Service Empl. Internat. v. Douglas Cty. Sch. Dist.
286 Neb. 755
| Neb. | 2013Background
- Local 226 (AFL-CIO) is the certified bargaining agent for three District units and challenged the District’s vacation accrual changes.
- The District amended section 4.21 of its Policies and Regulations to convert vacation from a lump-sum grant to accrual throughout the year, effective August 1, 2011.
- Notice of the changes was given to Local 226 in February–March 2011, and the District adopted the changes on May 16, 2011; Local 226 did not attend the May 16 board meeting to oppose.
- Negotiations for the 2011-12 CBAs occurred from early 2011 through the summer; Local 226 did not propose changes to the new vacation accrual policy in those negotiations.
- Local 226 filed CIR petitions in January 2012 alleging a prohibited practice for failure to bargain; CIR concluded waiver applied and dismissed the petitions; Local 226 appealed and District cross-appealed; the Nebraska Supreme Court affirmed the CIR.
- The Court held that the District’s unilateral change was permissible only if the three impasse conditions were met; it concluded Local 226 waived its right to bargain by not requesting negotiations after notice, and affirmed the CIR’s decision denying a prohibited-practice finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District violated §48-824(1) by unilateral vacation accrual policy changes | Local 226 asserts a prohibited-practice for failure to bargain | District argues it acted within authority and that waiver occurred | No; waiver found; no prohibited practice |
| Whether Local 226 waived its right to bargain over vacation accrual | Local 226 did request bargaining or should not be deemed to have waived | District shows Local 226 had notice and failed to timely request bargaining | Yes; Local 226 waived by failing to request negotiations after notice |
Key Cases Cited
- Scottsbluff Police Officers Assn. v. City of Scottsbluff, 282 Neb. 676 (Neb. 2011) (mandatory subjects include vacation; three impasse conditions for unilateral changes)
- Douglas Cty. Health Ctr. Sec. Union v. Douglas Cty., 284 Neb. 109 (Neb. 2012) (employer duty to bargain over terms of employment and evidence weighing)
- Hogelin v. City of Columbus, 274 Neb. 453 (Neb. 2007) (waiver and burden on employer to show clear waiver)