A-16-0007, Public Association of Government Employees v. City of Lincoln, Nebraska (Appellant)
Nebraska Commission of Industrial Relations, Commissioners Sarah S. Pillen, William G. Blake, and Joel E. Carlson
Attorney for Appellant: John C. Hewitt (Cline Williams Wright Johnson & Oldfather, L.L.P.)
Attorney for Appellee: Gary L. Young, Thomas P. McCarty (Keating, O'Gara, Nedved & Peter, P.C., L.L.O.)
Civil Action: prohibited practice under Nebraska's Industrial Relations Act (IRA)
Action Taken by Trial Court: The Commission of Industrial Relations determined that the City of Lincoln committed a prohibited practice by failing to bargain over a mandatory subject of bargaining.
Assignments of Error on Appeal: On appeal, the City of Lincoln assigns that the Commission erred in (1) finding it had jurisdiction to determine whether the City committed a prohibited practice, (2) finding that implementation of the City's stand-by plan constituted a per se violation of the IRA and a prohibited practice, (3) failing to find that the stand-by plan was covered by the parties' collective bargaining agreement and therefore not subject to a duty to bargain under the IRA, (4) finding that the stand-by plan constituted a mandatory subject of bargaining under the IRA, and (5) failing to find the stand-by plan to be a management prerogative under the IRA.