Fraternal Order of Police v. City of York, Nebraska

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Fraternal Order of Police v. City of York, Nebraska

Additional Case Names

9:25am

Case Number
S-20-0588
Call Date
April 2, 2021
Case Time
9:00 AM
Court Number
CIR
Case Location
Lincoln
Court Type
CIR
Case Summary

S-20-0588 Fraternal Order of Police, Lodge 31 (Appellant) v. City of York, Nebraska

Nebraska Commission of Industrial Relations, Hon. William G. Blake, Hearing Commissioner, Hon. Patricia L. Vannoy, and Hon. Dallas D. Jones

Attorneys:                Thomas P. McCarty, Gary L. Young (Keating, O’Gara, Nedved, & Peter, PC, LLO, for Appellant);

                                     Kari A. F. Scheer, Jerry L. Pigsley (Woods Aitken LLP, for Appellee)

Civil:                           Industrial Relations Act – Prohibited Practice Petition

Proceedings below:     The Commission of Industrial Relations dismissed the prohibited practice petition after it determined that management rights provisions of the parties’ collective bargaining agreement covered the City’s imposition of a residency requirement as part of a promotion decision and therefore the City was not required to bargain with Appellant before imposing residency requirement on officer who was promoted to sergeant.

Issues on Appeal: Whether the Commission of Industrial Relations erred when 1) it determined that the management rights provisions of the collective bargaining agreement covered the imposition of a residency requirement as part of a promotion; and 2) it determined that by agreeing to the management rights provisions, the Appellant waived its right to bargain over residency requirements.

Schedule Code
SC