Nebraska Commission of Industrial Relations

Rules

Appendices:

pdf iconAppendix A - Notice of Election | pdf iconAppendix B - Official Secret Ballot | pdf iconAppendix C - Notice of Election Form |
pdf iconAppendix D - Notice of Pendency | pdf iconAppendix E - Proof of Service | pdf iconAppendix F - Notice of Filing Praecipe for Subpoena Duces Tecum

Rule Numbers:

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 | 42


RULE 1 - Scope

Scope: These rules shall govern practice, procedure and other matters before the Nebraska Commission of Industrial Relations pertaining to the Industrial Relations Act (IRA) so far as they are applicable and are not inconsistent with any statute of the State of Nebraska or order of the Supreme Court of the State of Nebraska having the force of law. They also govern the State Employees Collective Bargaining Act (SECBA) unless specifically changed by Rule 42.

RULE 2 - Statutory Procedure

Statutory Procedure: The procedures set forth in NEB.REV.STAT. §§48-801, et. seq., as amended, are not repeated in these rules. Parties shall make references to these statutes, when applicable, in any matter before the Commission.

RULE 3 - Definitions

Definitions: "Commission" shall mean the Nebraska Commission of Industrial Relations.
"Petitioner" shall mean the party filing a petition with the Commission.
"Respondent" shall mean the party against whom action or relief is prayed or who opposes the prayer of the petition.
"Intervener" shall mean a party who voluntarily interposes in a proceeding before the Commission.
"Commissioner Panel" shall mean the three Commissioners assigned by the presiding officer of the Commission to hear and decide a matter filed with the Commission (Rule 26).
"Commissioner" shall mean the individual who has statutorily been appointed by the Governor and approved by the Nebraska Legislature to serve as a Commissioner of the Commission.
"Hearing Commissioner" shall mean the one Commissioner of the Commission Panel who hears all matters presented to the Commission Panel except for motions and trials of petitions filed under Neb. Rev. Stat. §48-818 (Rule 26).

RULE 4 - Representation of Parties

Representation of Parties :Except as provided in NEB.REV.STAT.§7-101.01 and §7-103, no person shall commence, conduct or defend any action or proceeding before the Commission to which the individual is not a party, unless the individual has been previously admitted to the bar by order of the Nebraska Supreme Court. No paper shall be received or filed in any action or proceeding before the Commission unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by the party to the action or proceeding.

RULE 5 - Communications and Pleadings Generally

Communications and Pleadings Generally

A.Transmittal of Copies of Communications.

  1. Unless indicated elsewhere in this rule, copies of any communication regarding any matter pending or to become pending before the Commission, including formal pleadings, motions, briefs, letters, etc., regardless of whether the Clerk or one or more of the Commissioners is the express or implied addressee, shall also be transmitted to the private office of each of the three assigned panel Commissioners, and to each person named as counsel or representative of an opposing party (See Rule 5F) and the original shall be filed with the Commission. Until such panel is assigned, or if a case is ordered en banc, copies of any communication shall be sent to the private offices of all Commissioners. Transmittal of copies of pleadings, motions, and briefs, shall be evidenced by a certificate attached thereto; transmittal of copies of letters shall be evidenced by a notation below the signature of the writer. All copies shall be transmitted by ordinary mail, postage prepaid, or by courier, and shall bear the name, address, zip code and phone number of the transmitter.
  2. Pleadings, motions or other documents may be filed with the Commission by fax. Petitions shall not be accepted by fax unless the filing fee required by NEB.REV.STAT. §48-811.01 is received prior to transmission. The fax shall be preceded by an attached cover sheet specifying the number of pages and containing the sender's name, address, telephone number and fax number. Each fax shall be limited to twenty (20) pages, excluding the cover sheet, unless prior approval is received by the Clerk or other employee of the Commission. Paragraphs numbered 4, 9, and 10 of the Nebraska Supreme Court Rules For the Use of Fax Machines in State Courts shall apply to this Commission. Specifically, the original document transferred by fax shall remain solely with the sender, unless otherwise directed by the Commission.
  3. Pleadings, motions or other documents may be filed with the Commission by electronic filing such as email. Petitions shall not be accepted by electronic filing unless the filing fee required by NEB.REV.STAT.§48-811.01 is received prior to transmission. The electronic filing must contain a subject line stating: Attention Clerk CIR Filing, including the case number if applicable, and the names of the parties. All filings must bear a signature and must be emailed to industrial.relations@nebraska.gov. A person seeking to file a signed document may electronically file a copy of the original signed document. Notwithstanding any provision of the law to the contrary, a signature reproduced by electronic transmission is an original signature for the purposes of the electronic filing only. Anyone who files a signed document by electronic filing represents that the original signed document is physically in his or her possession or control. The sender bears all risk of electronic filing. The Clerk is not required to acknowledge that an electronic filing has been received or accepted. The Clerk is also under no duty to serve on a party a copy of the electronic filing. Electronic transmission of a document does not constitute filing; filing is complete only after the receiving clerk's acceptance for filing in compliance with applicable statutes and these rules.

B. Size of Pleadings. All pleadings, motions, and proposed orders shall be printed or typewritten on 8 1/2 by 11 inch paper, except as otherwise ordered.

C. Case Number on Pleadings, Motions, Briefs. All pleadings, motions and papers to be filed with the Commission shall contain the case number and representation docket number, if applicable, assigned to that matter by the Commission.

D. Copies of Exhibits Attached to the Pleadings and Motions . Non-confidential exhibits attached to any pleading or motion filed with the Commission by a party shall be considered to be a part of the pleading or motion and copies of the same shall be transmitted as provided in Rule 5A above, at the time the copy of the pleading or motion is transmitted. All such exhibits shall be of a quality capable of being photocopied. Any document or exhibit on the Rule 10 showing of interest which identifies the employees requesting a representation election is a confidential exhibit pursuant to NEB.REV.STAT. §48-838(3) and shall be transmitted only to the Commission and shall not be transmitted to any other party to the proceeding nor is it necessary to transmit copies to the Commissioners.

E. Signing and Verification of Pleadings. Every pleading of a party represented by an attorney of record shall be signed by at least one attorney in the attorney's individual name and shall set forth the attorney's address, telephone number and I.D. number. Except when otherwise provided by rule or statute such pleadings need not be verified. The signature of an attorney constitutes a certificate of having read the pleading, that to the best of the attorney's knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay. A party who files pleadings and is not represented by an attorney shall sign and verify those pleadings and state the party's address and telephone number on such pleadings.

F. Form of Pleadings. Every petition, cross-petition, and petition in intervention, to the extent not included accurately in a prior pleading in the same proceedings, shall include the name of the labor organization or organizations interested or involved and the name of the governmental employer or employers involved and the name, address, and telephone number of the counsel, if any, of each, and if none, the name, address, and telephone number of the individual who has been representing the organization or employer at the time of filing the petition.

