reglab/housing_qa huggingface dataset:
NE Code § 48-804 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-804 - Commissioners, appointment, term; vacancy; removal; presiding officer; selection; duties; quorum; applicability of law.

48-804.  Commissioners, appointment, term; vacancy; removal; presiding officer; selection; duties; quorum; applicability of law.(1) The Commission of Industrial Relations shall be composed of five commissioners appointed by the Governor, with the advice and consent of the Legislature. The commissioners shall be representative of the public. Each commissioner shall be appointed and hold office for a term of six years and until a successor has qualified. In case of a vacancy, the Governor shall appoint a successor to fill the vacancy for the unexpired term.(2) Any commissioner may be removed by the Governor for the same causes as a judge of the district court may be removed.(3) The commissioners shall, on July 1 of every odd-numbered year by a majority vote, select one of their number as presiding officer for the next two years, who shall preside at all hearings by the commission en banc, and shall assign the work of the commission to the several commissioners and perform such other supervisory duties as the needs of the commission may require. A majority of the commissioners shall constitute a quorum to transact business. The act or decision of any three of the commissioners shall in all cases be deemed the act or decision of the commission. Three commissioners shall preside over and decide all industrial disputes where the matter at issue is the comparability of wages, benefits, and terms and conditions of employment.(4) The commission shall not be subject to the Administrative Procedure Act.Source   Laws 1947, c. 178, § 4, p. 588;   Laws 1969, c. 407, § 2, p. 1407;   Laws 1974, LB 819, § 1;   Laws 1979, LB 444, § 2;  Laws 2007, LB472, § 2;  Laws 2011, LB397, § 4. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 48-804.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-804.01 - Presiding officer; clerk; personnel; appointment; duties.

48-804.01.  Presiding officer; clerk; personnel; appointment; duties.The presiding officer of the commission shall, with the advice and consent of the Governor, appoint a clerk of such commission who shall hold office at the pleasure of the commission. The presiding officer shall in like manner appoint such other assistants and employees as he or she may deem necessary. The clerk shall, under the direction of the presiding officer, keep a full and true record of the proceedings of the commission and record all pleadings and other papers filed with the commission, and no other action shall be taken thereon until the same has been recorded. The clerk shall in like manner issue all necessary notices and writs, superintend the business of the commission, and perform such other duties as the commission may direct. All other assistants and employees of the commission shall perform such duties, pertaining to the affairs thereof, as the commission may direct. The clerk of the commission shall administratively determine, prior to a hearing on the question of representation, the validity of the employee authorizations for representation by an employee labor organization.Source   Laws 1974, LB 819, § 3;  Laws 2007, LB472, § 3.
NE Code § 48-804.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-804.02 - Clerk, employees; salaries; approval by Governor; expenses.

48-804.02.  Clerk, employees; salaries; approval by Governor; expenses.The clerk and all other assistants and employees of the commission shall receive such salaries as the commission may with the approval of the Governor determine, but not to exceed the amount of the appropriation made for such purpose. Such salaries shall be payable in the same manner as the salaries of other state employees. The clerk and other assistants and employees of the commission shall be entitled, while traveling on the business of the commission, to be reimbursed by the state for necessary traveling expenses as provided in sections 81-1174 to 81-1177 for state employees.Source   Laws 1974, LB 819, § 4;   Laws 1981, LB 204, § 82.
NE Code § 48-804.03 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-804.03 - Clerk; bond or insurance; oath.

48-804.03.  Clerk; bond or insurance; oath.The clerk of the Commission of Industrial Relations shall be bonded or insured as required by section 11-201 before entering upon or discharging any of the duties of his or her office. Such clerk shall, before entering upon the duties of his or her office, take and subscribe the statutory oath of office.Source   Laws 1974, LB 819, § 5;   Laws 1978, LB 653, § 13;  Laws 2004, LB 884, § 24.
NE Code § 48-805 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-805 - Commissioners; qualifications.

