12 CIR 309 (1997). (Other cites include 12 CIR 211, 12 CIR 221 (1996) and 12 CIR 248 (1997). Affirmed 253 Neb. 837, 572 N.W.2d 369 (1998).


Petitioner, )
v. )
Respondent. )


For the Petitioner: John P. Fahey

Dowd, Dowd & Fahey

1905 Harney Street, Suite 620

Omaha, Nebraska 68102

For the Respondent:William A. Harding

Harding, Schultz & Downs

800 Lincoln Square

121 S. 13th Street

Lincoln, Nebraska 68501-2028

Donald W. Taute

City of Lincoln

555 South 10th Street

Lincoln, Nebraska 68508

Before: Judges Moore, McFarland, Cullan, DeLay, and Anderson. EN BANC.


This matter comes before the Commission upon the Petitioner's Request For Post-Trial Conference, filed February 3, 1997, and the Respondent's Reply to Request For Post-Trial Conference, filed February 4, 1997.

Post-trial conferences are authorized pursuant to Neb. Rev. Stat. ยง 48-816(7)(d) for the purpose of allowing the Commission "to hear from the parties on those portions of the recommended decision and order which is not based upon or which mischaracterizes evidence in the record and to allow the commission to correct any such errors. . . ."

A post-trial conference was held before the Honorable Frankie J. Moore on February 10, 1997, at which time arguments were heard. The Petitioner was represented by John Fahey, and the Respondent was represented by Bill Harding and Don Taute.

The Commission finds that the Findings and Order dated January 24, 1997 shall be amended as follows:

1. The paragraph numbered "31" in the Order section shall state:

Any additional compensation due to an employee for wages, longevity pay, call back/in pay, clothing allowance, tuition reimbursement, overtime pay (paid leave counted as time worked for overtime calculations), and dental insurance shall be offset by all overpayments received by that employee during the year in dispute for wages, working out of class pay, higher education pay, court pay, stand by pay, specialty pay, mileage paid for reassignment during shift, replacement of watches and hearing aids, annual physicals and health insurance premiums. The Respondent shall calculate the offset on an individual employee basis. The employee reimbursement shall not exceed the amount of compensation owed to the employee from the Respondent.

2. The paragraph numbered "9" in the Order section shall state:

Respondent shall place each bargaining unit member on the appropriate pay line set forth herein. Such initial placement shall credit an employee with his or her years of service in their current job classification as of September 1, 1995 for each year the employee has received a satisfactory job performance evaluation (71 or above) in the classification. No credit for such years of service shall be given for any year the employee has received an unsatisfactory job performance evaluation (70 or below) in that classification. To be eligible for such credit an employee must have also satisfied previously established testing requirements, where applicable.

3. Pursuant to a stipulation of the parties, the paragraph numbered "13" in the Order section shall state:

Bureau employees shall work 5.5 consecutive hours, and suppression employees shall work 9 consecutive hours, in a higher classification before receiving the higher classification rate of pay. The Respondent shall eliminate its policy of an automatic chain reaction "bump up" of the shift.

4. The second sentence on page 14 shall state:

The Respondent is above prevalent since it pays its employees a minimum of 3 hours pay for court duty.

5. The paragraph numbered "11" in the Order section shall state:

Pursuant to a stipulation of the parties, in the event a Firefighter is promoted to Fire Apparatus Operator (FAO), the individual in question shall be placed on the FAO pay line on the next higher step above their pay for Firefighter.

6. On page 28, the Commission erroneously numbered two paragraphs as number "26," so the second paragraph numbered "26" shall be renumbered "27."

All other requests to amend the Findings and Order are denied.

Entered February 20, 1997.