RULE 6 - Petitions in Certification Proceedings

Petitions in Certification Proceedings

A. Petitions concerning a request for an election and certification of a labor organization or a determination of an appropriate unit shall be filed in the representation docket. If such a request or determination is for more than one bargaining unit, each request or determination must be filed separately. All petitions shall contain the following:

  1. A description of the appropriate unit or the unit claimed to be appropriate by the petitioner for purposes of exclusive representation. The description shall indicate the job classifications and general geographic locations of employees sought to be included and excluded from the unit;
  2. The approximate number of employees in the unit claimed to be appropriate;
  3. The date of recognition or certification, if any, of the unit and the expiration date of any applicable agreement;
  4. The names, addresses and telephone numbers of each interested labor organization;
  5. A request for an election, which shall be supported by a showing as provided in Rule 10;
  6. A concise statement of the petitioner's position with references to any controversy concerning procedures for the conduct of the election;
  7. A concise prayer for the relief or order sought.

RULE 7 - Joint Requests For An Election

Joint Requests For An Election

A. This rule governs the general procedures to be followed in cases in which parties subject to NEB.REV.STAT. §§48.801 et. seq., jointly request the Commission of Industrial Relations to conduct an election for determining the bargaining representative, if any, for employees of the employer.

B. Words or phrases used in this rule which are defined in NEB.REV.STAT. §48-801, shall have the meaning therein set forth.

C. A joint request for an election may be filed by an employer and a labor organization or labor organizations.

D. The joint request shall be filed in the representation docket. If such a request is for more than one bargaining unit, each request must be filed separately. All petitions shall contain the following:

  1. The names, addresses, and telephone number of the parties on whose behalf the election is requested.
  2. A statement that the parties (a) request the Commission to conduct an election pursuant to these rules for determining the bargaining representative, if any, for employees of the employer; (b) state that there is no other known labor organization which currently claims to represent any of the employees in the bargaining unit agreed to be appropriate by the parties; (c) waive any formalities relating to the service of process and hearing with respect to election; (d) agree that questions arising in connection with the conduct or results of the election shall be processed in accordance with these rules.
  3. A description of the collective bargaining unit agreed to be appropriate by the parties.
  4. A complete list of employees agreed upon by the parties as being included in the collective bargaining unit and eligible to vote.
  5. A request in writing for an election which request shall be signed by at least thirty percent (30%) of the employees in the unit claimed to be appropriate and shall show the date of each signature.
  6. A statement of any additional matters with respect to the election which have been agreed to between the parties.

E. A joint request may be withdrawn with the consent of the Commission under such conditions as the Commission may impose to effectuate the policies of NEB.REV.STAT. §48.801 et. seq.

F. The election shall be conducted in accordance with the procedure set forth in Rule 11.

RULE 8 - Petitions to Intervene in Representation Proceedings

Petitions to Intervene in Representation Proceedings

A. A petition to intervene in a representation proceeding, other than by the currently recognized or certified bargaining agent, shall be accompanied by a showing of interest by the proposed intervener containing the names of ten percent (10%) of the employees in the unit claimed to be appropriate by the petitioner. The petition to intervene shall be filed no later than the respondent's answer date.

B. An alphabetized, typed list of the names submitted shall accompany the evidence of the showing of interest.

C. The Clerk shall accept as evidence for the requisite ten percent (10%) showing any of the following:

  1. Unrevoked dues deduction authorizations;
  2. Other evidence of current membership;
  3. Original authorization cards or petitions signed and dated within ninety (90) days of the date of submission;
  4. Any combination of the three.

D. The Clerk shall enter an order for the Commission dismissing any such petition for intervention which the Clerk finds is not supported by the requisite ten percent (10%) showing of interest or is filed after the respondent's answer date.

RULE 9 - Representation of Parties

Petitions to Determine if a Labor Organization Shall Cease to be the Representative (Decertification)

I.  Petitions Filed by Employers:
A. A petition by an employer shall be filed in the representation docket. If more than one bargaining unit is at issue, a separate petition must be filed for each bargaining unit. All petitions shall contain the following:

  1. A description of the bargaining unit;
  2. The date of recognition or certification;
  3. The expiration date of any applicable agreement, contract or understanding;
  4. The name, address and telephone number of each interested labor organization;
  5. A showing which shall generally conform with the provisions of Rule 10 and shall accompany the petition, which shall be either:

a.   A detailed statement of the grounds for the employer's belief that the labor organization no longer has the support of a majority of the bargaining unit's members; or

b.   A showing that the employees no longer desire to be represented by the currently recognized or certified labor organization. The showing shall accompany the petition and shall generally conform to the provisions of Rule 10;

6.  A request for an election to determine whether the labor organization shall cease to be the representative of the unit's members; and

7.  A concise prayer for the relief or order sought.

B. The currently recognized or certified labor organization shall be named as a party defendant in addition to such other parties as may be necessary. If the currently recognized or certified labor organization no longer wishes to represent the unit, an official of that organization may then file a pleading with the Commission stating that it no longer wishes to represent the unit and that it has no objection to the Commission decertifying it immediately, without the necessity of an election.

C. Such a petition may only be filed:

  1. between the one-hundred twentieth (120th) day and the sixtieth (60th)  days preceding either;

(a) termination of an existing agreement, contract or understanding, or

(b) preceding commencement of a statutorily required bargaining period, whichever is earlier;

2.  If any such existing agreement, contract or understanding is for a period of more than three (3)  years, such a petition may be filed at any time after the agreement, contract or understanding has been in force for nine-hundred seventy-five (975) days; or

3.  When there is currently no contract in effect, except that no election shall be ordered in any unit more than once a year.

D. Upon receipt of such a petition, the Clerk shall send a notice to the employer containing the information set forth in Rule 10E. The notice shall be posted on all bulletin boards normally used to communicate with employees. The notice shall remain displayed until the first hearing.

II.  Petitions Filed by an Employee, Employees, or a Labor Organization:

A. A petition by an employee or employees currently acting on behalf of an employee or employees or a labor organization not currently acting on behalf of an employee or employees shall be filed in the Representation Docket. If  more than one bargaining unit is at issue, a separate petition for decertification must be filed for each bargaining unit. All petitions shall contain the following:

1.  A description of the bargaining unit;

2.  The date of recognition or certification;

3.  The expiration date of any applicable agreement, contract, or understanding;

4.  The name, address and telephone number of each interested labor organization;

5.  A request for an election to determine whether the labor organization shall cease to be the representative of the unit's members. The request shall be accompanied by a showing that the employees making the request no longer desire to be represented by the currently recognized or certified labor organization. The showing shall generally conform to the provisions of Rule 10

6.  A concise prayer for the relief or order sought.

B. The currently recognized or certified labor organization shall be named as a party defendant in addition to such other parties as may be proper or necessary. If the currently recognized or certified labor organization no longer wishes to represent the unit, an official of that organization may then file a pleading with the Commission stating that it no longer wishes to represent the unit and that it has no objection to the Commission decertifying it immediately, without the necessity of an election.

