| COUNTY OF DAKOTA, STATE OF | | | CASE NO. 517 |
| NEBRASKA, A political subdivision; | | | REP. DOC. NO. 169 |
| GRETCHEN HIRSCHBACH, CHARLES RUSH, | | | |
| PAUL CULBERTSON, LEO ENGEL, | | | |
| ROBERT GARVEY, County | | | |
| Commissioners of Dakota County, | | | |
| Nebraska, and BETTY BARNES, | | | |
| County Assessor of Dakota County, | | | |
| Nebraska; JAMES L. WAGNER, County | | | |
| Sheriff of Dakota County, | | | |
| Nebraska; ROBERT GIESE, County | | | |
| Treasurer of Dakota County, | | | |
| Nebraska; TED PIEPHO, County Clerk | | | |
| of Dakota County, Nebraska; | | | |
| | | ||
| Plaintiffs, | | | |
| | | ||
| v. | | | TEMPORARY FINDINGS |
| | | AND ORDER | |
| AMERICAN FEDERATION OF | | | |
| STATE, COUNTY AND MUNICIPAL | | | |
| EMPLOYEES, LOCAL 2049-A, and | | | |
| AMERICAN FEDERATION OF STATE, | | | |
| COUNTY AND MUNICIPAL EMPLOYEES, | | | |
| NEBRASKA STATE COUNCIL NO. 32, | | | |
| | | ||
| Defendant. | | |
Before : Judges Davis, Gradwohl, and Orr
DAVIS, J :
This matter came on for hearing on May 20, 1983, as previously ordered. The Plaintiffs were represented by James C. Hanks. The Defendant was represented by John B. Ashford.
A controlling statutory provision is Section 48-816(1) which states in part:
"After a petition has been filed under the provisions of section 48-811, the clerk shall immediately notify the members of the Commission of Industrial Relations, which shall promptly take such preliminary proceedings as may be necessary to insure a prompt hearing and speedy adjudication of the industrial dispute. The commission shall have power and authority upon its own initiative or upon request of a party to the dispute to make such temporary findings and orders as may be necessary to preserve and protect the status of the parties, property and public interest involved, pending final determination of the issues."
The Commission finds that the Plaintiffs have discontinued bargaining with the Defendant on a new collective bargaining agreement and have initiated this proceeding to decertify the Defendant as bargaining representative because it is their reasonable belief that Defendant no longer represents a majority of the employees in the bargaining unit.
Pursuant to Section 48-816(1), the Commission has the power and the authority to enter a temporary order to preserve and protect the status of the parties, property and public interest involved, pending final determination of the issues.
The Commission further finds that the public interest will be best served by the entry of a Temporary Order relieving the Plaintiffs from any duty to bargain until such time as this proceeding has been concluded or until the further order of this Commission.
IT IS THEREFORE ORDERED that the Plaintiffs be and hereby relieved from any duty to bargain with Defendant until such time as this proceeding has been concluded or until the further order of this Commission.
All Judges assigned to the panel in this matter join in these Temporary Findings and Order.
Filed June 9, 1983
_______________________________