§ 81-1387 — Prohibited practices; proceedings; appeal; grounds

Nebraska § 81-1387

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

Text

(1) Proceedings
against a party alleging a violation of section 81-1386 shall be commenced
by filing a complaint with the commission within one hundred eighty days of
the alleged violation thereby causing a copy of the complaint to be served
upon the accused party. The accused party shall have ten days within which
to file a written answer to the complaint. If the commission determines that
the complaint has no basis in fact, the commission may dismiss the complaint.
If the complaint has a basis in fact, the commission shall set a time for
hearing. The parties shall be permitted to be represented by counsel, summon
witnesses, and request the commission to subpoena witnesses on the requester's
behalf.
(2) The commission shall file its findings of fact and conclusions
of law. If the commission finds that the party accused has committed a prohibited
practice, the commission, within thirty days of its decision, shall order
an appropriate remedy. Any party may petition the district court for injunctive
relief pursuant to rules of civil procedure.
(3) Any party aggrieved by any decision or order of the commission
may, within thirty days from the date such decision or order is filed, appeal
therefrom to the Supreme Court.
(4) Any order or decision of the commission may be modified,
reversed, or set aside by the appellate court on one or more of the following
grounds and on no other:
(a) If the commission acts without or in excess of its powers;
(b) If the order was procured by fraud or is contrary to
law;
(c) If the facts found by the commission do not support the
order; and
(d) If the order is not supported by a preponderance of the
competent evidence on the record considered as a whole.

Legislative History

Source: Laws 1987, LB 661, § 19; Laws 1991, LB 732, § 152; Laws 1992, LB 360, § 38; Laws 2011, LB397, § 32. Annotations: An order regarding unit clarification is an "order of the commission" under section 81-1387(3) and, thus, is appealed to the Supreme Court. Fraternal Order of Police Lodge #88 v. State, 316 Neb. 28, 3 N.W.3d 82 (2024). The Commission of Industrial Relations, as an administrative body, has only that authority specifically conferred upon it by statute or by construction necessary to achieve the purpose of the relevant act. Jolly v. State, 252 Neb. 289, 562 N.W.2d 61 (1997). Under the Industrial Relations Act, section 48-801 et seq., and the State Employees Collective Bargaining Act, section 81-1369 et seq., the Commission of Industrial Relations does not have the statutory authority to entertain or grant motions for summary judgment. Jolly v. State, 252 Neb. 289, 562 N.W.2d 61 (1997).