C. Such a petition may only be filed:

1. Between the one-hundred twentieth (120th) day and the sixtieth (60th) days preceding either;

a.  Termination of an existing agreement, contract or understanding, or

b.  Preceding commencement of a statutorily required bargaining period, whichever is earlier;

2. If any such existing agreement, contract or understanding is for a period of more than three (3) years, such a petition may be filed at any time after the agreement, contract or understanding has been in force for nine-hundred seventy-five (975) days; or

3. When there is currently no contract in effect, except that no election shall be ordered in any unit more than once a year.

D. Upon receipt of a petition as specified in subsection E hereof, the Clerk shall take such action as is appropriate in compliance with Rule 10 of these rules.

E. A Rule 9 election for decertification of the currently certified or recognized bargaining unit representative may be combined with a Rule 6 election for certification of a new collective bargaining unit representative. If more than one bargaining unit is at issue, a separate petition for decertification and certification must be filed.  If such election is held in combination, the election ballot shall ask the voting employees:

 1. To choose whether the current bargaining representative should continue to represent the unit in bargaining, and

 2. If a majority of those voting chose to decertify the existing bargaining representative, then to choose whether the newly proposed bargaining unit representative should represent the unit in bargaining.

III.  Petitions Filed by a Labor Organization Currently Representing an Employee or Employees:

A.  A petition by a labor organization currently acting on behalf of an employee or employees shall be filed in the Representation Docket. If more than one bargaining unit is at issue, a separate petition for decertification must be filed for each bargaining unit. All petitions shall contain the following:

1. A description of the bargaining unit;

2. The date of recognition or certification;

3. The expiration date of any applicable agreement, contract, or understanding;

4. A detailed statement of the grounds for the labor organization's belief that the labor organization no longer has the support of a majority of bargaining unit members;

5. A concise prayer for the relief or order sought.

B. Such a petition may only be filed:

1. Between the one-hundred twentieth (120th) day and the sixtieth (60th) days preceding either;

a. Termination of an existing agreement, contract or understanding, or

b. Preceding commencement of a statutorily required bargaining period, whichever is earlier;

2. If any such existing agreement, contract or understanding is for a period of more than three (3) years, such a petition may be filed at any time after the agreement, contract or understanding has been in force for nine-hundred seventy-five (975) days; or

3. When there is currently no contract in effect, except that no election shall be ordered in any unit more than once a year.

C.  Upon receipt of such a petition, the Clerk shall send a notice to the employer containing the information set forth in Rule 10(E).  The notice shall be posted on all bulletin boards normally used to communicate with employees.  The notice shall remain displayed until further notice from the Clerk.

D.  If no objection is filed within fourteen (14) business days of the notice posted by the employer in accordance with Rule 10(E)., the labor organization shall be decertified immediately without an election.  Upon receipt of a timely filed objection to a petition as specified in subsection J hereof, the Clerk shall take such action as is appropriate in compliance with Rules 10 and 11.

RULE 10 - Showings in Representation of Parties

Showings in Representation Elections

A. Every petition filed in accordance with Rule 6, concerning certification of a labor organization, the determination of an appropriate bargaining unit, or requesting an election and every petition filed in accordance with Rule 9 concerning a determination of whether a labor organization shall cease to be the representative of a bargaining unit, with the exception of petitions filed in accordance with Rule 9.IIIl.A, shall be accompanied by a showing of interest which shall:

  1. Be signed by at least thirty percent (30%) of the employees in the unit claimed to be appropriate;
  2. Show the date of each signature; and
  3. Be transmitted to the Commission as set out in Rule 5D.

B. The Clerk shall accept as evidence for the requisite thirty percent (30%) showing of interest any of the following:

  1. Unrevoked dues deduction authorizations or dues deduction revocations as the case may be;
  2. Other evidence of current membership;
  3. Original authorization cards or petitions signed and dated within ninety (90) days of the date of submission;
  4. Any combination of the three.

C. The evidence of the requisite showing of interest shall be accompanied by an alphabetized, typed list of the names submitted.

D. The petitioner shall also submit with any request for an election a statement specifying the number of employees in the bargaining unit claimed appropriate as of the date of submission.

E. The Clerk, upon receipt of a petition for election and accompanying evidence and statement of the number of employees in the claimed appropriate bargaining unit, shall;

  1. Advise the employer that it has ten (10) days to submit a typed, alphabetized list of its employees in the claimed unit as of the date of petition filing or nearest payroll date thereto, and
  2. Direct the employer within five (5) days to post on all bulletin boards normally used to communicate with employees a notice furnished by the Clerk, to be reproduced by the employer, which shall contain:

a.  The name of the petitioner;

b.  A specification of the bargaining unit claimed appropriate or the existing bargaining unit in decertification cases;

c.  A statement that any employee within the bargaining unit or any interested labor organization may appear or state an interest in the proceedings at any time within fourteen (14) business days from the date of the notice; and

d.  The address of the Clerk to which communications should be directed. The notice required to be posted herein shall remain displayed until the first hearing. The employer shall certify in its answer its compliance with the directive of the Clerk as to posting notice.

F. The Clerk shall enter an order for the Commission dismissing any petition for election which the Clerk finds is not supported by the requisite thirty percent (30%) showing of interest.

G. The petitioner shall have five (5) business days in which to file objections to the employer's list provided under Rule 10(E)(1) above. After receiving any such objections, the Commission may hold an evidentiary hearing or request affidavits from the parties.

RULE 11 - Elections

Elections

A. Generally. Each election shall be under the control of the Hearing Commissioner handling the case, or a substitute appointed for the Hearing Commissioner, whether or not a representative of the Commission other than a Commissioner is appointed pursuant to NEB.REV.STAT.§48-838, to conduct the election. The Commission may appoint such persons to assist it in conducting the elections as may be necessary, other than those appointed under the provision of NEB.REV.STAT. §48-838.

B. Matters Precedent to Election. After an election has been ordered, the Hearing Commissioner, or substitute appointed for the Hearing Commissioner, shall confer with the attorneys for the parties to agree upon or decide, if agreement is not possible, such details as are not specified by these rules, including: the date of the election, whether the election will be conducted by mail ballot or on-site, the time and place of the election, the eligibility date of employment for voting, the number of notices to be posted on bulletin boards, whether provisions will be made for absentee balloting, and any other special matters. The Commission shall hold all elections by a mail-ballot process, unless either party provides the Commission with a requisite showing, detailing the need for an on-site election. The Commission may conduct a telephone conference, allowing the receipt of evidence.

