S-11-0778, Douglas County Health Center Security Union (petitioner-appellee) v. Douglas County, Nebraska (Respondent-appellant)
Commission of Industrial Relations—Judge William Blake
Civil—industrial relations; contract negotiation
Attorneys: Donald W. Kleine & Diane M. Carlson of Douglas County (appellant)—Raymond Aranza of Scheldrup, Blades, Schrock, Smith, & Aranza PC (appellee)
Proceedings Below: The CIR found that Douglas County had committed a prohibited practice by failing to negotiate the union contract in good faith and by attempting to contract out the work to a private entity without negotiating with the union before doing so.
Issues: The County assigns the following as error:
1) The CIR erred in finding that the county committed a prohibited practice by failing to negotiate with the union over its decision to contract out the bargaining unit work;
2) The CIR erred because the union could not establish that the county’s motivation behind its decision was to undermine the union or discriminate against its members.
3) The CIR erred in not giving full force and effect to the plain language of a collective bargaining agreement that unequivocally defined the parties’ rights regarding contracting out bargaining work.
4) The CIR erred in concluding that the county refused to negotiate the impact of contracting out the bargaining unit work.
5) The CIR erred in awarding attorney fees to the union.