48-819. Commission; orders; effect; contempt.
295 words·~1 min read·
/ne/chapter-48/48-819A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Orders, temporary or final, entered by the Commission of Industrial Relations shall be binding on all parties involved therein and shall be deemed to be of the same force and effect as like orders entered by a district court and shall be enforceable in appropriate proceedings in the courts of this state. Failure on the part of any person to obey any order, decree or judgment of the Commission of Industrial Relations, either temporary or final, shall constitute a contempt of such tribunal in all cases where a similar failure to obey a similar order, decree or judgment of a district court would constitute a contempt of such tribunal, and upon application to the appropriate district court of the state shall be dealt with as would a similar contempt of the said district court.
Once an order is entered by the Commission of Industrial Relations, the rights of the parties are established, but a suit to enforce those rights must be brought in the district court; and, while an order of the commission, once sued upon, may bear prejudgment interest, the commission is not authorized to order payment of interest as part of its order. IBEW Local 763 v. Omaha P.P. Dist., 209 Neb. 335, 307 N.W.2d 795 (1981).
The Commission of Industrial Relations cannot enforce its own order, it must resort to the appropriate district court. University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).
To pass scrutiny of Constitution of the United States, Nebraska Court of Industrial Relations, in case within its jurisdiction, must be deemed to have sufficient power to fully vindicate, preserve, and protect a federal constitutional right. Teamsters Pub. Emp. U. Loc. 594 v. City of West Point, 338 F.Supp. 927 (D. Neb. 1972).