| THE GAME AND PARKS | | | CASE NO. 586 |
| CHAPTER OF THE NEBRASKA | | | |
| ASSOCIATION OF PUBLIC | | | |
| EMPLOYEES, An Incorporated | | | |
| Association, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| v. | | | |
| | | ||
| GAME AND PARKS COMMISSION | | | |
| OF THE STATE OF NEBRASKA, | | | |
| A Political Subdivision, | | | |
| | | ||
| Respondent. | | | |
| | | ||
| THE DEPARTMENT OF ROADS | | | CASE NO. 587 |
| CHAPTER OF THE NEBRASKA | | | |
| ASSOCIATION OF PUBLIC | | | |
| EMPLOYEES, An Incorporated | | | |
| Association, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| v. | | | TEMPORARY ORDER |
| | | ||
| DEPARTMENT OF ROADS OF | | | |
| THE STATE OF NEBRASKA, | | | |
| A Political Subdivision, | | | |
| | | ||
| Respondent. | | |
Appearances:
For the Petitioner: Vincent M. Powers
134 So. 13th Street
Suite 1214
Lincoln, Nebraska
For the Respondents: Ruth Anne Galter
Ass't. Attorney General
2115 State Capitol
Lincoln, Nebraska
Before Judges Orr, Kratz and Ashford.
ORR, J:
These cases came on for an evidentiary hearing on March 27, 1985, upon Applications for Temporary Orders filed by each of the above-named petitioners. By agreement of the parties, the cases were combined solely for the purpose of the hearing on the Applications.
The petitioners were represented by their attorney, Vincent M. Powers and the respondents by their attorney, Ruth Anne Galter. The issue presented in both cases is whether agencies or departments of the State of Nebraska can be ordered to bargain with their employees over terms and conditions of employment which are the subject of mandatory rules and regulations promulgated by the Nebraska Department of Personnel.
The Commission of Industrial Relations has jurisdiction over the parties and the subject matter of this action. See State Code Agencies Ed. Ass'n v. Department of Pub. Inst., 219 Neb. 555, N.W.2d. (1985); State Code Agencies Ed. Ass'n v. Department of Pub. Welfare, 7 CIR 134 (1984). The Commission of Industrial Relations has the authority to set wages and other terms and conditions of employment for agencies or departments of the State of Nebraska in all areas not specifically mandated or prohibited by statute. State Code Agencies Ed. Ass'n v. Department of Pub. Inst., 219 Neb. 555, N.W.2d. (1985); State Code Agencies Ed. Ass'n v. Department of Pub. Welfare, 7 CIR 134 (1984); State Code Agencies Ed. Ass'n v. Department of Pub. Welfare, 7 CIR 217 (1984); State Code Agencies Ed. Ass'n v. Department of Correctional Services, 7 CIR 226 (1984); Nebraska Dept. of Ed. Teachers Ass'n v. Department of Education, 7 CIR 236 (1984); State Code Agencies Ed. Ass'n v. Department of Social Services, 7 CIR 263 (1984).
The rules and regulations of the Department of Personnel do not supercede or take precedence over the authority granted to the Commission of Industrial Relations by 48-801, et. seq., to set wages and other terms and conditions of employment nor do they supercede or take precedence over the rights of state employees to bargain under the authority of these statutes. See Drinkwine v. Flebbe, 219 Neb. 291, N.W.2d. (1985). To the extent that wages, terms and conditions of employment of employees of agencies or departments of the State of Nebraska are not specifically mandated or prohibited by the legislature, the Commission has authority to order the parties to bargain over said wages, terms and conditions of employment. We find that the petitioners' Applications for Temporary Orders to bargain should be granted.
IT IS, THEREFORE, ORDERED that:
1. The Game and Parks Chapter of the Nebraska Association of Public Employees and the Game and Parks Commission of the State of Nebraska shall bargain in good faith with respect to wages, hours and other terms and conditions of employment not specifically mandated or prohibited by statute for those employees who are represented by the Games and Parks Chapter of the Nebraska Association of Public Employees;
2. The Department of Roads Chapter of the Nebraska Association of Public Employees and the Department of Roads of the State of Nebraska shall bargain in good faith with respect to wages, hours and other terms and conditions of employment not specifically mandated or prohibited by statute for those employees who are represented by the Department of Roads Chapter of the Nebraska Association of Public Employees;
3. The parties shall file status reports with the Clerk of the Commission on the progress of bargaining within 30 days of the date of this Order.
All Judges assigned to this panel in this matter join in the entry of this Opinion and Order.
Entered April 5, 1985.
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