State Codes and Statutes
Statutes > Nebraska > Chapter81 > 81-137481-1374. Transition of units and agents; how implemented; disclaimer.The transition of bargaining units and certified exclusive collective-bargaining agents existing prior to and on April 9, 1987, to those units prescribed in section 81-1373 and certified exclusive collective-bargaining agents shall be implemented as follows:(1)(a) When the employees in a bargaining unit or units existing prior to and on April 9, 1987, and represented by a single certified exclusive collective-bargaining agent comprise at least seventy percent of the employees to be included in a bargaining unit prescribed in section 81-1373 and there is no other collective-bargaining agent certified to represent any of the other employees who would be included in the new unit, the certified exclusive collective-bargaining agent for the existing unit or units shall be entitled to a certification by the commission for the new bargaining unit without the necessity of a representation election.(b) When the employees in two or more bargaining units existing prior to and on April 9, 1987, and represented by two or more certified exclusive collective-bargaining agents together comprise at least eighty percent of the employees to be included in a bargaining unit prescribed in section 81-1373, an election shall be held between the certified exclusive collective-bargaining agents for the existing units to determine which should be certified by the commission as the exclusive collective-bargaining agent for the new bargaining unit. The competing collective-bargaining agents shall be the only choices on the ballot.If either of the competing collective-bargaining agents disclaims an interest in certification for the new bargaining unit, the remaining collective-bargaining agent, if it represents a majority of the employees to be included in the new bargaining unit, shall be entitled to a certification by the commission for the new bargaining unit without the necessity of a representation election. The disclaimer shall be in writing submitted to the competing collective-bargaining agent and the division and filed with the commission.(c) When, on April 9, 1987, less than seventy percent of the employees to be included in a bargaining unit prescribed in section 81-1373 are represented by existing certified collective-bargaining agents, representation of employees in the new bargaining unit shall be determined pursuant to procedures prescribed in section 48-838 and any rules and regulations adopted and promulgated pursuant thereto by the commission, except that the commission shall recognize representation claims existing on April 9, 1987, when such claims are sufficient in number, as satisfying the requirements of subsection (3) of section 48-838 for requests in writing;(2) Any employee organization which prior to and on April 9, 1987, has been the exclusive collective-bargaining agent of any employees may disclaim any interest in representation of such employees. The disclaimer shall be in writing and submitted to the competing collective-bargaining agent and the division and filed with the commission. Any two or more organizations which prior to and on April 9, 1987, were exclusive collective-bargaining agents for any employees may combine, merge, or affiliate for purposes of representation of employees in a bargaining unit prescribed by section 81-1373;(3) The appropriate employer-representative for the State of Nebraska shall, upon receipt of a copy of the appropriate final certification order from the commission, recognize any employee organization's claim to certification as the exclusive collective-bargaining agent which is based upon this section;(4) The job classifications which compose each bargaining unit and, only for purposes of determining transition to new bargaining units as provided in this section, the number of employees within each job classification shall be found in the Appendix of the report entitled Nebraska State Government and Collective Bargaining, which report is on file with the Clerk of the Legislature on April 9, 1987. No job classification included within any bargaining unit shall be removed or reassigned from a unit until (a) two years after April 9, 1987, or (b) there is a certified exclusive collective-bargaining agent for the unit, whichever occurs first. After such period, adjustments in the job classifications which compose any bargaining unit prescribed in section 81-1373 shall comply with the Industrial Relations Act and any rule and regulation adopted and promulgated pursuant thereto; and(5) Except as otherwise provided in this section, procedures for determination of a certified exclusive collective-bargaining agent for any bargaining unit prescribed in section 81-1373 shall comply with section 48-838 and any rules and regulations adopted and promulgated pursuant thereto by the commission. SourceLaws 1987, LB 661, § 6; Laws 1992, Third Spec. Sess., LB 14, § 27. Cross ReferencesIndustrial Relations Act, see section 48-801.01.