48-805.  Commissioners; qualifications.The commissioners shall not be appointed because they are representatives of either capital or labor, but they shall be appointed because of their experience and knowledge in legal, financial, labor, and industrial matters.Source   Laws 1947, c. 178, § 5, p. 589;  Laws 2007, LB472, § 4.
NE Code § 48-806 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-806 - Commissioner; compensation; expenses.

48-806.  Commissioner; compensation; expenses.As soon as the same may be legally paid under the Constitution of Nebraska, the compensation of each commissioner shall be four hundred seventy-five dollars per day for each day's time actually engaged in the performance of the duties of his or her office. Each commissioner shall also be paid his or her necessary traveling expenses incurred while away from his or her place of residence upon business of the commission in accordance with sections 81-1174 to 81-1177.Source   Laws 1947, c. 178, § 6, p. 599;   Laws 1971, LB 822, § 1;   Laws 1976, LB 710, § 1;   Laws 1977, LB 302, § 1;   Laws 1979, LB 444, § 3;   Laws 1981, LB 188, § 1;   Laws 1981, LB 204, § 83;   Laws 1991, LB 856, § 1;  Laws 2007, LB211, § 1;  Laws 2007, LB472, § 5.
NE Code § 48-807 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-807 - Commission; office; location; records.

48-807.  Commission; office; location; records.The Commission of Industrial Relations may have its office at the Capitol in the city of Lincoln or such other location as the commission may, with the approval of the Governor, determine. It shall keep a record of all of its proceedings, which shall be a public record and subject to inspection the same as other public records of this state.Source   Laws 1947, c. 178, § 7, p. 589;   Laws 1974, LB 819, § 2.
NE Code § 48-808 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-808 - Reporter; duties.

48-808.  Reporter; duties.The commission may also appoint a reporter to report and transcribe in duplicate all testimony given in hearings and trials before the commission and file such testimony with the commission. The commission shall certify and transmit one copy to the Clerk of the Supreme Court in all cases in which there is an appeal under section 48-812.Source   Laws 1947, c. 178, § 8, p. 589;   Laws 1974, LB 819, § 6;   Laws 1986, LB 809, § 3;   Laws 1991, LB 732, § 115;   Laws 1992, LB 360, § 27.
NE Code § 48-809 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-809 - Commission; powers.

48-809.  Commission; powers.The commission may adopt all reasonable and proper regulations to govern its proceedings, the filing of pleadings, the issuance and service of process, and the issuance of subpoenas for attendance of witnesses, may administer oaths, and may regulate the mode and manner of all its investigations, inspections, hearings, and trials. Except as otherwise provided in the Industrial Relations Act or the State Employees Collective Bargaining Act, in the taking of evidence, the rules of evidence, prevailing in the trial of civil cases in Nebraska, shall be observed by the commission.Source   Laws 1947, c. 178, § 9, p. 590;  Laws 2011, LB397, § 5. Cross References  State Employees Collective Bargaining Act, see section 81-1369.Annotations Under powers granted in this section, Court of Industrial Relations may adopt rules required under the Administrative Procedures Act. School Dist. of Seward Education Assn. v. School Dist. of Seward, 188 Neb. 772, 199 N.W.2d 752 (1972).
NE Code § 48-810 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-810 - Commission; jurisdiction.

