§ 81-1383 — Commission order; commission; powers; duties; procedure; modification; appeal

Nebraska § 81-1383

• Jurisdiction: Nebraska
• Ch. 81: State Administrative Departments

Text

(1) No later than March 1, the commission
shall enter an order on each unresolved issue.
(2)(a) The commission's
order shall establish rates of pay and conditions of employment which are
comparable to the prevalent wage rates paid and conditions of employment maintained
by peer employers for the same or similar work of workers exhibiting like
or similar skills under the same or similar working conditions.
(b)(i) In
establishing wage rates, the commission shall take into consideration the
overall compensation received by the employees at the time of the negotiations,
having regard to:
(A) Wages for time actually worked;
(B) Wages for time not
worked, including vacations, holidays, and other excused time, and all benefits
received, including insurance and pensions; and
(C) The continuity and
stability of employment enjoyed by the employees.
(ii) The commission shall
determine whether the total compensation of the members of the bargaining
unit or classification falls within a ninety-eight percent to one hundred
two percent range of the array's midpoint. If the total compensation falls
within the ninety-eight percent to one hundred two percent range, the commission
shall order no change in wage rates. If the total compensation is less than
ninety-eight percent of the midpoint, the commission shall enter an order
increasing wage rates to ninety-eight percent of the midpoint. If the total
compensation is more than one hundred two percent of the midpoint, the commission
shall enter an order decreasing wage rates to one hundred two percent of the
midpoint. If the total compensation is more than one hundred seven percent
of the midpoint, the commission shall enter an order reducing wage rates to
one hundred two percent of the midpoint in three equal annual reductions.
If the total compensation is less than ninety-three percent of the midpoint,
the commission shall enter an order increasing wage rates to ninety-eight
percent of the midpoint in three equal annual increases. If the commission
finds that the year in dispute occurred during a time of recession, the applicable
range will be ninety-five percent to one hundred two percent. For purposes
of this section, recession occurrence means the two nearest quarters in time,
excluding the immediately preceding quarter, to the effective date of the
contract term in which the sum of the net state sales and use tax, individual
income tax, and corporate income tax receipts are less than the same quarters
for the prior year. Each of these receipts shall be rate and base adjusted
for state law changes. The Department of Revenue shall report and publish
such receipts on a quarterly basis.
(c) For purposes of determining peer employer
comparability, the following factors shall be used by the commission:
(i) Geographic
proximity of the employer;
(ii) Size of the employer, which shall
not be more than twice or less than one-half, unless evidence establishes
that there are substantial differences which cause the work or conditions
of employment to be dissimilar;
(iii) The employer's budget for operations
and personnel; and
(iv)
Nothing in this subdivision (2)(c) of this section shall prevent parties from
stipulating to an array member that does not otherwise meet the criteria in
such subdivision, and nothing in such subdivision shall prevent parties from
stipulating to less than seven or more than nine array members.
(d) To determine
comparability for employees of the Board of Regents of the University of Nebraska
or employees of the Board of Trustees of the Nebraska State Colleges, the
commission shall utilize peer institutions with similar enrollments and similar
educational missions which may exclude land grant institutions or institutions
that have a medical center or hospital. Additionally, the commission shall
refer to peer institutions with similar program offerings including the level
of degrees offered.
(e) Any order or orders entered may be modified on the commission's
own motion or on application by any of the parties affected, but only upon
a showing of a new and material change in the conditions from those prevailing
at the time the original order was entered.
(3) In cases filed under the State Employees
Collective Bargaining Act, the commission shall not be bound by the usual
common law or statutory rules of evidence or by any technical or formal rules
of procedure, other than those adopted pursuant to section 48-809 . The commission
shall receive evidence relating to array selection, job match, and wages and
benefits which have been assembled by telephone, electronic transmission,
or mail delivery and any such evidence shall be accompanied by an affidavit
from the employer or any other person with personal knowledge which affidavit
shall demonstrate the affiant's personal knowledge and competency to testify
on the matters therein. The commission, with the consent of the parties to
the dispute and in the presence of the parties to the dispute, may contact
an individual employed by an employer under consideration as an array member
by telephone to inquire as to the nature or value of a working condition,
wage, or benefit provided by that particular employer as long as the individual
in question has personal knowledge about the information being sought. The
commission may rely upon information gained in such inquiry for its decision.
Opinion testimony shall be received by the commission based upon evidence
provided in accordance with this subsection. Testimony concerning job match
shall be received if job match inquiries were conducted by telephone, electronic
transmission, or mail delivery if the witness providing such testimony verifies
the method of such job match inquiry and analysis.
(4) The commission shall
file its findings of fact and conclusions of law with its order.
(5) Either
party may, within thirty days after the date such order is filed, appeal to
the Supreme Court. The standard of review for any appeal to the Supreme Court
shall be as provided in subsection (4) of section 48-825 .
(6) The commission or
the Supreme Court shall not enter an order for any period which is not the
same as or included within the budget period for which the contract is being
negotiated.
(7) All items agreed upon
during the course of negotiations and not submitted
as an unresolved issue to the commission shall, when ratified
by the parties, take effect concurrent with the biennial budget period and
shall constitute the parties' contract. Upon final resolution of appeals of
all unresolved issues, the parties shall
reduce the orders of the commission or the Supreme Court to writing and incorporate
them into the contract without ratification.

Legislative History

Source: Laws 1987, LB 661, § 15; Laws 1991, LB 732, § 150; Laws 2011, LB397, § 28. Annotations: Parties are not permitted to offer additional evidence before the Commission of Industrial Relations. The commission's review of a special master's ruling is an appeal and does not provide for the admission of additional evidence. State v. State Code Agencies Teachers Assn., 280 Neb. 459, 788 N.W.2d 238 (2010).