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IBEW LOCAL 763 v. OMAHA PUB. POWER DIST.

No. S-10-025.

791 N.W.2d 310 (2010)

280 Neb. 889

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 763 and International Brotherhood of Electrical Workers Local 1483, appellants, v. OMAHA PUBLIC POWER DISTRICT, appellee.

Supreme Court of Nebraska.

December 3, 2010.

Attorney(s) appearing for the Case

Robert E. O'Connor, Jr. , Omaha, for appellants.

Robert F. Rossiter, Jr. , and Cristin McGarry Berkhausen , of Fraser Stryker, P.C., L.L.O., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

International Brotherhood of Electrical Workers Locals 763 and 1483 (collectively IBEW) filed a prohibited practices complaint against Omaha Public Power District (OPPD) on July 7, 2009. The complaint alleged that OPPD's implementation of its "Tobacco-Free Worksite" policy (the Policy) to each existing IBEW collective bargaining agreement (CBA) was a "prohibited practice" under Neb.Rev.Stat. § 48-824(1) and (2)(a), (b),...

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