reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-665.01 - Benefits; unlawful payments from foreign state or government; recovery.

48-665.01.
Benefits; unlawful payments from foreign state or government; recovery.
Any person who has received any sum as benefits to which he or she was not entitled from any agency which administers an employment security law of another state or foreign government and who has been found liable to repay benefits received under such law may be required to repay to the commissioner for such state or foreign government the amount found due. Such amount, without interest, may be collected (1) by civil action in the name of the commissioner acting as agent for such agency, (2) by offset against any future benefits payable to the claimant under the Employment Security Law for any benefit year which may commence within three years after the claimant was notified such amount was due, except that no such recoupment by the withholding of future benefits shall be had if such sum was received by such person without fault on his or her part and such recoupment would defeat the purpose of the Employment Security Law or would be against equity and good conscience, (3) by setoff against any state income tax refund due the claimant pursuant to sections 77-27,197 to 77-27,209, or (4) as provided in subsection (2) of section 48-665.
Source
Laws 1953, c. 167, § 14(2), p. 540;
Laws 1986, LB 950, § 9;
Laws 1993, LB 46, § 16;
Laws 2012, LB1058, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-666 - Violations; general penalty.

48-666.
Violations; general penalty.
Any person who shall willfully violate any provision of the Employment Security Law or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of such law, and for which a penalty is neither prescribed in such law nor provided by any other applicable statute, shall be guilty of a Class III misdemeanor. Each day such violation continues shall be a separate offense.
Source
Laws 1937, c. 108, § 16, p. 401;
C.S.Supp.,1941, § 48-715;
R.S.1943, § 48-666;
Laws 1977, LB 40, § 296;
Laws 1985, LB 339, § 47.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-667 - Commissioner of Labor; civil and criminal actions; representation.

48-667.
Commissioner of Labor; civil and criminal actions; representation.
(1) In any civil action to enforce the Employment Security Law, the commissioner and the state may be represented by any qualified attorney who is employed by the commissioner and is designated by him or her for this purpose or at the commissioner's request by the Attorney General.
(2) All criminal actions for violation of any provision of the Employment Security Law or of any rules or regulations issued pursuant thereto shall be prosecuted by the county attorney of any county in which the violation, or a part thereof, occurred.
Source
Laws 1937, c. 108, § 17, p. 402;
C.S.Supp.,1941, § 48-716;
R.S.1943, § 48-667;
Laws 1953, c. 167, § 15, p. 540;
Laws 1985, LB 339, § 48.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-668.01 - Unemployment compensation; services performed in another state; arrangements with other states; alter.

48-668.01.
Unemployment compensation; services performed in another state; arrangements with other states; alter.
If after entering into an arrangement provided by sections 48-668 to 48-668.03 the commissioner finds that the employment security law of any state or of the federal government participating in such arrangement has been changed in a material respect, the commissioner shall make a new finding as to whether such arrangement shall be continued with such state or with the federal government.
Source
Laws 1949, c. 163, § 17(2), p. 434.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-668.02 - Unemployment compensation; services performed in another state; reimbursements to and from other states.

48-668.02.
Unemployment compensation; services performed in another state; reimbursements to and from other states.
Reimbursements paid from the fund pursuant to subdivisions (1)(c) and (1)(d) of section 48-668 shall be deemed to be benefits for the purposes of the Employment Security Law. The commissioner is authorized to make to other state or federal agencies and to receive from such other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to section 48-668.
Source
Laws 1937, c. 108, § 18, p. 402;
Laws 1939, c. 56, § 12, p. 251;
C.S.Supp.,1941, § 48-717;
R.S.1943, § 48-668;
Laws 1945, c. 115, § 8, p. 387;
Laws 1949, c. 163, § 17(3), p. 434;
Laws 1985, LB 339, § 50;
Laws 2009, LB631, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-668.03 - Unemployment compensation; services performed in foreign country; facilities and services; utilize.

48-668.03.
Unemployment compensation; services performed in foreign country; facilities and services; utilize.
To the extent permissible under the laws and Constitution of the United States, the commissioner is authorized to enter into or cooperate in arrangements whereby facilities and services provided under the Employment Security Law and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under the unemployment insurance law of this state or under a similar law of such government.
Source
Laws 1937, c. 108, § 18, p. 402;
Laws 1939, c. 56, § 12, p. 251;
C.S.Supp.,1941, § 48-717;
R.S.1943, § 48-668;
Laws 1945, c. 115, § 8, p. 387;
Laws 1949, c. 163, § 17(4), p. 434;
Laws 1985, LB 339, § 51.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-670 - Federal law; adjudged unconstitutional, invalid, or stayed; effect.

