Nebraska Revised Statutes

Neb. Rev. Stat. § 48-838 (2026)

Collective bargaining; questions of representation; elections; nonmember employee duty to reimburse; when

✓ current as of July 2026

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(1) The commission shall determine questions of representation for purposes of collective bargaining for and on behalf of public employees and shall make rules and regulations for the conduct of elections to determine the exclusive collective-bargaining agent for public employees, except that in no event shall a contract between a public employer and an exclusive collective-bargaining agent act as a bar for more than three years to any other party seeking to represent public employees, nor shall any contract bar for more than three years a petition by public employees seeking an election to revoke the authority of an agent to represent them. Except as provided in the State Employees Collective Bargaining Act, the commission shall certify the exclusive collective-bargaining agent for employees affected by the Industrial Relations Act following an election by secret ballot, which election shall be conducted according to rules and regulations established by the commission.

(2) The election shall be conducted by one member of the commission who shall be designated to act in such capacity by the presiding officer of the commission, or the commission may appoint the clerk of the district court of the county in which the principal office of the public employer is located to conduct the election in accordance with the rules and regulations established by the commission. Except as provided in the State Employees Collective Bargaining Act, the commission shall also determine the appropriate unit for bargaining and for voting in the election, and in making such determination, the commission shall consider established bargaining units and established policies of the public employer. It shall be presumed, in the case of governmental subdivisions such as municipalities, counties, power districts, or utility districts with no previous history of collective bargaining, that units of public employees of less than departmental size shall not be appropriate.

(3) Except as provided in the State Employees Collective Bargaining Act, the commission shall not order an election until it has determined that at least thirty percent of the employees in an appropriate unit have requested in writing that the commission hold such an election. Such request in writing by an employee may be in any form in which an employee specifically either requests an election or authorizes the employee organization to represent him or her in bargaining, or otherwise evidences a desire that an election be conducted. Such request of an employee shall not become a matter of public record. No election shall be ordered in one unit more than once a year.

(4) Except as provided in the State Employees Collective Bargaining Act, the commission shall only certify an exclusive collective-bargaining agent if a majority of the employees voting in the election vote for the agent. A certified exclusive collective-bargaining agent shall represent all employees in the appropriate unit with respect to wages, hours, and conditions of employment, except that such right of exclusive recognition shall not preclude any employee, regardless of whether or not he or she is a member of a labor organization, from bringing matters to the attention of his or her superior or other appropriate officials.

Any employee may choose his or her own representative in any grievance or legal action regardless of whether or not an exclusive collective-bargaining agent has been certified. If an employee who is not a member of the labor organization chooses to have legal representation from the labor organization in any grievance or legal action, such employee shall reimburse the labor organization for his or her pro rata share of the actual legal fees and court costs incurred by the labor organization in representing the employee in such grievance or legal action.

The certification of an exclusive collective-bargaining agent shall not preclude any public employer from consulting with lawful religious, social, fraternal, or other similar associations on general matters affecting public employees so long as such contracts do not assume the character of formal negotiations in regard to wages, hours, and conditions of employment. Such consultations shall not alter any collective-bargaining agreement which may be in effect.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1977–2024 · leading case: Am. Ass'n of Univ. Professors v. Bd. of Regents, 253 N.W.2d 1 (Neb. 1977).

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Am. Ass'n of Univ. Professors v. Bd. of Regents, 253 N.W.2d 1 (Neb. 1977). · cites it 30× “This is an appeal by the Board of Regents of the University of Nebraska from a determination of the Court of Industrial Relations establishing the scope and composition of bargaining units of academic employees under section 48-838, R.S.Supp., 1974. The issue raised on appeal is…”

Am. Fed'n of State, Cnty. & Mun. Employees v. State, 263 N.W.2d 643 (Neb. 1978). · cites it 12× “Section 48-838, R.R.S.1943, provides: "(1) The court shall certify the exclusive collective bargaining agent for employees * * following an election by secret ballot, * *.”

Univ. Police Officers Union v. Univ. of Nebraska, 277 N.W.2d 529 (Neb. 1979). · cites it 6× “1943, concerning appropriate bargaining units are of relatively recent origin and to some extent both the public employers and public employees, the CIR, and this court are seeking to establish appropriate guidelines.”

