|LOCAL UNION NO. 647,|||||CASE NO. 142|
|v.|||||OPINION ON REHEARING|
|CITY OF GRAND ISLAND,||||
|NEBRASKA, a Municipal||||
Appearances: For Plaintiff, James A. Beltzer
For Defendant, Earl D. Ahlschwede
Before: Judges Wall, Kratz & Green; Kratz disagreeing in part.
Defendant City has moved for a rehearing and for a rehearing en banc . The motion for rehearing en banc was granted to the extent of a rehearing en banc before the panel. Judge Green Participates on the record and briefs.
As we have previously informally advised the parties, we have reconsidered the taxation of a portion of the expenses of trial as costs against the defendant, and hereby withdraw the taxation of costs and that part of the opinion and order.
Defendant points out that we have misread the current provisions with regard to vacation. On review, it appears that we may have done so. At the least, the position of the evidence on further exposition is now such that we no longer believe that plaintiff has carried its burden of showing that the defendant's vacation schedule varies sufficiently from the norm to require us to determine the matter. We, therefore, withdraw that portion of our previous opinion and order dealing with vacation pay, and direct, instead, that vacation be left as it is in the previous contract.
The present contract ran until July 30, 1975. Our dispute settlement should, therefore, be and hereby is, amended to cover the period August 1, 1975 to July 30, 1976.
Finally, the defendant complains of our establishing an unfair labor practices "doctrine." This we have not done. All we have done is to establish a cubicle labeled "unfair labor practice" where we may put illegal labor-management actions already made illegal by statute or rule. We have set up a handy tag or handle; we have not made anything illegal that is now legal.
With the changes noted, the former Opinion is adhered to.
Judge Kratz wishes to note his disagreement with the determination that certain acts constitute "unfair labor practices."
Entered January 20, 1976.