C. Mail Ballot Elections. A mail-ballot election may be held in lieu of an on-site election upon the request of either party or upon the Commission's own motion. The general procedures for mail-ballot elections shall be as follows:

  1. Notices of Election. Notices of election shall be prepared by the Commission, describing generally the manner in which the election will be held. Such notices shall generally follow the form of notice attached hereto as Appendix C. Such notices shall be posted as directed by the Commission in a conspicuous place including all places where notices to employees are customarily placed by the employer. Such notices shall include the address of the Clerk of the Commission. A list of all eligible voters as provided below shall be posted next to the Notice of Election.
  2. Address of Eligible Employees. Three (3) weeks prior to the tally date, the employer shall supply the Clerk of the Commission and opposing counsel with the current home address of every eligible voter.
  3. Election Packet.  Two (2) weeks prior to the tally date, the Clerk of the Commission shall mail an election packet to all individuals on the mail ballot eligible voter list. The election packet shall contain: One (1) secret ballot, one (1)  plain white ballot envelope (marked "Envelope A"), one (1) preaddressed, postage prepaid, return envelope (marked Envelope B), and the letter of instructions.
  4. Letter of Instructions. The letter of instructions shall be prepared by the Clerk of the Commission, under the direction of the Commission's representative. It shall contain an explanation of the purpose of the election and instructions on how to properly mark a mail ballot. These instructions must be stated in clear and concise language and include the following: (a) Mark the ballot in secret. DO NOT SIGN THE BALLOT. (b) Place the ballot in the small envelope (Envelope A), and seal it. DO NOT SIGN THIS ENVELOPE. (c) Place the small envelope in the larger return envelope (Envelope B), seal it, and place your signature on the back. You MUST sign the return envelope in order to validate the ballot. (d) Place the return envelope in the United States Mail so that it will be postmarked no later than (date seven (7) days prior to election date).
  5. Tally Observer Designation. At least one (1) week prior to the tally date, each party may file with the Clerk of the Commission and serve in accordance with Rule 5A, a designation of its official observer to assist in the counting of the ballots. Designated observers shall not be supervisors of bargaining unit employees, unless the parties agree otherwise. If an observer is not timely designated, the right to have an observer present at the counting of the ballots shall be waived.
  6. Alteration of Time Limits. The time limits set forth in subsections 2, 3, 4, and 5, above may be altered by the Commissioner to fit the circumstances of the election to be conducted.

D. On-Site Elections. General procedures for on-site elections shall be as follows:

  1. Notices of Election.  Notices of election shall be prepared by the Commission, describing generally the manner and conditions under which the election shall be held, and incorporating thereon the form of ballot. Such notices shall generally follow the form of notice attached hereto as Appendix A. Such notices shall be posted by the employer for not less than ten (10) days prior to the election in a conspicuous place including all places where notices to employees are customarily placed by the employer. Such notices shall include the address of the Clerk of the Commission. A list of all eligible voters by polling place, shall be posted next to the Notices of Election.
  2. Forms of Ballot.  The Commission shall prepare the ballots, a sample of which is at Appendix B.
  3. Arrangements for Voting.  Physical arrangements for voting shall be such as to assure secret balloting. Voting booths may be used, but are not required.
  4. Cameras, Videotape and Television. Discrete, professional photography, videotaping or televising of the election process is permitted provided that it is done in such manner as to assure the rights of the parties and the voters to a secret ballot.
  5. Authorized Observers. (a) The parties may each designate observers to be present at a polling place during the scheduled period of balloting. More than one observer may be designated by each party, but no more than one of the party's observers shall be present at any given time at a single polling place. The parties may waive the opportunity to have observers present during the election. (b) Designated observers shall: i) not be supervisors of bargaining unit employees, unless the parties agree otherwise; ii) act as checkers at the polling place; iii) assist in the identification of voters; iv) challenge voters and ballots when they have reason to believe that the voter is not an eligible employee within the established bargaining unit; v) witness the counting of ballots; vi) otherwise assist the Commission's representative or the representative's designee.
  6. Prohibited Practices. No party shall conduct itself in a manner in violation of the Statutes of the State of Nebraska, or the Rules of this Commission.
  7. Custody of Ballot Box. Between voting intervals, the ballot box shall remain in the sole and exclusive custody of the Commission's representative or the representative's designee.

E. Challenged Ballot Procedure. Either of the parties' observers, or the Commission's representative or the representative's designee, shall have the right to challenge voters or ballots. In the event of a challenge, the voter shall be provided with a ballot, and two envelopes, hereafter referred to as the "Challenged Ballot Envelope," and the "Secret Ballot Envelope." The voter's name, job classification, the reason for the challenge, and the name of the person making the challenge shall be written on the face of the challenged ballot envelope. The ballot shall then be marked by the voter, and sealed in the secret ballot envelope. The Commission's representative or the representative's designee shall then place the secret ballot envelope in the challenged ballot envelope, and deposit it in the ballot box. Any employee whose name is not on the eligibility list, but who claims to be an eligible voter, shall be allowed to cast a challenged ballot. If said challenged ballots are sufficient in number so as to be determinative of the results of election, such challenges shall be resolved in accordance with Section J hereof.

F. Counting of Ballots. Counting of the ballots is open to the public. The ballots, however, shall only be handled by the designated observers of the parties and the Commission's agent or agents. At on-site elections, the ballots may be counted immediately following the closing of the polls at the last scheduled time for balloting. The ballots shall be mixed and the Commission's representative or the representative's designee shall open them and count them while sorting them into piles according to choice. Each pile shall then be recounted for verification and tallied. The observers shall interpret ballots not marked in a normal manner, and if the observers are unable to agree on the voters intent, the Commission's representative or representative's designee shall determine the validity of the ballot or the voter's choice. If the intent of the voter is clear, despite unorthodox markings, extra markings, or erasures, the ballot shall be counted unless the voter's name or other identification appears. Blank ballots and those ballots containing the voter's name or other identification shall be considered void.

G. Vote Required to Elect. The outcome of the election shall be decided by a majority of those casting valid ballots in the election. When an election is between two or more unions and no choice on the ballot receives a majority vote, a runoff election shall be conducted between the two choices receiving the highest number of votes.

H. Tally of Votes. All authorized observers and the Commission's representative or the representative's designee shall keep a tally of the votes. Votes shall be counted in the following manner:

UNION 1 _______________________________________

UNION 2 _______________________________________ (if Applicable)

NO UNION ______________________________________

CHALLENGED ____________________________________

VOID __________________________________________

After the count is complete, each tally sheet shall be signed by the authorized observers and the Commission's representative or designee. Each authorized observer will keep their copy of the tally. The Commission's Representative or his designee will place any challenge envelopes and the regular ballots inside a large envelope together with the tally sheet. This envelope shall be delivered to the office of the Clerk of the Commission of Industrial Relations.

I. Report of Election and Objections. The Commission representative shall issue a report of the elections results and send copies to all parties involved in the proceeding. Within five (5) business days of the filing of said report, any party may file objections to the conduct of the election. Such objections shall be in writing and shall contain a brief statement of facts upon which the objections are based. If no objections are filed within the five- (5)-day period, the election results will be certified.

