Nebraska Protective Services Unit, Inc., doing business as Fraternal Order of Police Lodge #88 v. State of Nebraska and Nebraska Association of Public Employees, Local 61 of the American Federation of State, County and Municipal Employees (NAPE/AFSCME)

Summary

The Nebraska Supreme Court affirmed the Commission of Industrial Relations' dismissal of a decertification petition filed by Nebraska Protective Services Unit, Inc. The court held that the petition was untimely under Commission rule 9(II)(C)(1), which required a public employee bargaining unit to file during the period preceding the statutorily required bargaining period when that period occurred earlier than the agreement-termination period.

Holdings

1. Rule 9(II)(C)(1) permits filing within one of the two stated periods, but the phrase 'whichever is earlier' limits a particular party to the period that occurs earlier under the circumstances applicable to that party.
2. Public employee bargaining units subject to the State Employees Collective Bargaining Act must file a decertification petition during the period preceding commencement of the statutorily required bargaining period in Neb. Rev. Stat. § 81-1379. NPSU's petition was time barred, so the CIR properly denied an election and dismissed the petition.

Questions Presented

1. Whether NPSU timely filed its petition for decertification and certification under Rule 9(II)(C)(1) of the Rules of the Nebraska Commission of Industrial Relations.
2. Whether the CIR erred by refusing to order an election.
3. Whether the CIR erred by dismissing NPSU's petition.

Disposition

affirmed