|LOCAL NO. 2088, AMERICAN FEDERATION OF|||||Case No. 297|
|STATE, COUNTY AND MUNICIPAL EMPLOYEES,||||
|COUNTY OF DOUGLAS, DOUGLAS COUNTY SOCIAL|||||AMOUNT|
|SERVICE ADMINISTRATION, THE STATE OF||||
|NEBRASKA AND STATE OF NEBRASKA DEPARTMENT||||
|OF PUBLIC WELFARE,||||
Before: Judges Kratz, Gradwohl, Orr
Respondents have requested the Commission to establish the amount of a supersedeas bond in this matter for the Respondents County of Douglas and Douglas County Social Services Administration. The Respondents State of Nebraska and State of Nebraska Department of Public Welfare are not required to give a Supersedeas Bond pursuant to Sections 24-331 and 24-334. An evidentiary hearing was held on December 10, 1981.
Respondents have filed a Notice of Appeal from the Commission's Opinion and Order on Remand entered October 28, 1981, and Order Overruling Motion For New Trial and Reconsideration Of Opinion And Order On Remand entered December 2, 1981. The Supreme Court's previous opinions are reported at 208 Neb. 511, 304 N.W.2d 368 (April 10, 1981), and 209 Neb. 597,309 N.W.2d 65 (Supplemental Opinion, August 7, 1981). The period of time covered by the Opinion and Order on Remand is July 1, 1979, to June 30, 1980.
The Commission's Opinion and Order on Remand is not one of the types specified in Section 25-1916 (Supp. 1981) for which supersedeas exists as a matter of right. See AFSCME v. Dakota County , 5 CIR 221 (Order entered July 24, 1981) (the Supreme Court also denied a Motion for Supersedeas Bond in this case on September 21, 1981).
In June 1981, which was between the time of the Supreme Court's first opinion and its supplemental opinion in the previous appeal, the Respondents made a 7% across the board wage increase retroactive to July 1, 1979. As a result, Respondents claim to haveoverpaid some of the employees covered by the Opinion and Order on Remand by roughly $8,300 per month since July 1, 1979. The Respondents were able to present no evidence at the hearing on the pending Motion as to the approximate amounts by which other employees covered by the Opinion and Order on Remand have been underpaid. Respondents position is that the Commission should fix the supersedeas bond amount at the same $10,000 required in the previous appeal or at a lesser amount.
Petitioner claims that a representative of the Respondents, who was present at the hearing on this Motion and also testified on other facts, had stated to the Petitioner during efforts to negotiate a settlement of pending industrial disputes that it would cost the Respondents $300,000 to comply with the Opinion and Order on Remand for just those employees still employed by the Respondents and $500,000 to comply with the Opinion and Order for all employees who have worked for Douglas County since July 1, 1979.
The evidence does not firmly establish the amount still in question in this matter following entry of the Opinion and Order on Remand or how much of that amount pertains to the period of July 1, 1979, to June 30, 1980, the period of time covered by the Order. The evidence does clearly establish that the amount in question pursuant to the Opinion and Order on Remand is substantial.
Following the Commission's entry of the Opinion and Order on Remand, the Petitioner has initiated a separate enforcement proceeding of that Order in the District Court of Douglas County pursuant to Section 48-819.
From a consideration of all of the evidence in the record in this case, it is Ordered that the amount of the Supersedeas Bond herein be in the amount of One Hundred Thousand Dollars ($100,000.00).
All Judges assigned to the panel in this matter join in
the entry of this Order.
Entered December 11, 1981.