(1) A proceeding against a party alleging a violation of section 48-824 is commenced by filing a complaint with the commission within one hundred eighty days after the alleged violation thereby causing a copy of the complaint to be served upon the accused party. The accused party has ten days within which to file a written answer to the complaint. If the commission determines that the complaint has no basis in fact, the commission may dismiss the complaint. If the complaint has a basis in fact, the commission shall set a time for hearing. The parties may be represented by counsel, summon witnesses, and request the commission to subpoena witnesses on the requester's behalf.
(2) The commission shall file its findings of fact and conclusions of law. If the commission finds that the party accused has committed a prohibited practice, the commission, within thirty days after its decision, shall order an appropriate remedy. Any party may petition the district court for injunctive relief pursuant to the rules of civil procedure.
(3) Any party aggrieved by any decision or order of the commission may, within thirty days after the date such decision or order is filed, appeal to the Court of Appeals.
(4) Any order or decision of the commission may be modified, reversed, or set aside by the appellate court on one or more of the following grounds and no other:
(a) If the commission acts without or in excess of its powers;
(b) If the order was procured by fraud or is contrary to law;
(c) If the facts found by the commission do not support the order; and
(d) If the order is not supported by a preponderance of the competent evidence on the record considered as a whole.
Notes of Decisions
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
· cites it 3× “§ 48-824 and § 48-825 ... grant to the [CIR] the specific statutory authority to find and declare what is known elsewhere in labor law as an unfair labor practice.”
Fraternal Order of Police Lodge 88 v. State, 316 Neb. 28 (Neb. 2024).
· cites it 7× “23 However, prohibited practices are referenced in § 48-825(1) and (2) of the Industrial Relations Act, while wages and work- ing conditions are not.”
Hyannis Educ. Ass'n v. GRANT Cnty. Sch. Dist. NO. 38-0011, 698 N.W.2d 45 (Neb. 2005).
· cites it 12× “In particular, § 48-825(4) provides as follows: Any order or decision of the [CIR] may be modified, reversed, or set aside by the appellate court on one or more of the following grounds and no other: (a) If the [CIR] acts without or in excess of its powers; (b) If the order was…”
Nebraska Pub. Employees Local Union 251 v. Otoe Cnty., 595 N.W.2d 237 (Neb. 1999).
· cites it 3× “SCOPE OF REVIEW Our scope of review of CIR orders relating to § 48-824 violations is specifically set forth in Neb. Rev. Stat. § 48-825 (4) (Reissue 1998), which states: Any order or decision of the commission may be modified, reversed, or set aside by the appellate court on one…”
Davis v. Fraternal Order of Police Lodge No. 8, 731 N.W.2d 901 (Neb. Ct. App. 2007).
· cites it 19× “Specifically, the FOP claims that Appellees’ claims do not comply with the limitations set forth in Neb. Rev. Stat. § 48-825 (1) (Reissue 2004).”
Hamilton Cty. EMS Assn. v. Hamilton Cty., 291 Neb. 495 (Neb. 2015).
“However, if the shift captains are not statutory supervisors, then they may be included in the bargaining unit with the other employees.”
— Neb. Rev. Stat. § 48-825(1) — 3 cases
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
“§ 48-824 and § 48-825 ... grant to the [CIR] the specific statutory authority to find and declare what is known elsewhere in labor law as an unfair labor practice.”
Davis v. Fraternal Order of Police Lodge No. 8, 731 N.W.2d 901 (Neb. Ct. App. 2007).
“Specifically, the FOP claims that Appellees’ claims do not comply with the limitations set forth in Neb. Rev. Stat. § 48-825 (1) (Reissue 2004).”
Fraternal Order of Police Lodge 88 v. State, 316 Neb. 28 (Neb. 2024).
“23 However, prohibited practices are referenced in § 48-825(1) and (2) of the Industrial Relations Act, while wages and work- ing conditions are not.”
— Neb. Rev. Stat. § 48-825(2) — 2 cases
— Neb. Rev. Stat. § 48-825(3) — 1 case
Fraternal Order of Police Lodge 88 v. State, 316 Neb. 28 (Neb. 2024).
“23 However, prohibited practices are referenced in § 48-825(1) and (2) of the Industrial Relations Act, while wages and work- ing conditions are not.”
— Neb. Rev. Stat. § 48-825(4) — 4 cases
Fraternal Order of Police Lodge 88 v. State, 316 Neb. 28 (Neb. 2024).
“23 However, prohibited practices are referenced in § 48-825(1) and (2) of the Industrial Relations Act, while wages and work- ing conditions are not.”
Hyannis Educ. Ass'n v. GRANT Cnty. Sch. Dist. NO. 38-0011, 698 N.W.2d 45 (Neb. 2005).
“In particular, § 48-825(4) provides as follows: Any order or decision of the [CIR] may be modified, reversed, or set aside by the appellate court on one or more of the following grounds and no other: (a) If the [CIR] acts without or in excess of its powers; (b) If the order was…”
Hamilton Cty. EMS Assn. v. Hamilton Cty., 291 Neb. 495 (Neb. 2015).
“However, if the shift captains are not statutory supervisors, then they may be included in the bargaining unit with the other employees.”
— Neb. Rev. Stat. § 48-825(4)(d) — 1 case
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.