| GENERAL DRIVERS & HELPERS LOCAL | | | CASE NO. 882 |
| UNION NO. 554 affiliated with the | | | |
| INTERNATIONAL BROTHERHOOD OF | | | |
| TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN | | | |
| AND HELPERS OF AMERICA, | | | |
| AFL-CIO, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| v. | | | FINDINGS AND ORDER |
| | | ||
| DARLENE ROBERTSON, Scotts Bluff | | | |
| County Treasurer; and | | | |
| SCOTTS BLUFF COUNTY, NEBRASKA | | | |
| | | ||
| Respondents. | | |
Before: Judges Cullan, Flowers and McFarland
CULLAN, J:
NATURE OF PROCEEDINGS
A petition was filed by the General Drivers & Helpers Local Union No. 554 seeking to have the Commission resolve an industrial dispute pursuant to NEB. REV. STAT. § 48-818 (1993) for the seven individuals employed at the office of the Scotts Bluff County Treasurer ("Scotts Bluff"). The contract period in dispute is July 1, 1993 to June 30, 1994. The contested issues are array, step pay plan, compensation which includes minimum and maximum pay, sick leave, vacation, health insurance and life insurance.
ARRAY
Petitioner's proposed array consists of the County Treasurer offices in seven Nebraska counties: Adams County, Buffalo County, Dodge County, Hall County, Lincoln County, Madison County, and Platte County. Respondent's proposed array includes four of the same County Treasurer offices from Adams County, Buffalo County, Hall County, and Lincoln County. Respondent also proposed that the County Treasurer office from Dawson County, Nebraska be included in the array together with three other county offices in Scotts Bluff County: the County Clerk, the County Assessor and the Clerk of the District Court. Table 1 shows the population and distance from Scotts Bluff of the proposed comparables.
In selecting an appropriate array of employers for purposes of an action under NEB. REV. STAT § 48-818, the Commission considers evidence of the work, skills and working conditions of employees in the bargaining unit with that of workers performing the same or similar work, who exhibit like or similar skills under the same or similar working conditions. As stated in Lincoln County Sheriff's Association v. County of Lincoln, 216 Neb. 274, 278, 343 N.W.2d 735, 739 (1984), and quoted with approval in Douglas County Health Department Employees Association v. County of Douglas, 229 Neb. 301, 308, 427 N.W.2d 28, 35 (1988):
[T]he question is whether, as a matter of fact, the units selected for comparison are sufficiently similar and have enough like characteristics or qualities to make comparison appropriate.
In County of Douglas, the court stated further:
The CIR need not consider every conceivable comparable, but only has to consider a sufficient number in a representative array so that it can determine whether the wages paid or the benefits conferred are comparable.
As a general rule it may be said that factors most often used to determine comparability are geographic proximity, population, job descriptions, job skills, and job conditions.
Id.
A review of the statutory language and of the authorities applying the statutory mandate make it clear that the purpose of selecting an array is to enable the Commission to determine whether "the wages paid or benefits conferred are comparable." In selecting employment units for inclusion in the array all of the evidence is considered to determine an appropriate array for such purposes.
In this case the parties stipulated that the work, skills and working conditions of the four common employers are sufficiently similar to the Scotts Bluff County Treasurer's Office to satisfy the standards set forth in NEB. REV. STAT. § 48-818 (1993). The Commission therefore finds that the four common employers: The County Treasurer offices in Adams County, Buffalo County, Hall County, and Lincoln County are appropriate for inclusion in the array.
Evidence concerning the remaining three employers proposed by petitioner for inclusion in the array establishes that they are appropriate for comparison. Although on-site visits are not required, in this case they established that the work performed by workers in all three of these County Treasurer offices involve comparable, if not substantially identical, work, skills, and working conditions. All are located in counties of appropriate size and within sufficient geographical proximity to make comparison appropriate in this case. The Commission finds that the Treasurer offices in Dodge County, Madison County, and Platte County are appropriate for inclusion in the array.
Regarding the County Treasurer office in Dawson County, survey evidence offered at trial indicates comparability in terms of its size and proximity. Petitioner surveyed the Dawson County Treasurer's Office, but did not make a thorough on-site investigation because Petitoner's expert determined on the basis of preliminary inquires that the "job match was not very sufficient" for comparison purposes. Respondent made no on-site visit or other thorough investigation of the work, skills, and working conditions of the employees in Dawson County. We find that the evidence relating to Dawson County does not support its inclusion in the Commission's array.
The appropriateness of comparison of the other three county offices in Scotts Bluff County presents an interesting and unique issue not previously considered. Clearly considerations of size and proximity appear optimum for inclusion of these employment units in the array. Work and working conditions also appear to be sufficiently comparable for consideration. However, the Commission finds that it would not be appropriate in this case to include the other Scotts Bluff County offices in the array because doing so would not assist the Commission in determining whether "the wages paid or benefits conferred are comparable."
Comparison with other county offices in Scotts Bluff County is in a sense comparison of wages and working conditions within a single employer. While each Scotts Bluff County elected official has some independence in setting wages and fringe benefits for workers within their office, significant authority is actually being exercised by the Scotts Bluff County Board. For example, the County Board froze wages for all employees in the county for the fiscal year from July 1, 1993 to June 30, 1994. Thus wages paid to employees of the Scotts Bluff County Clerk, County Assessor and Clerk of the District Court for the relevant period are not reflective of labor market conditions and do not assist the Commission in a determination of comparable wages or benefits in this case.
The Commission finds that the most appropriate array for comparison in this case is the seven County Treasurer offices proposed by Petitioner. Thus, the Commission's array shall consist of the County Treasurer offices in Adams County, Buffalo County, Dodge County, Hall County, Lincoln County, Madison County, and Platte County.
