| DOUGLAS COUNTY HEALTH | | | CASE NO. 603 |
| DEPARTMENT EMPLOYEES | | | |
| ASSOCIATION, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| v. | | | ORDER |
| | | ||
| COUNTY OF DOUGLAS, A Political | | | |
| Subdivision of the State of | | | |
| Nebraska, | | | |
| | | ||
| Respondent. | | |
ORR, J:
This matter came on for hearing by telephone conference call before the Honorable John B. Ashford upon the Motion to Dismiss filed by the Respondent herein. The Petitioner was represented by its attorney, Thomas J. Young. The Respondent was represented by its attorneys, H.L. Wendt and William A. Harding.
On October 16, 1985, the Petitioner filed a petition with the Commission and served a copy of the petition and a Notice of Pendency, as required by Neb. Rev. Stat. 48-813(1) and Commission Rule 5A, upon the Administrative Assistant of the County Board.
Two of the three causes of action contained in the Petitioner's Petition requested temporary as well as permanent relief. Section 48-816.02 provides: "In any request for temporary relief under Chapter 48, the Commission of Industrial Relations shall mandatorily hold the initial hearing within ten days from the date of the filing." Accordingly, a hearing on the Petitioner's request for temporary relief was scheduled for October 25, 1985.
On October 21, 1985, the Respondent filed an Answer in accordance with Commission Rule 6 which alleged, inter a lia , that Petitioner's service of process on the Administrative Assistant of the County Board was improper under Neb. Rev. Stat. 25-510.02(2)(Cum. Supp. 1984).
Section 25-510.02(2) provides: "Any county, city or village of this state may be served by personal, residence, or certified mail service upon the chief executive officer, or clerk."
The same day the Respondent filed its Answer, it also filed a "Motion to Dismiss" the Petition contending that the "Failure to obtain proper service deprives the Commission of jurisdiction."
On October 22, 1985, the Petitioner, in compliance with 25-510.02(2), served process upon the Douglas County Clerk.
The hearing on the Respondent's Motion to Dismiss took place on October 23, 1985.
We find that the Respondent's Motion to Dismiss should be overruled.
The Commission of Industrial Relations obtains jurisdiction over a case at the time a petition is filed with it.
Neb. Rev. Stat. 48-811 provides, in part:
Any employer, employee, or labor organization, or the Attorney General of Nebraska on his own initiative or by order of the Governor, when any industrial dispute exists between parties as set forth in Section 48-810, may file a petition with the Commission of Industrial Relations invoking its jurisdiction. (emphasis added).
Furthermore, Nebraska Revised Statute 48-813(1) provides, in part:
Whenever the jurisdiction of the Commission of Industrial Relations is invoked, notice of the pendency of the proceedings shall be given in such manner as the Commission shall provide for serving a copy of the petition and notice of filing upon the adverse party.
The clear meaning of these sections is that the jurisdiction of the Commission is invoked when a petition is filed with it, not when service of process is perfected.
In this instance, we find that service of process was perfected within a timely manner and that the Respondent's Motion To Dismiss should be overruled. We also find that the Preliminary Proceeding and the hearing on the Petitioner's request for temporary orders should be heard as previously scheduled.
At the hearing on the Motion to Dismiss, the attorneys for the Respondent orally objected to the Petitioner's submission of written interrogatories after the date of the filing of the Petition. We find that the issue of whether the Petitioner's written interrogatories are proper should be taken under advisement and written briefs submitted thereon.
IT IS, THEREFORE, ORDERED:
1. That the Respondent's Motion to Dismiss is overruled;
2. That the Preliminary Proceeding and the Hearing on Petitioner's request for temporary orders shall be held on Friday, October 25, 1985, as previously scheduled; and
3. That the issue of whether the Petitioner's interrogatories are proper is hereby taken under advisement; the parties shall have until Wednesday, October 30, 1985 to file written briefs with the Commission discussing this issue.
Entered October 24, 1985.
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