S-22-0748 Fraternal Order of Police Lodge #88 (Appellee) v. State of Nebraska (Appellant)
Appeal from the Nebraska Commission on Industrial Relations
Attorneys: Mark A. Fahleson and Tara L. Paulson (Rembolt Ludtke LLP for Appellant) and Gary L. Young and Milissa Johnson-Wiles (Keating, O’Gara, Nedved, & Peter, PC, LLO for Appellee)
Civil: Collective Bargaining Unit and Issue Preclusion
Proceedings below: The Nebraska Commission on Industrial Relations found that its July 2018 Certification Order established that the Fraternal Order of Police Lodge #88 was the exclusive bargaining representative for Corrections Unit Case Managers employed by the State of Nebraska. Appellant filed a Petition to Bypass the Court of Appeals, which the Supreme Court sustained and ordered this matter be transferred to its docket.
Issues: Appellant makes the following assignments of error: 1) The CIR erred when it interpreted “institutional security personnel” under Neb. Rev. Stat. § 81-1373(1)(f) to include the Managers; 2) The CIR erred when it determined that the Managers are occupationally and functionally related to, and share a community of interest with, other employee classifications within the Protective Services bargaining unit; 3) The CIR erred when it determined that the Managers are not supervisors as defined by Neb. Rev. Stat. § 48-801(14); 4) The CIR erred when it allowed the Managers to be placed in the same bargaining unit as subordinates in violation of Neb. Rev. Stat § 48- 816(3); and 5) The CIR erred when it determined that the Managers classified as “V66442” were at issue in CIR’s 2018 proceeding and included in the CIR’s 2018 Certification Order and therefore may not be removed from the Protective Services bargaining unit.