Opinion

School District of Seward Education Ass'n v. School District

  • 188 Neb. 772
  • 199 N.W.2d 752
  • 80 L.R.R.M. (BNA) 3393
  • 1972 Neb. LEXIS 909
Court
Nebraska Supreme Court
Filed
Jul 21, 1972
Status
Published
Author
Boslaugh
On the bench
Boslaugh, Clinton, McCown, MeCown, Newton, Smith, Spencer, White
Cited by
46 cases

class size, work schedules and transfers held not mandatory subjects

How later courts described this case

  • class size, work schedules and transfers held not mandatory subjects

Written by the judges who cited it.

The opinion

Boslaugh, J.;

concurring.

The question concerning the construction of Article XV, section 9, Constitution of Nebraska, raised in the dissenting opinion of Judge Newton, is not without force although not presented in any of the briefs filed in this case.

The section permits the enactment of laws relating to “controversies between employers and employees in any business or vocation affected with á public interest.” Although there can be disagreement as to what this language means, it would appear that the terms business or vocation were used in an alternative sense' and that legislation' relating to- controversies between employers and employees under this section is not limited to a business affected' with a públic interest.

The legislative construction of a constitutional pro *798 vision, although not controlling, should be given consideration, particularly in doubtful, cases and when deliberately made.

MeCown, J., joins in this concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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