48-670.
Federal law; adjudged unconstitutional, invalid, or stayed; effect.
If Public Law 94-566 or the federal acts it amends is adjudged unconstitutional or invalid in its application or stayed pendente lite by any court of competent jurisdiction, then the coverage under the Employment Security Law of those employees of any political subdivision is automatically stayed or repealed.
Source
Laws 1977, LB 509, § 10;
Laws 1985, LB 339, § 52.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-671 - City or village; levy a tax; when; limitation.

48-671.
City or village; levy a tax; when; limitation.
Any city or village of the state which makes any contributions or payments required to be made by the Employment Security Law shall levy a tax in order to defray the cost to such city or village in meeting the obligations arising by reason of such law. Such tax shall be in excess of and in addition to all other taxes now or hereafter authorized to be levied by such city. The revenue so raised shall be limited to the amount needed to defray the cost to such city or village in meeting the obligations arising by reason of the Employment Security Law and shall be used for no other purpose.
Source
Laws 1977, LB 509, § 11;
Laws 1985, LB 339, § 53.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-673 - Short-time compensation program; terms, defined.

48-673.
Short-time compensation program; terms, defined.
For purposes of sections 48-672 to 48-683:
(1) Affected unit means a specified plant, department, shift, or other definable unit which includes three or more employees to which an approved short-time compensation plan applies;
(2) Commissioner means the Commissioner of Labor or any delegate or subordinate responsible for approving applications for participation in a short-time compensation plan;
(3) Health and retirement benefits means employer-provided health benefits and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal Revenue Code, or contributions under a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code, which are incidents of employment in addition to the cash remuneration earned;
(4) Short-time compensation means the unemployment benefits payable to employees in an affected unit under an approved short-time compensation plan, as distinguished from the unemployment benefits otherwise payable under the Employment Security Law;
(5) Short-time compensation plan means a plan submitted by an employer, for written approval by the commissioner, under which the employer requests the payment of short-time compensation to workers in an affected unit of the employer to avert layoffs;
(6) Unemployment compensation means the unemployment benefits payable under the Employment Security Law other than short-time compensation and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment; and
(7) Usual weekly hours of work means the usual hours of work for full-time or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed forty hours and not including hours of overtime work.
Source
Laws 2014, LB961, § 14.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-675 - Short-time compensation program; commissioner; decision; eligibility.

48-675.
Short-time compensation program; commissioner; decision; eligibility.
(1) The commissioner shall approve or disapprove a short-time compensation plan in writing within thirty days after its receipt and promptly communicate the decision to the employer. A decision disapproving the plan shall clearly identify the reasons for the disapproval. The disapproval shall be final, but the employer shall be allowed to submit another short-time compensation plan for approval not earlier than forty-five days after the date of the disapproval, except that the commissioner may, for good cause shown, approve a plan for an employer within such forty-five-day period.
(2) Except as provided in subsection (4) of this section, a short-time compensation plan will only be approved for a contributory employer that (a) is eligible for experience rating under section 48-649.03, (b) has a positive balance in the employer's experience account, (c) has filed all quarterly reports and other reports required under the Employment Security Law, and (d) has paid all obligation assessments, contributions, interest, and penalties due through the date of the employer's application.
(3) Except as provided in subsection (4) of this section, a short-time compensation plan will only be approved for an employer liable for making payments in lieu of contributions that has filed all quarterly reports and other reports required under the Employment Security Law and has paid all obligation assessments, payments in lieu of contributions, interest, and penalties due through the date of the employer's application.
(4) The commissioner may, for good cause shown, waive any requirement in subsection (2) or (3) of this section.
Source
Laws 2014, LB961, § 16;
Laws 2017, LB172, § 81;
Laws 2022, LB780, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-676 - Short-time compensation program; plan; effective date; notice of approval; expiration; revocation; termination.

48-676.
Short-time compensation program; plan; effective date; notice of approval; expiration; revocation; termination.
(1) A short-time compensation plan shall be effective on the date that is mutually agreed upon by the employer and the commissioner, which shall be specified in the notice of approval to the employer. The plan shall expire on the date specified in the notice of approval, which shall be either the date at the end of the twelfth full calendar month after its effective date or an earlier date mutually agreed upon by the employer and the commissioner.
(2) If a short-time compensation plan is revoked by the commissioner under section 48-677, the plan shall terminate on the date specified in the commissioner's written order of revocation.
(3) An employer may terminate a short-time compensation plan at any time upon written notice to the commissioner. Upon receipt of such notice from the employer, the commissioner shall promptly notify each member of the affected unit of the termination date.
(4) An employer may submit a new application to participate in another short-time compensation plan at any time after the expiration or termination date.
Source
Laws 2014, LB961, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-677 - Short-time compensation program; plan; revocation; procedure; grounds; order.

