|NEBRASKA STATE COUNCIL OF LOCAL UNIONS|||||CASE NO. 410|
|NUMBER 32, AMERICAN FEDERATION OF||||
|STATE, COUNTY AND MUNICIPAL EMPLOYEES||||
|DAKOTA COUNTY, NEBRASKA,||||
A hearing was held by conference telephone call at 11:00 a.m. on July 24, 1981, on Defendant's Application For Supersedeas Bond filed July 23, 1981.
Section 48-812, Supp. 1980, provides that appeals from the Nebraska Commission of Industrial Relations to the Nebraska Supreme Court shall be taken in the same manner and time as appeals from a District Court to the Supreme Court. The Commission's Order entered July 15, 1981, is not one of the types specified in Section 25-1916 for which supersedeas exists as a matter of right.
The Order entered July 15, 1981, directs the Defendant to cease and desist paying public funds in violation of Section 48-811, Supp. 1980. The Commission now determines that this is not an appropriate case for supersedeas. Among the reasons for this determination are the important statutory purposes served by Section 48-811 (see pages 3 and 4 of July 15th Order); that if the Order appealed from is affirmed, the Defendant will not have placed public funds beyond its control; that if Order appealed from is reversed as the Defendant seeks, the Defendant will still have possession of the public funds for expenditure at that time; and that Section 48-811 does not preclude changes which are done with the agreement, consent or approval of the other party to the previously pending proceeding.
It is, therefore, Ordered that Defendant's Application for Supersedeas Bond herein be denied.
All Judges assigned to the Panel in this matter join in the entry of this Order.
NOTE: On September 21, 1981, the Nebraska Supreme Court denied a Motion for Supersedeas Bond filed by the Defendant-Appellant, Dakota County, Nebraska.
Entered July 24, 1981.