WAGES AND STEP PAY PLAN
The comparable wages for bookkeeper and treasurer's representative are shown on Tables 2 and 3. The comparable wage for bookkeeper is $6.77 (minimum) and $9.18 (maximum). Table 3 indicates the comparable wage for treasurer's representative is $6.12 (minimum) and $8.22 (maximum). Scotts Bluff shall adjust its wages upward to reflect these wage figures.
The step pay plans of the array employers are provided on Table 4. A step pay plan as a plan that has a beginning or minimum wage and moves in increments, known as steps, to a maximum wage or end step. Four out of the seven array employers have a step pay plan. The Respondent's step pay plan is comparable. The Commission finds that Respondent should continue with such a step pay plan with nine steps taking eight years to progress from the minimum wage (step 1) to maximum wage (step 9). Advancement is based on both longevity and performance. An employee is considered for advancement on the anniversary date of their employment and is advanced if the employee has satisfactorily performed the minimum requirements of the job. Bargaining unit employees shall be advanced one step on the step pay plan for each year they have not had an unsatisfactory job performance evaluation.
FRINGE BENEFITS
The sick leave policies of the array employers are set out on Tables 5 and 6. Table 5 indicates that Scotts Bluff is comparable in providing twelve sick leave days per year, so no change is necessary. Usage of sick leave for family illness or funeral is moot since the contract year in dispute is over. For maximum accumulation of sick leave, Scotts Bluff allows 675 hours and the comparable amount is 545 hours.
Table 6 illustrates the policies of the array employers in providing sick leave conversion to cash upon resignation, dismissal, retirement or death. The policy at Scotts Bluff is to give the employee 25 percent of his or her sick leave upon resignation, dismissal, retirement or death. However, it is comparable to only provide conversion to cash upon retirement. Of the employers who provide conversion to cash upon retirement, the comparable amount is 50 percent.
Scotts Bluff shall continue to provide twelve sick leave days per year, shall reduce its maximum accumulation of sick leave to 545 hours and shall eliminate its policy of providing sick leave conversion to cash upon resignation, dismissal or death. Upon retirement, Scotts Bluff shall convert 50 percent of the retiring employee's accumulated sick leave to cash. Not included on either Table 5 or 6 is that none of the array employers give their employees cash or vacation at the end of the year for unused sick leave. Scotts Bluff is comparable, so no change is necessary.
Vacation allowance, or the number of vacation days employees are allowed to take each year, is moot. Vacation carryover occurs when employees are allowed to carry over unused vacation to the following year. Table 7 indicates that, although there is not a prevalent vacation carryover amount or policy, it is prevalent to provide some kind of carryover. Furthermore, it is prevalent to provide the carryover automatically and without supervisor approval. Scotts Bluff provides 5 days of vacation carryover, but it is subject to approval. Scotts Bluff shall continue to allow 5 days of vacation carryover, but shall no longer require approval. Not included on Table 7 is that none of the array employers give their employees cash at the end of the year for unused vacation. Scotts Bluff is comparable, so no change is necessary.
The amount of life insurance coverage, if any, provided to employees and their dependents is moot. The amount of the premium paid by the employer, however, is not moot. Table 8 indicates that it is prevalent for the employer to pay $3.50 toward the cost of employee life insurance. Scotts Bluff is above prevalent in the amount it pays for this fringe benefit and shall reduce the amount it pays to $3.50 per month per employee. It is also prevalent for the employer to not pay any of the premium for dependent life insurance. Scotts Bluff is comparable, so no change is necessary.
Comparison of the specific provisions of the health insurance plans provided by each employer is moot since the year in dispute is past. The amount of the premium paid by the employer, however, is not moot. Although the health insurance plans provided by the array employers are similar, there are some differences, such as the annual deductible and the maximum out-of-pocket expense. Three of the array employers have identical coverage to that provided by Scotts Bluff and they will be used to determine the comparable premium amount paid by the employer. Table 9 shows that it is prevalent for the employer to pay 100 percent of the premium for single coverage, 60 percent for employee and spouse coverage, and 55 percent for family coverage. Scotts Bluff shall increase the amount it pays for health insurance to reflect the above prevalent figures.
Other than as identified above, the overall compensation received by employees of the Scotts Bluff County Treasurer's office is comparable to the compensation provided by the employers in the array.
IT IS THEREFORE ORDERED THAT:
1. The Scotts Bluff County Treasurer's office shall pay a minimum of $6.77 and a maximum of $9.18 for the position of bookkeeper.
2. The Scotts Bluff County Treasurer's office shall pay a minimum of $6.12 and a maximum of $8.22 for the position of treasurer's representative.
3. The Scotts Bluff County Treasurer's office shall continue to provide a step pay plan with nine steps, that takes eight years to reach the maximum step and upon which employees advance based on longevity and performance. The employees shall be placed and advanced on the step pay plan as provided in this opinion.
4. The Scotts Bluff County Treasurer's office shall continue to provide twelve sick leave days per year, shall reduce its maximum accumulation of sick leave to 545 hours and shall eliminate its policy of providing sick leave conversion to cash upon resignation, dismissal or death. Upon retirement, Scotts Bluff shall convert 50 percent of the retiring employee's accumulated sick leave to cash.
5. The Scotts Bluff County Treasurer's office shall continue to allow 5 days of vacation carryover, but shall no longer require approval for such carryover.
6. The Scotts Bluff County Treasurer's office shall reduce the amount it pays for employee life insurance to $3.50 per month per employee.
7. The Scotts Bluff County Treasurer's office shall pay 100 percent of the health insurance premium for single coverage, 60 percent for employee and spouse coverage and 55 percent for family coverage.
All judges assigned to the panel in this case join in the
entry of this Findings and Order.
Entered March 13, 1995.
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