48-677.
Short-time compensation program; plan; revocation; procedure; grounds; order.
(1) The commissioner may revoke approval of a short-time compensation plan for good cause at any time, including upon the request of any of the affected unit's employees. The revocation order shall be in writing and shall specify the reasons for the revocation and the date the revocation is effective.
(2) The commissioner may periodically review the operation of each employer's short-time compensation plan to assure that no good cause exists for revocation of the approval of the plan. Good cause shall include, but not be limited to, failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the short-time compensation plan, and violation of any criteria on which approval of the plan was based.
Source
Laws 2014, LB961, § 18.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-678 - Short-time compensation program; plan; modification; request; decision; employer; report.

48-678.
Short-time compensation program; plan; modification; request; decision; employer; report.
(1) An employer may request a modification of an approved plan by filing a written request with the commissioner. The request shall identify the specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the short-time compensation plan. The commissioner shall approve or disapprove the proposed modification in writing within thirty days after receipt and promptly communicate the decision to the employer.
(2) The commissioner may approve a request for modification of the plan based on conditions that have changed since the plan was approved if the modification is consistent with and supports the purposes for which the plan was initially approved. A modification does not extend the expiration date of the original plan, and the commissioner shall promptly notify the employer whether the plan modification has been approved and, if approved, the effective date of the modification.
(3) An employer is not required to request approval of a plan modification from the commissioner if the change is not substantial, but the employer must report every change to the plan to the commissioner promptly and in writing. The commissioner may terminate an employer's plan if the employer fails to meet this reporting requirement. If the commissioner determines that the reported change is substantial, the commissioner shall require the employer to request a modification to the plan.
Source
Laws 2014, LB961, § 19.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-679 - Short-time compensation program; individual; eligibility.

48-679.
Short-time compensation program; individual; eligibility.
An individual is eligible to receive short-time compensation with respect to any week only if the individual is monetarily eligible for unemployment compensation, not otherwise disqualified for unemployment compensation, and:
(1) During the week, the individual is employed as a member of an affected unit under an approved short-time compensation plan, which was approved prior to that week, and the plan is in effect with respect to the week for which short-time compensation is claimed;
(2) Notwithstanding any other provisions of the Employment Security Law relating to availability for work and actively seeking work, the individual is available for the individual's usual hours of work with the short-time compensation employer, which may include, for purposes of this section, participating in training to enhance job skills that is approved by the commissioner such as employer-sponsored training or training funded under the federal Workforce Innovation and Opportunity Act, 29 U.S.C. 3101 et seq.; and
(3) Notwithstanding any other provision of law, an individual covered by a short-time compensation plan is deemed unemployed in any week during the duration of such plan if the individual's remuneration as an employee in an affected unit is reduced based on a reduction of the individual's usual weekly hours of work under an approved short-time compensation plan.
Source
Laws 2014, LB961, § 20;
Laws 2017, LB172, § 82.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-681 - Short-time compensation; charged to employer's experience account.

48-681.
Short-time compensation; charged to employer's experience account.
Short-time compensation shall be charged to the employer's experience account in the same manner as unemployment compensation is charged. Employers liable for payments in lieu of contributions shall have short-time compensation attributed to service in their employ in the same manner as unemployment compensation is attributed.
Source
Laws 2014, LB961, § 22.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-682 - Short-time compensation; when considered exhaustee.

48-682.
Short-time compensation; when considered exhaustee.
An individual who has received all of the short-time compensation or combined unemployment compensation and short-time compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits under section 48-628.14 and, if otherwise eligible under such section, shall be eligible to receive extended benefits.
Source
Laws 2014, LB961, § 23;
Laws 2017, LB172, § 83.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-683 - Short-time compensation program; department; funding; report.

48-683.
Short-time compensation program; department; funding; report.
(1) The department shall not use General Funds to implement the short-time compensation program. The department shall use any and all available federal funds to implement the short-time compensation program, including, but not limited to, federal funds distributed to the state under sections 903(c), 903(d), 903(f), and 903(g) of the federal Social Security Act, as amended.
(2) The department shall submit an annual report to the Governor and electronically to the Legislature on the short-time compensation program trends, including the number of employers filing short-time compensation program plans, the number of layoffs averted through the use of the short-time compensation program, the amount of short-time compensation program benefits paid, and other information pertinent to the short-time compensation program.
Source
Laws 2014, LB961, § 24.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-801.01 - Act, how cited.

48-801.01.
Act, how cited.
Sections 48-801 to 48-839 shall be known and may be cited as the Industrial Relations Act.
Source
Laws 1986, LB 809, § 1;
Laws 1995, LB 365, § 1;
Laws 1995, LB 382, § 3;
Laws 2011, LB397, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-803 - Commission of Industrial Relations; created.

