§ 81-1386 — Prohibited practices; enumerated; expressions permitted

Nebraska § 81-1386

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

Text

(1)
It shall be a prohibited practice for any employer, employee, employee organization,
or exclusive collective-bargaining agent to refuse to negotiate in good faith
with respect to mandatory topics of bargaining.
(2) It shall be a prohibited practice for any employer or
the employer's negotiator to:
(a) Interfere with, restrain, or coerce state employees in
the exercise of rights granted by the State Employees Collective Bargaining
Act or the Industrial Relations Act;
(b) Dominate or interfere in the administration of any employee
organization;
(c) Encourage or discourage membership in any employee organization,
committee, or association by discrimination in hiring, tenure, or other terms
or conditions of employment;
(d) Discharge or discriminate against a state employee because
the employee has filed an affidavit, petition, or complaint or given any information
or testimony under the Industrial Relations Act or the State Employees Collective
Bargaining Act or because the employee has formed, joined, or chosen to be
represented by any employee organization;
(e) Refuse to negotiate collectively with representatives
of exclusive collective-bargaining agents as required in the Industrial Relations
Act and the State Employees Collective Bargaining Act;
(f) Deny the rights accompanying certification or exclusive
recognition granted in the Industrial Relations Act or the State Employees
Collective Bargaining Act; and
(g) Refuse to participate in good faith in any impasse procedures
for state employees as set forth in sections 81-1381 to 81-1385 .
(3) It shall be a prohibited practice for any employees,
employee organization, or bargaining unit or for any of their representatives
or exclusive collective-bargaining agents to:
(a) Interfere with, restrain, coerce, or harass any state
employee with respect to any of the employee's rights under the Industrial
Relations Act or the State Employees Collective Bargaining Act;
(b) Interfere, restrain, or coerce an employer with respect
to rights granted in the Industrial Relations Act or the State Employees Collective
Bargaining Act or with respect to selecting a representative for the purposes
of negotiating collectively on the adjustment of grievances;
(c) Refuse to bargain collectively with an employer as required
in the Industrial Relations Act or the State Employees Collective Bargaining
Act; and
(d) Refuse to participate in good faith in any impasse procedures
for state employees set forth in sections 81-1381 to 81-1385 .
(4) The expressing of any views, argument, or opinion, or
the dissemination thereof, whether in written, printed, graphic, or visual
form, shall not constitute or be evidence of any unfair labor practice under
any of the provisions of the Industrial Relations Act or the State Employees
Collective Bargaining Act if such expression contains no threat of reprisal
or force or promise of benefit.

Legislative History

Source: Laws 1987, LB 661, § 18; Laws 2011, LB397, § 31. Cross References: Industrial Relations Act, see section 48-801.01.