8 CIR 88 (1985)


LOCAL NO. 385, |
Petitioner, |
v. | ORDER
Respondent. |


For the Petitioner: John P. Fahey

1823 Harney, Suite 201

Omaha, Nebraska

For the Respondents: Kent R. Whinnery

Assistant City Attorney

804 Omaha/Douglas Civic Center

Omaha, Nebraska

Before: Judges Gradwohl, Ashford, and Orr.


The Petition in this matter was filed January 22, 1985, alleging an industrial dispute as to wage rates, hours and conditions of employment for bargaining unit employees for the period commencing January 1, 1985. The Association's Proof of Service was filed January 24, 1985.

A Preliminary Proceeding was held, pursuant to Section 48-816(10, on February 13, 1985. Both parties were represented by counsel. Procedures agreeable to the parties were established in accordance with Section 48-816. Among other things, the Preliminary Order entered February 13, 1985, set the pretrial conference for March 18, 1985, and the trial to commence on April 4, 1985, at 9:00 a.m., and to continue, if necessary, on April 5, 1985.

Pursuant to the Preliminary Order, a Pretrial Conference was held on March 18, 1985. The attorney for the City did not appear at the pretrial conference; additionally, the City had not filed a responsive pleading herein.

The Report of Pretrial Conference states:

By agreement with the City, and with the prior approval of the Hearing Judge, it was determined that:

1.Prior to the day of the trial, each party shall file the following with the Clerk of the Commission:

a)copies of the exhibits it intends to introduce at trial; and

b)a list of the witnesses it intends to call to testify at trial;

2.Both parties waive objections as to foundation for all exhibits to be presented at trial;

3.The issues to be resolved at the trial in this matter remain essentially as stated in the Preliminary Order entered in this case on February 13, 1985.

The City is hereby ORDERED to file a Responsive Pleading in this matter by March 22, 1985. The trial in this matter will commence on April 4, 1985 at 9:00 a.m., as previously ordered.

The Report of Pretrial Conference has not been complied with by either party in any respect.

There has been no Responsive Pleading filed by the City. there has been no filing by either party since entry of the Report of Pretrial Conference.

Neither party appeared at the commencement of the trial at 9:00 a.m. on April 4, 1985.

It is, therefore, ORDERED that the matter be dismissed.

All Judges assigned to the panel in this matter join in the entry of this Opinion and Order.

Entered April 4, 1985