| INTERNATIONAL BROTHERHOOD OF ELECTRICAL | | | CASE NO. 316 |
| WORKERS, LOCAL UNION #763, AFL-CIO, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| v. | | | OPINION AND ORDER |
| | | ||
| OMAHA PUBLIC POWER DISTRICT, | | | |
| | | ||
| Respondent. | | |
Appearances:
For the Petitioner: M. Weinberg
For the Respondent: Hird Stryker
Before:Kratz, Wall and Orr, JJ.
WALL, J.:
This matter brings before us the dispute between petitioner and respondent over interest on the Order of the Commission in Case No. 270, decided November 28, 1978. We have jurisdiction of the parties and of the subject matter. Petitioner has abandoned its request for attorney fees.
The rates of pay set in the Order of November 28, 1978 were first paid on paychecks dated May 4, 1979, covering the period April 21, 1979 to May 4, 1979. The payment for the period June 1, 1978 to April 21, 1979, was made May 18, 1979. No interest was added to the checks. The respondent adduced evidence, either as confession and avoidance, or as a plea for equitable consideration, to the effect that reprogramming the computer for the new rates took hundreds or thousands of hours, and that, essentially, the respondent made the payments as fast as it reasonably could.
Under the provisions of §48-819, R. R. S. 1943, orders of this Commission have the same force and effect as like orders of the District Court. Section 45-103, R. R. S. 1943 provides that judgments of the District Court draw interest at 8% per annum. The statutory language is conclusive, and we conclude that our orders draw interest at the statutory rate.
The Order of November 28, 1978 in Case No. 270, not having been appealed, is not subject to collateral attack. Application of M & S Transport Co. , 153 Neb. 260, 44 N. W. 2d 585 (195), Christensen v. Boss , 179 Neb. 429, 138 N. W. 2d 716, 721 (1965).
We need not consider respondent's defenses, since they may be raised either by motion to quash or by separate action for injunction should petitioner decide to pursue the matter by transcript and execution under the first sentence of §48-819, R. R. S. 1943.
ORDERED, that the dispute herein is resolved as set forth above.
Filed November 8, 1979.
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