48-810.  Commission; jurisdiction.Except as provided in the State Employees Collective Bargaining Act, industrial disputes involving governmental service, service of a public utility, or other disputes as the Legislature may provide shall be settled by invoking the jurisdiction of the Commission of Industrial Relations.Source   Laws 1947, c. 178, § 10, p. 590;   Laws 1965, c. 289, § 14, p. 829;   Laws 1967, c. 305, § 1, p. 828;   Laws 1969, c. 407, § 3, p. 1407;   Laws 1987, LB 524, § 1;   Laws 1987, LB 661, § 23.  Cross References  State Employees Collective Bargaining Act, see section 81-1369.Annotations  The statutory jurisdiction of the Commission of Industrial Relations is to settle pending controversies. NAPE v. Game & Parks Comm., 220 Neb. 883, 374 N.W.2d 46 (1985). The provisions of the Teachers' Professional Negotiation Act must be exhausted by covered teachers before the action can be taken before the Commission of Industrial Relations. Lincoln Ed. Assn. v. School Dist. of Lincoln, 214 Neb. 895, 336 N.W.2d 587 (1983). A uniquely personal termination of office does not constitute an industrial dispute. Nebraska Dept. of Roads Employees Assn. v. Department of Roads, 189 Neb. 754, 205 N.W.2d 110 (1973). Employees covered by the Teachers' Professional Negotiations Act must await exhaustion thereof before invoking jurisdiction of the Court of Industrial Relations, but this does not deny them the right to invoke that jurisdiction. Sidney Education Assn. v. School Dist. of Sidney, 189 Neb. 540, 203 N.W.2d 762 (1973). Labor organization organized under provisions of the act may file a petition with the Court of Industrial Relations when industrial dispute exists between parties as set forth in this section. Mid-Plains Education Assn. v. Mid-Plains Nebraska Tech. College, 189 Neb. 37, 199 N.W.2d 747 (1972). While Court of Industrial Relations may not order a school district to enter into a contract, it has the power to settle a dispute. School Dist. of Seward Education Assn. v. School Dist. of Seward, 188 Neb. 772, 199 N.W.2d 752 (1972). Judicial remedies given employee discharged for joining labor union inadequate. American Federation of State, Co., & Mun. Emp. v. Woodward, 406 F.2d 137 (8th Cir. 1969).
NE Code § 48-810.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-810.01 - State or political subdivision; exempt from contract with labor organization.

48-810.01.  State or political subdivision; exempt from contract with labor organization.Notwithstanding any other provision of law, the State of Nebraska and any political or governmental subdivision thereof cannot be compelled to enter into any contract or agreement, written or otherwise, with any labor organization concerning grievances, labor disputes, rates of pay, hours of employment or conditions of work.Source  Laws 1967, c. 304, § 2, p. 827. Annotations  A contract continuation clause is not a contract for a future contract year in violation of this section. Central City Ed. Assn. v. Merrick Cty. Sch. Dist., 280 Neb. 27, 783 N.W.2d 600 (2010). If a school district refuses to recognize a teachers organization it cannot be compelled to do so, and the problems are then for solution by the Court of Industrial Relations. Sidney Education Assn. v. School Dist. of Sidney, 189 Neb. 540, 203 N.W.2d 762 (1973). While Court of Industrial Relations may not order a school district to enter into a contract, it has the power to settle a dispute. School Dist. of Seward Education Assn. v. School Dist. of Seward, 188 Neb. 772, 199 N.W.2d 752 (1972).
NE Code § 48-811 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-811 - Commission; filing of petition; effect; change in employment status, wages, or terms and conditions of employment; motion; hearing; order authorized; exception.

