12 CIR 334 (1997).

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

MCFARLAND,J:

This matter came before the Commission upon the Petition filed by the Petitioner, Millard Education Association, against the Respondent, Douglas County School Dist. No. 28-0017 a/k/a Millard Public Schools, on February 17, 1997. A hearing was held on Monday, February 21, 1997, upon Petitioner's request for temporary relief under the Industrial Relations Act. Petitioner requested temporary relief in the form of an order to require good faith bargaining concerning health insurance benefits and coverage and to preserve the status quo. Specifically, Petitioner requested "that the School District refrain from entering into a contract of insurance with any health insurance carrier until such time as the Petitioner and Respondent have fully and in good faith negotiated all issues associated with health insurance and have reached agreement with respect to Health insurance issues or otherwise resolve the dispute... and that the School District be ordered to negotiate with the Association all issues regarding group health insurance."

Petitioner was represented by its attorney, Mark D. McGuire; Respondent was represented by its attorney, Duncan A. Young. At the time of hearing, Respondent filed its Special Appearance and a Motion to Quash Hearing, along with a Request for Findings of Fact and Conclusions of Law. Arguments on the Special Appearance and Motion to Quash Hearing were heard. The Commission overruled the Special Appearance and said Motion.

FINDINGS OF FACT

Both parties stipulated to paragraphs #1 through #3 of the Petition. The Commission finds that the Millard Education Association (herein the "Association") was formed by the teachers employed by Douglas County School District No. 28-0017, Nebraska, a.k.a. Millard Public Schools, (herein "the School District") for the purpose of representation of said teachers in all matters of employment relations. The Association is a "labor organization" as that term is defined by Neb. Rev. Stat. §48-801(6) (Reissue 1993), and has its usual place of conducting its activity in Omaha, Nebraska. The School District is a Class III school district organized and existing under and by virtue of the laws of the State of Nebraska, and is an "employer" as that term is defined by Neb. Rev. Stat. §48-801(4) (Reissue 1993).

From the evidence presented the Commission further finds that an "industrial dispute" exists between the Association and the School District. On January 13, 1997, the school district, through Diana Faust, President of the Board of Education, requested that the Petitioner enter into contract negotiations. The parties on February 6, 1997, began negotiations for a labor contract for the 1997-98 school year. These negotiations were again held on February 12, 1997. With regard to health insurance, the Association took the position that it did not want any changes regarding the coverage and benefits. The Association further took the position that it did not want any changes in the identity of the current health insurance carrier, Blue Cross/Blue Shield. The school district took the position that it was willing to discuss any changes regarding changes and benefits but it did not want to discuss the identity of the health insurance carrier or the ownership of the policy. The 1996-97 contract between the parties specified in Article III, Paragraph #5, that the district would provide full time teachers with insurance coverage and benefits comparable to that provided during the 1995-96 school year. There was no indication in the 1996-97 contract with regard to the identify of the insurance carrier.

Previously, in approximately May of 1996, the school district had employed Arthur Anderson and Associates as a consulting firm for its insurance carrier search and selection process. Scott Blackard was employed as the certified employment benefits representative of Arthur Anderson and Associates for this process. After soliciting bids to provide to the school district the same health insurance coverage and benefits as currently being provided under the 1996-97 contract between the parties, Arthur Anderson and Associates issued to the district on January 27, 1997, an "Evaluation of Proposals to Insure the Medical and Dental Plans of Millard Public Schools". This Evaluation concluded that health insurance, both medical and dental, through United Health Care (Medical) and MetLife (Dental) for the 1997-98 school year would provide identical coverage and benefits at a cost savings to the school district of $594,103.

On February 3, 1997, the Association, through its president, Stephanie Harlan, requested from the district documents submitted from United Health Care concerning the complete bidding document, the actual proposed contract documents, the proposed certificates of coverage, and the utilization management procedures and criteria. The district provided its response to the request within a reasonable time thereafter.

On February 13, 1997, the school district, through Ken Fossen, Associate Superintendent, notified staff that the Board of Education for the school district would be considering the issue of changing the district's health and dental insurance carriers on its next board meeting, February 17, 1997.

SCOPE OF REVIEW

Section 48-811 provides that:

...No adverse action by threat or harassment shall be taken against any employee because of any petition filing by such employee, and the employment status of such employee shall not be altered in any way pending disposition of the petition by the commission.

Section 48-816(1) provides:

...The commission shall have power and authority upon its own initiative or upon request of a party to the dispute to make such temporary findings and orders as may be necessary to preserve and protect the status of the parties, property, and public interest involved pending final determination of the issues.

The Commission stated in Omaha Police Union Local 101 v. City of Omaha, 11 CIR 86 (1991) as follows:

The Supreme Court has interpreted these statutes and held that together they give the Commission the authority to issue temporary orders restraining the employer from changing terms and conditions of employment during the pendency of a dispute, Transport Workers v. Transit Authority of Omaha, 216 Neb. 455, 344 .W.2d 459 (1984). This statutory grant of authority is, however, limited in nature and can not be used or abused to give either party more rights than they had at the time of the filing of the petition.

CONCLUSIONS OF LAW

The questions before the Commission are: 1) whether the school district has failed or refused to bargain in good faith concerning health insurance coverage and benefits; 2) whether the proposed entry into a contract for health insurance coverage with United Health Care would alter in any way the employment status of any association member; 3) whether such proposed contract would not preserve and protect the status of the parties, property, and public interest; and 4) whether such proposed contract would change the terms and conditions of employment for association members during the pendency of this dispute. The party requesting temporary relief has the burden of proving that such relief should be granted.

There has been no sufficient showing by the Petitioner that the Respondent has failed or refused to bargain in good faith regarding health insurance coverage and benefits. Regardless of whether or not the district enters into a contract with United Health Care, the district remains willing to negotiate terms and conditions of the coverage and benefits of such health insurance different from such coverage and benefits currently being provided. In fact, there has been no showing by Petitioner that the district would necessarily be prevented from negotiating health insurance coverage and benefits with another carrier.

The Commission concludes that the school district has not refused to bargain in good faith concerning health insurance coverage and benefits. The district has indicated its willingness to negotiate concerning the coverage and benefits of the health insurance. Even if the school district enters into a contract with United Health Care for such health insurance coverage and benefits, which is not only the same but is identical to the coverage and benefits now being provided by Blue Cross/Blue Shield, the school district remains open to negotiating different coverage and benefits if requested to do so by the association.

Furthermore, there has been no sufficient showing by the Petitioner that entry into a contract for health insurance coverage and benefits with United Health Care would alter the employment status of any association member, would not preserve and protect the status of the parties, or would change the terms and conditions of employment for association members. There has been no showing by the Petitioner that the benefits and coverage under United Health Care will be in any way different from the benefits and coverage being provided currently by Blue Cross/Blue Shield. The evidence showed that the benefits and coverage with United Health Care would be the same as and identical to the coverage and benefits currently being provided by Blue Cross/Blue Shield.

The Commission concludes that, if the district enters into the contract with United Health Care for such coverage and benefits, the employment status of any association member will not be altered in any way; the status of the parties, property, and public interest will be preserved and protected; and the terms and conditions of employment of association members will not be changed. The benefits and coverage of the health insurance from United Health Care are the same as and are identical to the benefits and coverage being provided currently by Blue Cross/Blue Shield.

IT IS, THEREFORE, ORDERED that the Petitioner's request for temporary relief in the form of an order to require good faith bargaining concerning health insurance benefits and coverage, and Petitioner's request for temporary relief in the form of an order to preserve the status quo are denied.

Entered February 17, 1997.