48-803.
Commission of Industrial Relations; created.
In order to carry out the public policy of the State of Nebraska as set forth in section 48-802, there is hereby created an industrial commission to be known as the Commission of Industrial Relations.
Source
Laws 1947, c. 178, § 3, p. 588;
Laws 1979, LB 444, § 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-819 - Commission; orders; effect; contempt.

48-819.
Commission; orders; effect; contempt.
Orders, temporary or final, entered by the Commission of Industrial Relations shall be binding on all parties involved therein and shall be deemed to be of the same force and effect as like orders entered by a district court and shall be enforceable in appropriate proceedings in the courts of this state. Failure on the part of any person to obey any order, decree or judgment of the Commission of Industrial Relations, either temporary or final, shall constitute a contempt of such tribunal in all cases where a similar failure to obey a similar order, decree or judgment of a district court would constitute a contempt of such tribunal, and upon application to the appropriate district court of the state shall be dealt with as would a similar contempt of the said district court.
Source
Laws 1947, c. 178, § 19, p. 593.
Annotations
Once an order is entered by the Commission of Industrial Relations, the rights of the parties are established, but a suit to enforce those rights must be brought in the district court; and, while an order of the commission, once sued upon, may bear prejudgment interest, the commission is not authorized to order payment of interest as part of its order. IBEW Local 763 v. Omaha P.P. Dist., 209 Neb. 335, 307 N.W.2d 795 (1981).
The Commission of Industrial Relations cannot enforce its own order, it must resort to the appropriate district court. University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).
To pass scrutiny of Constitution of the United States, Nebraska Court of Industrial Relations, in case within its jurisdiction, must be deemed to have sufficient power to fully vindicate, preserve, and protect a federal constitutional right. Teamsters Pub. Emp. U. Loc. 594 v. City of West Point, 338 F.Supp. 927 (D. Neb. 1972).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-819.01 - Commission; power to make findings and enter orders; when.

48-819.01.
Commission; power to make findings and enter orders; when.
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 such act, the commission shall have the power and authority to make such findings and to enter such temporary or permanent orders as the commission may find necessary to provide adequate remedies to the injured party or parties, to effectuate the public policy enunciated in section 48-802, and to resolve the dispute.
Source
Laws 1979, LB 444, § 8;
Laws 1986, LB 809, § 7.
Annotations
The Commission on Industrial Relations' issuance of cease and desist orders is the equivalent of the commission ordering a party to cease and desist violating provisions of the Industrial Relations Act. Such orders are appropriate and adequate remedies under this section and subsection (2) of section 48-825. Crete Ed. Assn. v. Saline Cty. Sch. Dist. No. 76-0002, 265 Neb. 8, 654 N.W.2d 166 (2002).
Under the facts presented in this case, the order of the Commission on Industrial Relations to post notices regarding the employer's violation of the Industrial Relations Act was not an appropriate and adequate remedy under this section and subsection (2) of section 48-825. Crete Ed. Assn. v. Saline Cty. Sch. Dist. No. 76-0002, 265 Neb. 8, 654 N.W.2d 166 (2002).
The Commission of Industrial Relations has the authority to allow interest on an award. IAFF Local 831 v. City of No. Platte, 215 Neb. 89, 337 N.W.2d 716 (1983).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-821 - Public service; interference; coercion; violation; penalty.

48-821.
Public service; interference; coercion; violation; penalty.
It shall be unlawful for any person:
(1) To hinder, delay, limit or suspend the continuity or efficiency of any governmental service or any governmental service in a proprietary capacity, or the service of any public utility, by lockout, strike, slowdown, or other work stoppage;
(2) To coerce, instigate, induce, conspire with, intimidate or encourage any person to participate in any lockout, strike, slowdown or other work stoppage, which would hinder, delay, limit or suspend the continuity or efficiency of any governmental service or governmental service in a proprietary capacity, or the service of any public utility; or
(3) To aid or assist any such lockout, strike, slowdown, or other work stoppage by giving direction or guidance in the conduct of any such lockout, strike, slowdown or other work stoppage or by providing funds for the conduct or direction thereof, or for the payment of strike, unemployment or other benefits to those participating therein.
Any person who willfully violates any of the provisions of this section shall be guilty of a Class I misdemeanor.
Source
Laws 1947, c. 178, § 21, p. 594;
Laws 1977, LB 40, § 298.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-822 - Employees; no requirement to work without consent.

48-822.
Employees; no requirement to work without consent.
No provision of the Industrial Relations Act shall be construed to require an employee to work without his or her consent, or to make illegal the quitting of his or her job or withdrawal from his or her place of employment unless done in concert or by agreement with others.
Source
Laws 1947, c. 178, § 22, p. 594;
Laws 1986, LB 809, § 8.