of the acts which the court majority once found to be illegal and warranting a finding of contempt, I would find and hold the respondent to the 8% raise as a floor, simply to remedy the illegal activity.

Finally, I concur in the court finally dropping the finding of contempt. I dissented from the original finding. All that has been accomplished is to cause respondent to expend a reported extra $11,000.00 in attorney fees defending the contempt citation, and the court to expend more of its limited budget than was warranted by the problem at hand. I dissent, however, from the majority opinion relying on UNL Police Officers v. Board of Regents , 203 Neb. 4 (1979), as authority for dropping the contempt charge. I think it is unfair to our Supreme Court to attempt to draw any inference from that opinion when the Supreme Court was deprived by the parties there before it of the opportunity of considering the Federal case leading to the repeal of § 48-836, R.R.S. 1943, and the subsequent Federal interpretation of the statute governing this tribunal after the repeal of § 48-836, R.R.S. 1943.

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