(1) Proceedings
against a party alleging a violation of section 81-1386 shall be commenced
by filing a complaint with the commission within one hundred eighty days of
the alleged violation thereby causing a copy of the complaint to be served
upon the accused party. The accused party shall have 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 shall be permitted to 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 of its decision, shall order
an appropriate remedy. Any party may petition the district court for injunctive
relief pursuant to rules of civil procedure.
(3) Any party aggrieved by any decision or order of the commission
may, within thirty days from the date such decision or order is filed, appeal
therefrom to the Supreme Court.
(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 on 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
Fraternal Order of Police Lodge 88 v. State, 316 Neb. 28 (Neb. 2024).
· cites it 9× “The State opposes that motion, arguing that it properly filed the notice with the Court of Appeals under the Industrial Relations Act.”
Nebraska Prot. Servs. Unit v. State, 299 Neb. 797 (Neb. 2018).
· cites it 3× “W Any order or decision of the CIR may be modified, reversed, or set aside by an appellate court on one or more of the fol- lowing grounds and no other: (1) if the CIR acts without or in excess of its powers, (2) if the order was procured by fraud or is contrary to law, (3) if…”
Jolly v. State, 562 N.W.2d 61 (Neb. 1997).
“(Reissue 1994), which is cumulative to the Industrial Relations Act, see § 81-1372, and confers the authority upon the Commission to hear prohibited practices complaints, § 81-1387. A review of these applicable statutes clearly shows the statutes do not give the Commission the…”
— Neb. Rev. Stat. § 81-1387(3) — 3 cases
Nebraska Prot. Servs. Unit v. State, 299 Neb. 797 (Neb. 2018).
“W Any order or decision of the CIR may be modified, reversed, or set aside by an appellate court on one or more of the fol- lowing grounds and no other: (1) if the CIR acts without or in excess of its powers, (2) if the order was procured by fraud or is contrary to law, (3) if…”
— Neb. Rev. Stat. § 81-1387(4) — 2 cases
Nebraska Prot. Servs. Unit v. State, 299 Neb. 797 (Neb. 2018).
“W Any order or decision of the CIR may be modified, reversed, or set aside by an appellate court on one or more of the fol- lowing grounds and no other: (1) if the CIR acts without or in excess of its powers, (2) if the order was procured by fraud or is contrary to law, (3) if…”
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