J. Procedure When Challenged Ballots are Determinative of Election Outcome and for Election Conduct Objections. Objections filed under subsection I, above, and any challenged ballots which are determinative of an election, shall be decided by the Commissioner conducting the election, unless such matters concern the conduct of the cCmmissioner in handling the election, in which event they shall be decided by a determination panel of the Commission. The determination process shall be as follows:

  1. If challenges, which affect the results of the election, or election conduct objections raise a substantial question which cannot be resolved without a hearing, the Commissioner may issue and serve a notice of hearing on the issues.
  2. After the close of the hearing, the Commissioner may proceed either forthwith, upon the record, or after oral argument or the submission of briefs, as the Commissioner may deem proper, to determine issues with regard to the challenges or election conduct objections, either sustaining or overruling the challenges or objections.
  3. If the Commissioner directs, either without a hearing or as a result of the hearing, that challenged ballots be opened and counted, the challenged ballots will be opened and counted, in the presence of the parties or their representatives, in a manner which will preserve the secrecy of the vote as much as possible, and a revised tally shall be issued and a certification of the results of the election will be issued forthwith.
  4. If the Commissioner sustains the objections as to election conduct, either without a hearing or as a result of a hearing, he may direct a new election to be held as such time and under such circumstances and conditions as he deems appropriate.
  5. If the Commissioner overrules the objections as to election conduct, either without a hearing or as a result of a hearing, the Commissioner shall forthwith issue a certification of the results of the election.

RULE 12 - Petitions for Clarification of a Unit or for the Amendment of a Certified or Recognized Unit A.

Petitions for Clarification of a Unit or for the Amendment of a Certified or Recognized Unit

A petition to clarify a unit or to amend an earlier certification or recognition of a unit shall be filed in the representation docket and shall contain the following:

  1. A description of the bargaining unit as it then exists;
  2. The date of recognition or certification of the unit and the expiration date of any applicable agreement;
  3. The names, addresses and telephone numbers of each interested labor organization;
  4. A concise statement of the petitioner's position with reference to the nature of the clarification or amendment sought;
  5. A concise prayer for the relief or order sought.

RULE 13 - Requests to Change Name of Certified Bargaining Representative

Requests to Change Name of Certified Bargaining Representative

A. Requests to change the name of a certified bargaining representative may be made by filing a joint stipulation or an application requesting the change with the Commission. The request shall contain:

  1. The bargaining representative's current name;
  2. The docket number of the case in which the bargaining unit was originally certified by the Commission;
  3. The date of the Commission's Certification Order;
  4. The new name being requested by the bargaining representative.

B If an application is filed, the employer shall be contacted by the Commission and shall be given an opportunity to file any objections to the request. If no objections are made, the name change will be reflected in the records of the Commission.

RULE 14 - Proceedings Concerning Bargaining

Proceedings Concerning Bargaining

A.  A petition concerning an alleged failure or refusal to bargain in good faith concerning the matters in dispute shall be filed in the general docket and shall contain the following:

  1. A clear and concise statement of the facts concerning such failure or refusal, the respects in which it is claimed good faith has not been exercised, and the underlying matters in dispute;
  2. A statement of any other procedures invoked involving the subject matter of the petition and the results, if any, of their invocation, including whether the subject matter raised in the petition has been referred to mediation or fact finding; and
  3. A concise prayer for one or more forms of relief desired by the petitioner.

B. A request for bargaining may also take place during the pendency of an action, pursuant to NEB.REV.STAT. §48-816(1).

C. Under Rule 14A or 14B, the Commission may, if it so chooses, take no further action unless requested to do so.

RULE 15 - Proceedings Under Neb. Rev. Stat. §48-818

Proceedings Under NEB.REV.STAT.§48-818

A. A petition to have the scale of wages, hours and conditions of work established or altered shall be filed in the general docket and shall contain the following:

1.  Clear and concise statements of the facts constituting the industrial dispute, including

           a. A list of the job classifications in issue;

b. The time period in dispute;

c. The specific terms and conditions of employment for resolution by the Commission;

d. Its final offer, as required under NEB.REV.STAT.§48-813.

2.  A statement of any other proceedings invoked involving the subject matter of the petition and the results, if any, of their invocation; and

3.  A concise prayer of one or more forms of relief desired by the petitioner.

B. The respondent shall file with its answer, its final offer as required under NEB.REV.STAT.§48-813.

C. The parties shall within fourteen (14) days after the filing of the answer again vote to accept or reject, or consider pursuant to a ratification process, the other party's final offer as set forth in the above referenced pleadings.

D. If both parties have rejected each other's final offers, a preliminary proceeding shall be held no later than twenty (20) days after the answer is filed. The matters to be discussed include, but are not limited to:

1.Whether the case should be bifurcated:

a.  Whereby the issue of the array is heard prior to and separate from the determination of wages and terms and conditions of employment; or

b.  Whereby different contract years may be heard separately.

2. Discovery deadlines; and

3.Other scheduling issues.

E. Parties may request, pursuant to Rule 23, that the Commission forward survey or data request forms to employers.

F.  The decision and order shall become final within twenty-five (25) days of entry unless either party to the dispute filed a request for a post-trial conference pursuant to NEB.REV.STAT.§48-816(7)(d).

  1. Such request for post-trial conference shall be by motion and comply with Rule 20.
  2. A hearing shall be held within ten (10) days from the filing of the motion.  The purpose of the post-trial conference shall be limited to those portions of the order which are not based upon the evidence in the record or which mischaracterize the evidence in the record.
  3. The motion shall state whether a court reporter is desired at the hearing.
  4. The Commission shall enter an order on said post-trial conference within ten (10) days of the hearing.

RULE 16 - Completion of Service; Voluntary Appearance

Completion of Service; Voluntary Appearance

A. Service in accordance with NEB.REV.STAT.§48-813 shall be effected by mailing a copy of the petition and a copy of the notice of pendency in the form attached as Appendix D to these rules to the adverse party by certified mail in compliance with NEB.REV.STAT. §25-505.01(1)(c). Completion of such service in accordance with the statute shall be effected by executing, filing and serving a proof of service in the form attached as Appendix E to these rules.

B. The authorized filing of a party's appearance in a proceeding waives only the service on that party required by NEB.REV.STAT..§48-813, except as provided in Rule 18, and does not waive any other defense, objection or claim in law or in fact. A party's willful failure on insubstantial grounds to file an authorized appearance will be considered in ruling on an opposing party's claim for temporary or expedited relief.

RULE 17 - Requests for Temporary Relief

Requests for Temporary Relief

A.  All requests for temporary relief filed pursuant to NEB.REV.STAT.§48-816 and §48-816.02 shall be filed as a motion with supporting brief in accordance with Rule 20.  The motion shall state whether a court reporter is desired at the hearing.

B.  Upon the filing of a motion for temporary relief, the Clerk shall arrange, pursuant to NEB.REV.STAT.§48-816.02, a hearing to be held within ten (10) days from the filing of said motion. A hearing may be held later than ten (10 days) for good cause shown.  The hearing requirement may be waived if both parties file a waiver, the moving party by separate statement at the conclusion of the motion or by an opposing party by a separate pleading within five (5) days after service of the motion, in accordance with Rule 20.

