|INTERNATIONAL ASSOCIATION OF|||||CASE NO. 829|
|FIREFIGHTERS, LOCAL NO. 1575,||||
|THE CITY OF COLUMBUS, NEBRASKA,||||
For the Petitioner: John Fahey
Broom, Johnson, Fahey & Clarkson
1722 St. Mary's Avenue
310 Flatiron Building
Omaha, Nebraska 68102
For the Respondent: Neal Stenberg
Harding & Ogborn
500 The Atrium
1200 "N" Street
Lincoln, NE 68501-2028
Before: Judges Flowers, Orr, and F. Moore
This matter comes before the Commission upon the requests for posttrial conference filed by petitioner and respondent on May 27 and May 28, 1992. Posttrial conferences are authorized pursuant to Neb. Rev. Stat. § 48-816(7)(d) (1988) for the purpose of allowing the parties to present to the Commission those portions of the findings and order which the parties allege are not based upon or which mischaracterize evidence in the record and to allow the Commission to correct any such errors.
Petitioner and respondent raised several issues at the posttrial conference hearing. Petitioner argued that the Commission erred in the method it used to determine the fire fighters' actual rate of pay. Respondent claimed that the Commission erred in making its order retroactive to August 1, 1992, in its computation of the percentage of single and family health insurance premiums to be paid by Columbus, in stating "Days of Vacation" in the order instead of "Hours of Vacation" and in requiring the city of Columbus to provide health insurance to retired employees.
The Commission, after considering the issues raised by the parties and the arguments in support thereof, finds that the Findings and Order dated May 18, 1992 shall remain unchanged except for the following: The Commission agrees with respondent that the numbers in the table in the order section of the Findings and Order represent hours and not days of vacation. In addition, the Commission withdraws from its Findings and Order, any and all language regarding the issue of health insurance for retired employees. Health insurance was an issue petitioner raised for trial. Petitioner acknowledged that it did not intend to make an issue of health insurance for retired employees.
IT IS THEREFORE ORDERED THAT the Findings and Order dated May 18, 1992 in the above-captioned case shall be modified as follows:
1. The paragraph numbered "2." in the order section is amended so that it states:
The vacation accumulation rate shall be as follows:
|Yrs. of Employment||Hours of Vacation|
|After 1 Yr.||109|
|After 5 Yrs.||131|
|After 10 Yrs.||174|
|After 15 Yrs.||182|
|After 20 Yrs.||230|
2. The last paragraph in the fringe benefit section beginning with the words "Table 12" and ending with "insurance." shall be deleted.
3. The paragraph numbered "7." in the order section shall be deleted.
4. Table 12 shall be deleted.
All judges assigned to the panel in this case join in the entry of this Final Order.
Entered June 15, 1992.