48-811.  Commission; filing of petition; effect; change in employment status, wages, or terms and conditions of employment; motion; hearing; order authorized; exception.(1) Except as provided in the State Employees Collective Bargaining Act, any public employer, public employee, or labor organization, or the Attorney General of Nebraska on his or her own initiative or by order of the Governor, when any industrial dispute exists between parties as set forth in section 48-810, may file a petition with the commission invoking its jurisdiction. No adverse action by threat or harassment shall be taken against any public employee because of any petition filing by such employee, and the employment status of such employee shall not be altered in any way pending disposition of the petition by the commission except as provided in subsection (2) of this section.(2) If a change in the employment status or in wages or terms and conditions of employment is necessary, a motion by either party or by the parties jointly may be presented to the commission at that time and if the commission finds, based on a showing of evidence at a hearing thereon, that the requested change is both reasonable and necessary to serve an important public interest and that the employer has not considered a change in the employment status, wages, or terms and conditions of employment as a policy alternative on an equal basis with other policy alternatives to achieve budgetary savings, the commission may order that the requested change be allowed pending final resolution of the pending industrial dispute.(3) Subsection (2) of this section does not apply to public employers subject to the State Employees Collective Bargaining Act.Source   Laws 1947, c. 178, § 11, p. 590;   Laws 1969, c. 407, § 4, p. 1408;   Laws 1987, LB 661, § 24;  Laws 2011, LB397, § 6. Cross References  State Employees Collective Bargaining Act, see section 81-1369.Annotations  The statutory words employment status mean that no employer may without cause change an employee's status as an employee under this section, pending disposition of the petition. Transport Workers v. Transit Auth. of Omaha, 216 Neb. 455, 344 N.W.2d 459 (1984). Prior to its amendment, this section did not give the Commission of Industrial Relations jurisdiction to generally find and declare what is known elsewhere in labor law as "unfair labor practices". University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979). Labor organization organized under provisions of the act may file a petition with the Court of Industrial Relations when industrial dispute exists between the parties as set forth in section 48-810, R.S.Supp.,1969. Mid-Plains Education Assn. v. Mid-Plains Nebraska Tech. College, 189 Neb. 37, 199 N.W.2d 747 (1972).
NE Code § 48-811.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-811.01 - Docket fee; disposition.

48-811.01.  Docket fee; disposition.Any person who files a petition with the Commission of Industrial Relations pursuant to section 48-811 shall, at the time of such filing, pay a docket fee of one hundred dollars to the clerk of such commission. All fees so collected shall be deposited in the state treasury and by the State Treasurer credited to the General Fund.Source  Laws 1983, LB 617, § 1.
NE Code § 48-814 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-814 - Commission; employees; compensation.

48-814.  Commission; employees; compensation.The Commission of Industrial Relations may employ such expert accountants, engineers, stenographers, attorneys, and other employees as the commission finds necessary. Officers and employees of the commission, whose salaries are not fixed by law, shall be paid such compensation as may be fixed by the commission with the approval of the Governor.Source   Laws 1947, c. 178, § 14, p. 591;   Laws 1955, c. 78, § 2, p. 233;   Laws 1974, LB 819, § 8.
NE Code § 48-815 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-815 - Commission; seal; attendance of witnesses and parties; subpoena.

48-815.  Commission; seal; attendance of witnesses and parties; subpoena.The commission shall provide itself with a proper seal and shall have the power and authority to issue subpoenas and to compel the attendance of witnesses and parties and to compel the production of relevant books, correspondence, files, records, and accounts of any person, corporation, association, or labor organization affected, and to make any and all investigations necessary to ascertain the truth in regard to the matters before the commission. Subpoenas for the production of books, correspondence, files, records and accounts shall be issued by the commission only after notice to the owner and person in possession thereof and opportunity to be heard as to the relevancy of such subpoena.Source   Laws 1947, c. 178, § 15, p. 591;   Laws 1974, LB 819, § 9.
NE Code § 48-816.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-816.01 - Hearing officer; appointment; when.

48-816.01.  Hearing officer; appointment; when.The presiding officer of the commission may, when he or she deems it necessary to expedite the determination of cases filed with the commission, appoint a hearing officer to hear evidence and make recommended findings and orders in any case or to make recommended determinations after a representation election has been ordered and during the course of such election. Any person appointed as a hearing officer shall be an attorney admitted to practice in Nebraska and shall be knowledgeable in the rules of civil procedure and evidence applicable to the district courts.Source   Laws 1979, LB 444, § 6;  Laws 2007, LB472, § 6.
NE Code § 48-816.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-816.02 - Temporary relief; initial hearing; when held.

48-816.02.  Temporary relief; initial hearing; when held.In any request for temporary relief under the Industrial Relations Act, the commission shall mandatorily hold the initial hearing within ten days from the date of the filing.Source   Laws 1984, LB 832, § 4;   Laws 1986, LB 809, § 6.
NE Code § 48-817 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-817 - Commission; findings; decisions; orders.

