To make operative the provisions of section 9, Article XV,
of the Constitution of Nebraska, the public policy of the State of Nebraska
is hereby declared to be as follows:
(1) The continuous, uninterrupted and proper functioning and
operation of the governmental service including governmental service in a
proprietary capacity and of public utilities engaged in the business of furnishing
transportation for hire, telephone service, telegraph service, electric light,
heat, or power
service, gas for heating or illuminating, whether natural or artificial, or
water service, or any one or more of them, to the people of Nebraska are hereby
declared to be essential to their welfare, health, and safety. It is contrary to the public policy
of the state to permit any substantial impairment or suspension of the operation
of governmental service, including governmental service in a proprietary capacity
or any such utility by reason of industrial disputes therein. It is the duty
of the State of Nebraska to exercise all available means and every power at
its command to prevent the same so as to protect its citizens from any dangers,
perils, calamities, or catastrophes which would result therefrom. It is therefor
further declared that governmental service, including
governmental service in a proprietary capacity, and the service of such public utilities are
clothed with a vital public interest and to protect the same it is necessary that the relations
between the public employers
and public employees
in such industries be regulated by the State of Nebraska to the extent and
in the manner provided in the Industrial Relations Act;
(2) No right shall exist in any natural or corporate person
or group of persons to hinder, delay, limit, or suspend the continuity or
efficiency of any governmental service or governmental service in a proprietary
capacity of this state, either by strike, lockout, or other means; and
(3) No right shall exist in any natural or corporate person
or group of persons to hinder, delay, limit, or suspend the continuity or
efficiency of any public utility service, either by strike, lockout, or other
means.
Notes of Decisions
Lamb v. Fraternal Order of Police Lodge No. 36, 293 Neb. 138 (Neb. 2016).
· cites it 2× “01 (Reissue 2010) provides: [T]he [CIR] shall have the power and authority to make such findings and to enter such temporary or permanent orders as the [CIR] may find necessary to provide ade- quate remedies to the injured party or parties, to effectu- ate the public policy…”
Crete Educ. Ass'n v. Saline Cnty. Sch. Dist. No. 76-0002, 654 N.W.2d 166 (Neb. 2002).
· cites it 5× “01 provides: Whenever it is alleged that a party to an industrial dispute has engaged in an act which is in violation of any of the provisions of the Industrial Relations Act, or which interferes with, restrains, or coerces employees in the exercise of the rights provided in…”
Am. Ass'n of Univ. Professors v. Bd. of Regents, 253 N.W.2d 1 (Neb. 1977).
· cites it 4× “ly dissent from the majority opinion for three reasons: (1) The result reached by the Court of Industrial Relations, hereinafter designated CIR, is contrary to the substantial weight of the evidence; (2) the fragmentation of bargaining units among public employees of the State…”
Sch. Dist. of Seward Educ. Ass'n v. Sch. Dist., 199 N.W.2d 752 (Neb. 1972).
· cites it 4× “The public policy involved in this legislation is expressed in section 48-802, R.R.S.1943. With this public policy in mind, school districts and teacher associations *760 should negotiate in good faith within the ambit of their respective responsibilities.”
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
· cites it 2× “Section 48-823 states that all grants of power, authority, and jurisdiction made under the Industrial Relations Act "shall be liberally construed to effectuate the public policy enunciated in section 48-802." Industrial disputes involving governmental service "shall be settled…”
Univ. Police Officers Union v. Univ. of Nebraska, 277 N.W.2d 529 (Neb. 1979).
· cites it 2× “The public policy involved in this legislation is expressed in section 48-802, R. R. S. 1943. With this public policy in mind, school districts and teacher associations should negotiate in good faith within the ambit of their respective responsibilities.”
Orleans Ed. Ass'n v. Sch. Dist. of Orleans, 229 N.W.2d 172 (Neb. 1975).
· cites it 4× “That act has a much broader public purpose which is set forth in section 48-802, R.R.S.1943. When the legislative delegation is of this type, it is usually held that the statement of standards is required.”
Int'l Union of Operating Engineers Local 571 v. City of Plattsmouth, 660 N.W.2d 480 (Neb. 2003).
· cites it 8× “If the CIR finds that an accused party has committed a prohibited practice, it has the authority to order an appropriate remedy, see § 48-825(2), and such authority is to be liberally construed to effectuate the public policy enunciated in Neb. Rev. Stat. § 48-802 (Reissue…”
Omaha Police Union Local 101 v. City of Omaha, 736 N.W.2d 375 (Neb. 2007).
· cites it 3× “01 and 48-825(2) grant the CIR authority to issue such orders as it may find necessary to provide adequate remedies to the parties to effectuate the public policy enunciated in § 48-802. 52 The record fully supports the finding by the CIR that Housh is not a party to this action…”
— Neb. Rev. Stat. § 48-802(1) — 3 cases
Crete Educ. Ass'n v. Saline Cnty. Sch. Dist. No. 76-0002, 654 N.W.2d 166 (Neb. 2002).
“01 provides: Whenever it is alleged that a party to an industrial dispute has engaged in an act which is in violation of any of the provisions of the Industrial Relations Act, or which interferes with, restrains, or coerces employees in the exercise of the rights provided in…”
Omaha Police Union Local 101 v. City of Omaha, 736 N.W.2d 375 (Neb. 2007).
“01 and 48-825(2) grant the CIR authority to issue such orders as it may find necessary to provide adequate remedies to the parties to effectuate the public policy enunciated in § 48-802. 52 The record fully supports the finding by the CIR that Housh is not a party to this action…”
— Neb. Rev. Stat. § 48-802(2) — 1 case
Omaha Police Union Local 101 v. City of Omaha, 736 N.W.2d 375 (Neb. 2007).
“01 and 48-825(2) grant the CIR authority to issue such orders as it may find necessary to provide adequate remedies to the parties to effectuate the public policy enunciated in § 48-802. 52 The record fully supports the finding by the CIR that Housh is not a party to this action…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.