V.
235
Filed
July 13, 1990, No. 88-651
1. Commission of Industrial Relations: Appeal
and Error. In reviewing a Commission of Industrial Relations decision, the
Supreme Court considers whether the decision is supported by substantial
evidence, whether the commission acted within the scope of its statutory
authority, and whether the commission's action was arbitrary, capricious, or
unreasonable.
2. Administrative Law: Commission of
Industrial Relations: Jurisdiction. The Commission of Industrial Relations is an
administrative agency empowered to perform a legislative function and, as such,
has no power or authority other than that specifically conferred on it by
statute or by a construction thereof necessary to accomplish the purposes of the
act establishing the commission.
3. ______: ______: ______. The Commission of
Industrial Relations has no authority to vindicate constitutional rights, to
hear cases for breach of contract, or to declare rights, duties, and obligations
of the parties.
4. Commission of Industrial Relations: Words
and Phrases. An industrial dispute is any controversy concerning terms, tenure,
or conditions of employment, or concerning the association or representation of
persons in negotiating, fixing, maintaining, changing, or seeking to arrange
terms or conditions of employment, or refusal to discuss terms or conditions of
employment.
5. ______: ______. A mere request by a union
for information regarding employee transfer lists and test results which is
declined by the employer does not constitute an industrial dispute.
Appeal from the
Thomas F. Dowd, of Thomas F. Dowd &
Associates, for appellant.
Herbert M. Fitle, Omaha City Attorney, and
Kent N. Whinnery for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE,
SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
FAHRNBRUCH, J.
Nebraska
Public Employees, Local No. 251, American Federation of State, County and
Municipal Employees, AFL-CIO (the union), the collective bargaining
representative of some employees of the City of Omaha (Omaha), appeals an order
of the Nebraska Commission of Industrial Relations (CIR) denying its request for
test results of Omaha's employees in its bargaining unit.
Because the
allegations in the union's petition do not set forth an "[i]ndustrial
dispute" within the meaning of Neb.
Rev. Stat.
§ 48-801(7) (Reissue 1988), the CIR lacked subject matter jurisdiction to rule
on the union's petition. We dismiss, and remand this cause with directions to
dismiss the petition.
"In
reviewing a decision of the CIR, this court will consider whether the decision
is supported by substantial evidence, whether the CIR acted within the scope of
its statutory authority, and whether its action was arbitrary, capricious, or
unreasonable." (Emphasis supplied.) Douglas Cty. Health Dept. Emp. Assn.
v. Douglas Cty., 229 Neb. 301, 304, 427 N.W.2d 28, 33 (1988).
On February 4,
1988, the union, by letter, asked
The union did
not attempt further communication with
The CIR is an
administrative agency empowered to perform a legislative function and, as such,
has no power or authority other than that specifically conferred on it by
statute or by a construction thereof necessary to accomplish the purposes of the
act establishing the commission. Wood v. Tesch, 222 Neb. 654, 386 N.W.2d
436 (1986), overruled on other grounds, Landon v. Pettijohn, 231 Neb. 837,
438 N.W.2d 757 (1989). The CIR has no authority to vindicate constitutional
rights, to hear cases for breach of contract, or to declare rights, duties, and
obligations of the parties.
Neb. Rev. Stat.
§ 48-810 (Reissue 1988) provides that "industrial disputes involving
governmental service . . . shall be settled by invoking the jurisdiction of the
Commission of Industrial Relations." (Emphasis supplied.) Section 48-801(7)
defines "[i]ndustrial dispute" as "any controversy concerning
terms, tenure, or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of employment, or refusal to discuss
terms or conditions of employment."
In this
matter, the union merely made a general request for employee transfer lists and
testing results, citing its need to fulfill its obligation as collective
bargaining representative. The petition did not allege that this information
related to a controversy involving terms and conditions of employment. A mere
request by a union for information regarding employee transfer lists and test
results which is declined by the employer does not constitute an industrial
dispute. Thus, neither the CIR nor this court has subject matter jurisdiction
over the matter contained in the union's petition. See Wood v. Tesch, supra.
Accordingly,
the union's appeal to this court is dismissed, and the cause is remanded to the
CIR with directions to dismiss the union's petition.
APPEAL DISMISSED, AND CAUSE REMANDED WITH
DIRECTIONS.