7 CIR 205 (1984).


Unincorporated Association, |
Petitioner, |
Respondent. |

Before: Judges Kratz, Gradwohl, and Davis


The Petitioner, State Code Agencies Education Association, has requested collective bargaining negotiations with the Respondent, Department of Correctional Services, for the 1984-85 contract year. In response, the Respondent informed Petitioner that "economic items remain non-negotiable". Petitioner asks for an order directing the Respondent to engage in good faith negotiations with the Petitioner on all terms and conditions of employment for the employees in the bargaining unit for the 1984-85 contract year, including salary and other economic items, and requests an immediate temporary order in this regard.

A hearing on the application for temporary order was held on April 10. 1 Both parties have filed briefs. The issue is whether or not this Commission can enter a temporary bargaining order with regard to wages and other economic items which have been included in the Legislature's 1984-85 appropriations bill.

No evidence was presented at the hearing. We judicially note (See. 27-201, R.R.S., 1943), however, that the Nebraska Legislature has adjourned and prior to adjournment, it enacted LB 1128, a bill which appropriates money for the operation of the state government for the period from July 1, 1984, to June 30, 1985 .2

In the case of Locals 58, 601, 671, 1188, 1459 and 2504 of the American Federation of State County and Municipal Employees, et. al. v. State of Nebraska, Department of Public Institutions, Case No. 510, this Commission considered a request for an order requiring the Department of Public Institutions to bargain with regard to wages and other terms and conditions of employment for the fiscal year from July 1, 1983, to June 30, 1984. We ruled as follows:

"The period in question in the present case is the 1983-1984 annual budgeting period. Under Section 48-837, R.R.S. Neb. 1943, collective bargaining agreements with the State of Nebraska or any agency thereof must be submitted for approval by the Legislature at the same legislative session as the budget for that period is adopted by the Legislature.

"The appropriations bill for the annual budgeting period of 1983-84 was adopted by the 1983 session of the Nebraska Legislature. For the same reasons as those stated in the State Code Agencies Education Association opinion and order, set out above, we conclude that the "proviso" in Section 48-837 precludes the Commission from ordering these parties to negotiate collectively at this time with respect to wages and conditions of employment for the 1983-84 annual budgeting period."

We have the same situation exactly in the instant case, except we are one year further along. The period in question is the 1984-85 annual budgeting period and the appropriations bill for the annual budgeting period of 1984-85 was adopted by the 1984 session of the Nebraska legislature. Therefore, the rulings in the Department of Public Institutions (#510) and the State Code Agencies Education Association (#520) cases apply and the "proviso" in Section 48-73 again precludes this commission from ordering the parties to negotiate. The request for a temporary order is therefore denied.

Filed April 25, 1984

1 Subsequent to the hearing on the application for a temporary order, Respondent filed a demurrer which claims that the petition fails to state a cause of action upon which relief can be granted.

2 According to Respondent's brief, LB 1128 provides for a salary increase for permanent employees and additional increases based on promotions, merit, salary grade adjustments or reclassifications. Also, LB 880 provides insurance benefits for employees of state agencies and LB 772 provides a 3% salary increase for all permanent employees with a minimum of 6 months continuous service.