RULE 18 - Responsive Pleadings

Responsive Pleadings

The only pleading responsive to a petition, cross-petition, or petition in intervention that is permitted shall be an answer in which the responding pleader shall assert every defense, objection, and claim in law and in fact available to it at the time of filing such pleading. No defense, claim or objection shall be waived by being joined with one or more other defenses, claims or objections. All defenses and objections then available to such pleader which might have been raised by motion, demurrer, or special appearance, if not so asserted by such answer, shall be deemed to have been waived, except that the defense of failure to join an indispensable party or the objection that the Commission lacks jurisdiction of the subject matter may be made at trial on the merits in light of any evidence that may have been received. The absence of a reply shall not be deemed an admission.

RULE 19 - Discovery

Discovery

A. Generally. Unless otherwise ordered by the Commission, the following shall govern discovery in proceedings before the Commission of Industrial Relations.

B. Limitation of Discovery. Each party shall be permitted only one set of interrogatories, requests for admissions, and requests for production of documents, unless otherwise ordered by the Hearing Commissioner.

C. Filing of Discovery. Interrogatories, answers to interrogatories, requests for admissions and responses to requests for admissions, and requests for production of documents and responses to requests for production of documents shall not be filed with the Clerk nor served upon Commission members unless or until a ruling concerning answer or failure to answer is necessary. If the party concerned decides to use certain interrogatories and answers and/or requests and responses at trial, the interrogatories and answers and/or requests and responses shall be presented and marked at the time of pretrial as provided in these rules.

D. Time of Service of Discovery . Petitioner's interrogatories, requests for admissions, and/or requests for production of documents shall be served at the time its petition is filed. Respondent's interrogatories, requests for admission, and/or requests for production of documents shall be served at the time its responsive pleading is filed. Any other party shall serve its interrogatories, requests for admission, and/or requests for production of documents at the time it files its first pleading.

E. Responses to Discovery.

  1. Each party shall serve answers to interrogatories and responses to requests for admissions and production of documents upon the inquiring party within thirty-five (35) days of the filing date of the petition.
  2. In preparing answers to interrogatories and responses to requests for admissions and production of documents, the answering party shall type the question or request and then the answer or response so that a single document contains both the questions or requests and the answers or responses.

F. Objections to Discovery . In preparing objections to interrogatories, requests for admissions, or requests for production of documents, the objecting party shall type the question or request and then the objection and the basis for the objection so that a single document contains the question or request and the objection thereto.

G. Rulings on Discovery. In order to curtail undue delay in proceedings before the Commission, all motions for discovery, motions to compel answers to interrogatories, motions for production of documents, and objections to interrogatories and objections to requests for admissions shall be ruled upon without argument, unless otherwise ordered by the Commission.

H. Showings Required for Rulings on Discovery. No matter referred to in subsection G hereof shall be considered by the Commission unless the moving party, as part of its motion, makes a written showing that after personal consultation with opposing counsel and sincere attempts to resolve differences, the parties are unable to reach an accord. The showing shall additionally contain the date, time and place of each such conference, and the names of all such persons participating.

I. Completion of Discovery. All discovery must be completed before the date of the pretrial conference, unless permission is given by the Commissioner for later discovery.

J. Except as to the extent modified above, the rules of discovery promulgated by the Supreme Court shall apply.

RULE 20 - Motions

Motions

A. Requests to the Commission for an order for relief other than the relief prayed for by a pleading shall be made  by motion. Examples of such relief are "Setting case for hearing or trial", "Consideration of information under NEB.REV.STAT. §48-817", "Granting of new trial or rehearing", or "Motion for Status Quo".

B. Written briefs in support of the motion shall be filed with each motion, containing concise statements of the reasons and citations to the authorities relied upon. All motions and briefs shall be served as provided in Rule 5A. In a like manner, each adverse party may file and serve within five (5) business days after service of the motion, a written brief in opposition to the motion. Briefs shall not be required, however, when all parties have assented to the motion, as declared in the motion itself, or when the motion is for an extension of time.

C. Except for a Motion for Temporary Relief or otherwise ordered by the Commission, all such motions shall be ruled upon without notice or oral argument. A request for oral argument may be made by the moving party by separate statement at the conclusion of the motion or by an opposing party by a separate pleading filed within five (5) business days after service of the motion. Such request shall also state whether a court reporter is request for the hearing.

D. All Motions for Temporary Relief shall be ruled upon by hearing within ten (10) days of the date of the motion unless waived by both parties in accordance with Rule 17.

E.  For good cause shown, the Commission may extend the time for doing any act required by this rule.

F. Motions relating to discovery shall be governed by Rule 19.

RULE 21 - Preliminary Proceedings

Preliminary Proceedings

The Commission, on its own motion or upon the request of a party, may order a preliminary proceeding pursuant to NEB.REV.STAT. §48-816(1) to be held to ensure a prompt hearing and speedy adjudication of the industrial dispute.

RULE 22 - Pretrial Conferences

Pretrial Conferences

A. A pretrial conference may be scheduled upon the request of any party or upon the Commission's own motion.

B. At least ten (10) calendar days before the pretrial conference, notice of the pretrial conference shall be given to all parties, unless otherwise agreed by the parties.

C. Counsel who are to appear at trial or trial counsel's co-counsel having full knowledge of the case and possessing authority to bind the party by stipulation shall appear at the pretrial conference.

D. Failure of petitioner's counsel to appear at the pretrial conference without good cause may be cause for the action to be dismissed. Failure of respondent's counsel to appear without good cause may be cause for default to be entered against Respondent.

E. Parties represented by counsel need not attend the pretrial conference.

F. Five (5) business days prior to the pretrial conference, exhibits shall be exchanged and a joint stipulation of common survey points should be submitted by the parties. At such time, the parties shall also provide  each other with the underlying survey data to assist in determining whether foundational objections will be waived.

G. The exchange of trial exhibits shall constitute a request for the opposing party to admit the authenticity and identification of each exhibit. Unless objection is made prior to or during the pretrial conference, objections to the admissibility of each exhibit on the basis of foundation will be deemed waived.

H. At the pretrial conference, counsel shall be prepared to make reasonable disclosures of facts, to admit and to agree upon undisputed facts, and to waive requirements of formal proof of undisputed documents. Counsel shall also be prepared to discuss points of law and are requested to submit memoranda of authorities with references thereto, especially when special or unusual issues are involved. Counsel shall submit and identify all trial exhibits. Only exhibits presented and marked at the pretrial conference may be offered into evidence at trial, except for rebuttal exhibits or upon the showing of good cause.

I. Exhibits presented at the pretrial conference shall be placed within a three-ring binder, separated by tabs. Exhibits shall be organized in numerical order. The sequential numbering of exhibits shall begin with Petitioner utilizing Exhibit Nos. 1-499 and Respondent utilizing Exhibit Nos. 500-999. The parties shall contact the Commission for additional numerical designations if needed. Intervenors or other parties to the proceeding shall request from the Commission a designated series of numbers for their exhibits. Original exhibits shall be retained by counsel until trial.  In cases that include an issue to be decided under NEB.REV.STAT.§48-818, four (4) copies of exhibits shall be given to the Commission prior to the pretrial conference.  In all other cases before the Commission, two (2) copies of exhibits shall be given to the Commission prior to the pretrial conference.