48-817.  Commission; findings; decisions; orders.After the hearing and any investigation, the commission shall make all findings, findings of fact, recommended decisions and orders, and decisions and orders in writing, which findings, findings of fact, recommended decisions and orders, and decisions and orders shall be entered of record. Except as provided in the State Employees Collective Bargaining Act, the final decision and order or orders shall be in effect from and after the date therein fixed by the commission, but no such order or orders shall be retroactive except as provided otherwise in the Industrial Relations Act. Except as provided otherwise in the Industrial Relations Act, in the making of any findings or orders in connection with any such industrial dispute, the commission shall give no consideration to any evidence or information which it may obtain through an investigation or otherwise receive, except matters of which the district court might take judicial notice, unless such evidence or information is presented and made a part of the record in a hearing and opportunity is given, after reasonable notice to all parties to the controversy of the initiation of any investigation and the specific contents of the evidence or information obtained or received, to rebut such evidence or information either by cross-examination or testimony.Source   Laws 1947, c. 178, § 17, p. 592;   Laws 1979, LB 444, § 7;   Laws 1984, LB 832, § 3;   Laws 1987, LB 661, § 27;  Laws 2011, LB397, § 9. Cross References  State Employees Collective Bargaining Act, see section 81-1369.Annotations The provision prohibiting a retroactive order means that the orders of the Court of Industrial Relations cannot apply to a period prior to that embraced within the dispute submitted to it. Crete Education Assn. v. School Dist. of Crete, 193 Neb. 245, 226 N.W.2d 752 (1975).
NE Code § 48-818.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-818.02 - School district, educational service unit, or community college; total compensation; considerations.

48-818.02.  School district, educational service unit, or community college; total compensation; considerations.When determining total compensation pursuant to subsection (1) of section 48-818 for a school district, educational service unit, or community college with their certificated and instructional employees, the commission shall consider the employer's contribution to retirement plans and health insurance premiums, premium equivalent payments, or cash equivalent payments and any other costs, including Federal Insurance Contributions Act contributions, associated with providing such benefits.Source Laws 2011, LB397, § 12.
NE Code § 48-818.03 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-818.03 - School district, educational service unit, or community college; wage rates; commission; duties; orders authorized.

48-818.03.  School district, educational service unit, or community college; wage rates; commission; duties; orders authorized.When establishing wage rates pursuant to subsection (1) of section 48-818 for a school district, educational service unit, or community college with their certificated and instructional employees, the commission shall determine whether the total compensation of the members of the bargaining unit or classification falls within a ninety-eight percent to one hundred two percent range of the array's midpoint. If the total compensation falls within the ninety-eight percent to one hundred two percent range, the commission shall order no change in wage rates. If the total compensation is less than ninety-eight percent of the midpoint, the commission shall enter an order increasing wage rates to ninety-eight percent of the midpoint. If the total compensation is more than one hundred two percent of the midpoint, the commission shall enter an order decreasing wage rates to one hundred two percent of the midpoint. If the total compensation is more than one hundred seven percent of the midpoint, the commission shall enter an order reducing wage rates to one hundred two percent of the midpoint in three equal annual reductions. If the total compensation is less than ninety-three percent of the midpoint, the commission shall enter an order increasing wage rates to ninety-eight percent of the midpoint in three equal annual increases. If the commission finds that the year in dispute occurred during a time of recession, the applicable range will be ninety-five percent to one hundred two percent. For purposes of this section, recession occurrence means the two nearest quarters in time, excluding the immediately preceding quarter, to the effective date of the contract term in which the sum of the net state sales and use tax, individual income tax, and corporate income tax receipts are less than the same quarters for the prior year. Each of these receipts shall be rate and base adjusted for state law changes. The Department of Revenue shall report and publish such receipts on a quarterly basis.Source Laws 2011, LB397, § 13.