8 CIR 340 (1986)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

EDUCATIONAL SERVICE UNIT | CASE NO. 642
NO. 1 EDUCATION ASSOCIATION, |
|
Petitioner, |
|
v. | ORDER
|
EDUCATIONAL SERVICE UNIT NO. 1 |
OF THE STATE OF NEBRASKA, A |
Political Subdivision |
|
Respondent. |

MULLIN, J:

This matter comes before the Commission on its own motion from a review of the pleadings. The Respondent, in its Answer and Cross-Petition For Amendment of Certified Unit, has requested that the Commission amend the scope of the bargaining unit to exclude certain positions.

Those positions that the Respondent wants to amend out of the unit are in the unit by virtue of a Commission certification order. When a wage case is pending, public policy demands a quick and speedy determination and neither party should be allowed to hold up a wage determination case by injecting a bargaining unit question. A party seeking to amend a bargaining unit is required to file a separate action in the representation docket under the procedure provided by Rule 12. It is inappropriate to consider a change in the unit within a Section 48-818 wage determination.

Therefore, the Commission ORDERS that the Respondent's Cross-Petition be dismissed.

Entered August 14, 1986.

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