J. Five business (5) days prior to the pretrial conference, each party shall present a list containing the names and addresses of all witnesses expected to be called in the presentation of the party's case in chief, including identification of all expert witnesses and the subject matters about which each witness is expected to testify to the Commission.  Unless objection is made prior to or during the pretrial conference, objections to the qualification of each identified expert witness will be deemed waived. Except for rebuttal witnesses, any witness not listed as such at the pretrial conference will not be allowed to testify at trial. Five (5) days prior to pretrial, each party shall also present a written statement of the issues to be presented at trial.

K. All discovery must be completed before the date of the pretrial conference, unless leave is given by the Commission.

L. The case will be tried upon the pleadings as finalized at the time of the pretrial conference, and no further amendments will be allowed except in cases of undue hardship, or in the furtherance of justice.

M. A report of the pretrial conference shall be made in such manner as the Hearing Commissioner(s) may direct.

N. In order to prevent undue hardship, the Commission may waive any of the above requirements for good cause.

RULE 23 - Surveys or Data Request Forms

Surveys or Data Request Forms

Any public employer or labor organization, either in preparation for a NEB.REV.STAT. §48-818 determination or in preparation for bargaining, may request the Commission to send survey forms or data request forms. The requesting party shall prepare its own survey forms or data request forms and shall provide the Commission with the names and addresses of the entities to whom the documents shall be sent, not to exceed twenty addresses in any case. All costs resulting directly from the reproduction of such survey or data request forms and the cost of mailing such forms shall be assessed by the Commission to the requesting party. Copies of these survey results will be made available to others upon request.

RULE 24 - Subpoenas

Subpoenas

A. Praecipes for subpoenas shall contain the name of the person to be served, the address where it is to be served, the time, date and place the witness is to appear or the documents are to be produced. A subpoena shall be served by the party requesting it, who shall also be responsible for collecting costs.

B. A subpoena duces tecum will be issued only after notice to the owner of the items being requested and person in possession thereof and an opportunity to be heard as to the relevancy of the subpoena. Praecipes for subpoena duces tecum must include all requested documents and shall be sent pursuant to Rule 5A as well as filed with the Commission.

C. Notice of a subpoena duces tecum shall be served by the party requesting it in the form attached hereto as Appendix F at the time the praecipe is filed and should be filed with the subpoena duces tecum.

D. A hearing on the relevancy of the items being sought in the subpoena duces tecum must be requested by the owner or person in possession thereof three (3) business days from the date of receipt of the notice or the right to a hearing shall be deemed waived.

RULE 25 - Withdrawal of Voluntary Recognition and Alteration of Terms and Conditions of Employment

Withdrawal of Voluntary Recognition and Alteration of Terms and Conditions of Employment

Neither the voluntary recognition of a bargaining agent nor any term or condition of employment shall be withdrawn after the commencement of an action in this Commission, except upon application to and approval by the Commission.

RULE 26 - Assignment of Commissioners

Assignment of Commissioners

A. Cases and controversies may be heard by the Hearing Commissioner with the exception of cases under NEB.REV.STAT. §48-818, which shall be heard by all three (3) Panel Commissioners and shall be determined by a Panel of not less than three (3) Commissioners unless a hearing,  rehearing or determination by the Commission en banc is ordered. The Presiding Commissioner shall assign the determination Panel and shall designate the Hearing Commissioner in each case.

B. Hearings or rehearings en banc may be requested by any party or any Commissioner. Hearings or rehearings en banc shall be granted only upon a majority vote of all Commissioners.

RULE 27 - Orders

Orders

The Clerk or the Deputy Clerk may enter all routine orders for the Presiding Commissioner or the Hearing Commissioner. Such orders shall include but shall not be limited to, calendaring of cases for hearing, setting cases for trial, or dismissing cases upon stipulation of all parties.

RULE 28 - Appointment of Hearing Examiner

Appointment of Hearing Examiner

A. The Presiding Commissioner, at the request of a Hearing Commissioner or when the Hearing Commissioner deems it necessary to expedite the determination of cases on the docket, may appoint a hearing examiner to hear evidence and make recommended findings and orders in any case.

  1. The hearing examiner shall file and serve the recommended findings and order. The parties shall have ten (10)  business days from the date of filing in which to object or comment on the recommendation. Such objections and comments shall be restricted to matters not previously raised or discussed in briefs filed by the parties.
  2. Upon the expiration of the ten- (10) day period herein provided, the Commission shall determine any objections or comments of the parties, and may adopt, modify or reject the hearing examiner's recommendation.
  3. The recommendation of the hearing examiner or the rejection thereof shall not be considered a final order of the Commission. B. The Presiding Commissioner or any Hearing Commissioner may appoint a hearing examiner to make recommended determinations after an election has been ordered and during the course of such election.

RULE 29 - Payment of Fees and Costs

Payment of Fees and Costs

A. Any person who files a petition with the Commission of Industrial Relations pursuant to NEB.REV.STAT. §48-811, shall pay any filing fees required by law at the time of such filing.

B. The party requesting a Bill of Exceptions shall pay the actual cost of the original therefore incurred by the Commission.

C. The Commission may assess expenses and costs as it deems equitable or as directed by the Supreme Court.

D. For assessment of costs for fact-finding, see Rule 34(C).

RULE 30 - Performance of Clerk's Duties By Commissioner

Performance of Clerk's Duties By Commissioner

Any Commissioner of the Commission may perform any of the duties of the Clerk.

RULE 31 - Appointment of Acting Presiding Commissioner

Appointment of Acting Presiding Commissioner

The Presiding Commissioner may appoint another Commissioner to serve as Acting Presiding Commissioner on such terms as specified in the Order of Appointment when the Presiding Commissioner is disqualified, absent or is unable to act for any other reason.

RULE 32 - Judicial Conduct

Judicial Conduct

Except for Cannons 4C, 4D(3), 4D(4), 4D(5), 4E, 4F, 4G, 4H(2), 4I, 5A, 5C, and 5D, the Nebraska Code of Judicial Conduct recodified by the Nebraska Supreme Court on July 18, 2008 shall apply to this Commission.

RULE 33 - Request for Interested Persons for Promulgation, Amendment, or Repeal of Rules

Request for Interested Persons for Promulgation, Amendment, or Repeal of Rules

A. For the purposes of this rule, an "interested person" shall mean an individual, labor organization, or public employer who can show that being affected adversely by an existing rule, and that such existing rule adversely affects the public interest, or who can show being affected advantageously, and that the public interest would be served, by the proposed new rule or by an amendment to an existing rule.