Sheldon Station Employees Ass'n v. Nebraska Pub. Power Dist., 275 N.W.2d 816 (Neb. 1979). · cites it 13× “, 1976, which provides as follows: “ * * * It shall be presumed, in the case of governmental subdivisions such as municipalities, counties, power districts, or utilities districts with no previous history of collective bargaining, that units of employees of less than…”

Papillion/LaVista Schs. Principals & Supervisors Org. v. Papillion/LaVista Sch. Dist., 562 N.W.2d 335 (Neb. 1997). · cites it 6× “It is true that Neb. Rev. Stat. § 48-838 (2) (Reissue 1993) provides, in relevant part: “It shall be presumed, in the case of governmental subdivisions such as municipalities, counties, power districts, or utility districts with no previous history of collective bargaining, that…”

Neb. Prot. Servs. Unit, Inc. v. State, 910 N.W.2d 767 (Neb. 2018). · cites it 3× “Neb. Rev. Stat. § 48-838 (1) (Cum. Supp. 2016).”

Nebraska Prot. Servs. Unit v. State, 299 Neb. 797 (Neb. 2018). · cites it 3× “8 Neb. Rev. Stat. § 48-838 (1) (Cum. Supp. 2016).”

Champion v. Hall Cnty., 309 Neb. 55 (Neb. 2021). “37 § 48-838. - 75 - Nebraska Supreme Court Advance Sheets 309 Nebraska Reports CHAMPION v.”

House Officers Ass'n. v. Univ. of Nebraska Med. Ctr., 255 N.W.2d 258 (Neb. 1977). · cites it 8× “1943, and from a further determination of the Court of Industrial Relations that a unit composed solely of House Officers employed by the University of Nebraska Medical Center is an appropriate “unit” within the meaning of section 48-838, R. S. Supp., 1976. The Board of Regents…”

State Colleges Educ. Ass'n v. Bd. of Trs., 286 N.W.2d 433 (Neb. 1979). · cites it 16× “444, Laws 1979), determining an appropriate unit for bargaining and voting pursuant to the provisions of section 48-838, R. R. S. 1943. Government of the four state colleges is vested in the Board by Article VII, section 13, of the Nebraska Constitution, which provides in part:…”

House Officers, Etc. v. U. of Neb. Med. Ctr., 255 N.W.2d 258 (Neb. 1977). · cites it 8× “1943, and from a further determination of the Court of Industrial Relations that a unit composed solely of House Officers employed by the University of Nebraska Medical Center is an appropriate "unit" within the meaning of section 48-838, R.S.Supp., 1976. The Board of Regents…”

Fraternal Order of Police Lodge 88 v. State, 316 Neb. 28 (Neb. 2024). “” 17 In its order in the present case, the CIR takes the view that it prom ulgated Rule 12 pursuant to its authority under § 48-838 of the Industrial Relations Act to determine the appropriate unit for bargaining purposes.”

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— Neb. Rev. Stat. § 48-838(1) — 1 case

House Officers, Etc. v. U. of Neb. Med. Ctr., 255 N.W.2d 258 (Neb. 1977). “1943, and from a further determination of the Court of Industrial Relations that a unit composed solely of House Officers employed by the University of Nebraska Medical Center is an appropriate "unit" within the meaning of section 48-838, R.S.Supp., 1976. The Board of Regents…”

— Neb. Rev. Stat. § 48-838(2) — 3 cases

Am. Ass'n of Univ. Professors v. Bd. of Regents, 253 N.W.2d 1 (Neb. 1977). “This is an appeal by the Board of Regents of the University of Nebraska from a determination of the Court of Industrial Relations establishing the scope and composition of bargaining units of academic employees under section 48-838, R.S.Supp., 1974. The issue raised on appeal is…”

State Colleges Educ. Ass'n v. Bd. of Trs., 286 N.W.2d 433 (Neb. 1979). “444, Laws 1979), determining an appropriate unit for bargaining and voting pursuant to the provisions of section 48-838, R. R. S. 1943. Government of the four state colleges is vested in the Board by Article VII, section 13, of the Nebraska Constitution, which provides in part:…”

Plpso v. papillion/lavista Sch., 555 N.W.2d 563 (Neb. Ct. App. 1996).

— Neb. Rev. Stat. § 48-838(3) — 2 cases

Neb. Prot. Servs. Unit, Inc. v. State, 910 N.W.2d 767 (Neb. 2018). “Neb. Rev. Stat. § 48-838 (1) (Cum. Supp. 2016).”

Nebraska Prot. Servs. Unit v. State, 299 Neb. 797 (Neb. 2018). “8 Neb. Rev. Stat. § 48-838 (1) (Cum. Supp. 2016).”

— Neb. Rev. Stat. § 48-838(4) — 1 case

Metro. Tech. Com. Col. Ed. Ass'n v. Metro. Tech., Etc., 281 N.W.2d 201 (Neb. 1979).

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