S-17-0916 Nebraska Protective Services Unit, Inc., d/b/a/ Fraternal Order of Police Lodge #88 (Appellant) v. State of Nebraska v. The Nebraska Association of Public Employees, Local 61 of the American Federation of State, County and Municiplal Employees (NAPE/AFSCME)
Commission of Industrial Relations (CIR), Honorable Sarah S. Pillen, Hearing Commissioner, Honorable Joel E. Carlson, & Honorable William G. Blake
Attorneys: Gary Young & Thomas Fox (Keating, O’Gara, Nedved & Peter, P.C., L.L.O.) (Appellant) --- Dalton W. Tietjen (Tietjen, Simon & Boyle) --- The State of Nebraska waived its right to file a brief
Civil: Collective bargaining; representation
Proceedings Below: The CIR dismissed Appellant’s petition for election for decertification of a labor organization and for certification of a labor organization for failure timely file the petition.
Issues: The CIR erred in 1) finding that the Appellant did not file its Petition within the appropriate widow for seeking decertification of a bargaining unit representative under Rule 9(II)(C)(1) of the Rules of the Nebraska Commission of Industrial Relations, 2) concluding that the Petition was filed outside the proper window, 3) not ordering an election to be held, and 4) dismissing the Appellant's Petition for Election for Decertification of a Labor Organization and for Certification of a Labor Organization.