B. To effect the promulgation of a new rule, such an interested person shall file a petition in form generally complying with Rule 5F above. Such petition shall state the interest of the petitioner in the proposed new rule, the manner in which such proposed new rule would serve the public interest, and shall set forth the exact language of the proposed new rule, and request that such new rule be adopted.

C. To effect the amendment of an existing rule, such an interested person shall file a petition in a form generally complying with Rule 5F above. Such petition shall state the interest of the petitioner in the proposed amendment, and the manner in which the proposed amendment would serve the public interest, the exact language of the rule as existing and as proposed to be amended, and a request for the proposed amendment.

D. To effect the repeal of an existing rule, such an interested person shall file a petition in form generally complying with Rule 5F above. Such petition shall set forth the interest of the petitioner in the proposed repeal, the manner in which the proposed repeal would serve the public interest, and the exact language of the rule to which the proposed repeal is directed.

E.  Within sixty (60) days after the filing of a petition as set out in this rule, the Commission shall make a determination as to whether such proposed rule, amendment, or repeal may be concerned with a matter of public interest.

  1. If the Commission determines that the proposed rule, amendment, or repeal is not one which is a matter of public interest, the Commission will enter a final order rejecting the proposal and shall immediately notify the petitioner who filed the proposal.
  2. If the Commission determines that the proposed rule, amendment or repeal may involve a matter of public interest, the Commission will set a date for a public hearing, at which evidence, briefs, and remarks will be received as to the appropriateness of adopting the proposed new rule, amendment, or repeal. Notice of such public hearing shall be published by the Commission in a matter which the Commission determines is most appropriate to give adequate notice of such hearing to the public.
  3. After the public hearing described in paragraph E2, the Commission will determine the question of the adoption, amendment, or repeal proposed, and shall enter its order adopting such new rule, amending or repealing the existing rule, or overruling the proposed changes.

RULE 34 - Appointment of Factfinders and Mediators

Appointment of Factfinders and Mediators

A. Factfinders and Mediators: Upon either the filing of a petition requesting fact-finding or a request for fact-finding during the pendency of an action, pursuant to NEB.REV.STAT. §48-816(1) and not under NEB.REV.STAT. §48-818.01, and in the event the parties cannot agree upon a factfinder, the Commission will submit to the parties a list of seven (7) names, from which the parties shall alternately strike names until one name is left. The parties shall jointly file the chosen factfinder's name with the Commission, within ten (10) days from submission of the list to the parties, indicating the factfinder's willingness to serve and the dates the fact-finding hearing will take place. The Commission shall then enter an order officially appointing said factfinder and shall take no further action unless requested to do so.

B. Resolution Officer: After July 1, 2012, upon the request of either party, a resolution officer may be appointed if the parties are within the provisions of NEB.REV.STAT. §48-818.01 of the Industrial Relations Act. Upon the request of either party, the Commission shall provide the parties with five (5) names randomly selected from the list established by the Commission. The parties shall jointly file the chosen resolution officer's name with the Commission, within ten (10) days from the submission of the list to the parties, indicating the resolution officer's willingness to serve and the dates the resolution officer will meet with the parties. The Commission shall then enter an order officially appointing said resolution officer and shall take no further action unless requested to do so.

C. Mediator: Upon either the filing of a petition requesting the appointment of a mediator or a request for appointment of a mediator during the pendency of an action, pursuant to NEB.REV.STAT. §48-816(1), the Commission shall enter an order officially appointing the Federal Mediation and Conciliation Service as mediator and shall take no further action unless requested to do so. FMCS will then make mediation arrangements with the parties. FMCS presently provides their services free of charge. Their services can also be attained by parties directly, without a request from the Commission.

D. The costs for fact-finding or the resolution officer, including fees and expenses, shall be shared equally by the parties unless the parties shall have agreed otherwise.

E. The factfinder or resolution officer shall have the power to conduct hearings, administer oaths and request the Commission to issue subpoenas. By mutual agreement, the factfinder or resolution officer may also assist the parties in negotiating a settlement.

F. Any verbal, written, or electronic communication made in, or in connection with, matters referred to mediation which relates to the controversy or dispute being mediated and agreements resulting from the mediation, whether made to the mediator, the staff of the mediator, a party or any other person attending the mediation session, shall be confidential in proceedings before the Commission of Industrial Relations. Mediation proceedings shall be regarded as settlement negotiations, and no admission, representation, or statement made in mediation, not otherwise discoverable or obtainable shall be admissible as evidence or subject to discovery. A mediator shall not be subject to the process requiring the disclosure of any matter discussed during the mediation proceedings.

RULE 35 - Briefs

Briefs

Briefs submitted to the Commission may not exceed fifty (50) pages, exclusive of the cover page, table of contents, table of cases, statutes and authorities, and the certificate of mailing, but inclusive of all other pages and materials, including appendixes, indexes, exhibits, and other documents of any nature, character, kind or description whatsoever.

RULE 36 - Media Coverage of Proceedings Before the Nebraska Commission of Industrial Relations

Media Coverage of Proceedings Before the Nebraska Commission of Industrial Relations

Broadcasting, televising, recording, or photographing in the Commission's hearing room during hearings or meetings of the Commission, is prohibited.

RULE 37 - Rules of Evidence

Rules of Evidence

In any case before the Commission in which the Nebraska Rules of Evidence are required to not be observed, unless otherwise required by the Industrial Relations Act, the Commission shall admit and give probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and exclude incompetent, irrelevant, immaterial and unduly repetitious evidence, and shall give effect to the rules of privilege recognized by law.

RULE 38 - (Reserved for Future Rules)

(Reserved for Future Rules)

RULE 39 - (Reserved for Future Rules)

(Reserved for Future Rules)

RULE 40 - (Reserved for Future Rules)

(Reserved for Future Rules)

RULE 41 - (Reserved for Future Rules)

(Reserved for Future Rules)

RULE 42 - Prohibited Practices Proceedings

Prohibited Practices Proceedings

A. A complaint filed for prohibited practices shall be filed as a petition as otherwise governed by these rules. Petitions alleging prohibited practices shall contain a statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and a demand for the relief to which the party supposes itself entitled. The petition shall also specify the sections and subsections of the Nebraska statutes which have allegedly been violated.

B. Relief under a prohibited practice petition may include, but is not limited to:

  1.  A request for a cease and desist order;
  2. A request for attorney's fees; (a) Attorney's fees may be awarded as an appropriate remedy when the Commission finds a pattern of repetitive, egregious, or willful prohibited conduct by the opposing party. (b) Attorney's fees are a remedy used to reimburse the injured party's costs caused by the opposing party's conduct. An award of fees shall be granted in an amount sufficient to make whole the injured party, and shall not be construed as a sanction against the opposing party;
  3. A request to reimburse the fees withheld;
  4.  Reinstatement;
  5. Payment of lost back wages; and,
  6. Such other relief as may be deemed appropriate by the Commission.

 

The PDFs can be viewed with a PDF viewer. Download Adobe Reader for free: http://get.adobe.com/reader/