ELMER
SALTZ, APPELLANT
V.
208
Filed
May 8, 1981, No. 43311
Commission of Industrial Relations:
Jurisdiction. The Commission of Industrial Relations' authority to resolve
disputes concerning terms, tenure, or conditions of employment is limited to
situations in which the parties have not yet reached agreement. Once an
agreement is reached and a subsequent breach is alleged to have occurred, the
parties are required to litigate their dispute in a competent court having
jurisdiction of the matter.
Appeal from the Commission of Industrial
Relations. Affirmed.
Theodore L. Kessner and Mark D. McGuire of
Crosby, Guenzel, Davis, Kessner & Kuester for appellant.
Jewell, Otte, Gatz, Collins & Domina for appellee.
Heard before KRIVOSHA, C.J., BOSLAUGH, MCCOWN,
CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.
CLINTON, J.
This is an
appeal from the Commission of Industrial Relations. The plaintiff, Elmer Saltz,
is a certificated teacher employed by the
The plaintiff
filed a petition with the Commission of Industrial Relations in which he sought
an order of the CIR finding that he was entitled to 1 day of paid personal leave
taken in accordance with the negotiated personal leave policy of the school
district, and for an order directing the school district to pay to the plaintiff
1/186th of his 1978-79 salary allegedly wrongfully withheld as a result of the
school district denying a day of paid personal leave. He also sought an order
directing the school district to remove from his personnel file a letter of
reprimand. Personal leave policy was governed by the terms of the negotiated
labor agreement.
The CIR
dismissed the action because it did not have jurisdiction under our holding in
Transport Workers of America v. Transit Auth. of City of Omaha, 205 Neb. 26, 286 N.W.2d 102 (1979). The plaintiff appeals to this court and
urges that Transport Workers of America be overruled. Among other arguments
made, the plaintiff points out that in the case of Minshull v. School Dist. of
Sutherland, 198 Neb. 418, 253 N.W.2d 45 (1977), this court affirmed a judgment of the CIR
involving a matter similar to that here involved and in principle the same. We
simply point out that in Minshull, no jurisdictional question or issue as to the
definition of industrial dispute was raised by the parties and that decision
preceded our decision in Transport Workers of America.
In Transport
Workers of America we held: "The Commission of Industrial Relations'
authority to resolve disputes concerning terms, tenure, or conditions of
employment is limited to situations in which the parties have not yet reached
agreement. Once an agreement is reached and a subsequent breach is alleged to
have occurred, the parties are required to litigate their dispute in a competent
court having jurisdiction of the matter." (Syllabus of the court.)
We adhere to
that holding. The order of the Commission of Industrial Relations dismissing the
plaintiff's petition is affirmed.
AFFIRMED.