13 CIR 157 (1998). Appeal dismissed April 26, 1999.
|NEBRASKA PUBLIC EMPLOYEES||)||CASE NO. 938|
|LOCAL UNION 251 affiliated||)|
|with THE AMERICAN FEDERATION||)|
|OF STATE, COUNTY, AND||)|
|MUNICIPAL EMPLOYEES, An||)||FINAL ORDER|
|COUNTY OF YORK, NEBRASKA,||)|
|For the Petitioner:||M. H. Weinberg|
|9290 West Dodge Road|
|Omaha, NE 68114|
|For the Respondent:||Jerry L. Pigsley|
|800 Lincoln Square|
|121 S. 13th Street|
|Lincoln, NE 68508|
Before: Judges Anderson, Cullan and Moore
This matter comes before the Commission upon the Petitioner's requests for post-trial conference, filed March 13, 1998 and March 16, 1998.
Post-trial conferences are authorized pursuant to Neb. Rev. Stat. § 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 after having heard the matter in a conference setting in which all parties are represented."
A post-trial conference hearing was held before G. Roderic Anderson, hearing judge, on March 17, 1998.
Pursuant to the parties' stipulation, the Commission finds that the Findings and Order dated March 11, 1998 shall be amended as follows:
1.The last two sentences of the second paragraph under the heading "B. Pay Rates" shall be stricken and the following language shall be substituted:
For all other non-probationary Road Crew employees who are being paid somewhere between the minimum and maximum points in the range, Respondent shall calculate the new wage based on the employee's relative position within the current wage range. For example, the employee's position within the old range is determined as a percentage, then that percentage is multiplied by the new range ($1.16) to determine the amount which will be added to the minimum of the new range ($9.18) to reach the employee's new hourly rate of pay.
2.The paragraph numbered "2" in the Order section shall be stricken and the following language shall be substituted:
York County shall pay each Road Crew employee an hourly rate within a range of $9.18 to $10.34 per hour in the same relative proportion to the wage range as that employee's present wage bears to the present wage range so as to maintain the same percentile with regard to the new pay range. York County shall pay each Road Crew employee the hourly rate identified as prevalent on Table 17.
3.Table 17 shall be added and state as follows:
EDITOR'S NOTE: TABLE HERE IS DELETED.
(a) These individual wage placements for a pay range system were extrapolated based upon the following formula. This formula is only for placement on a line where there is not a prevalent practice of movement along that line.
Formula: (CW - CM)/CD = R....(R×MD) + MM = MW
Key for formula:CW = current wage
CM = current minimum
CD = current distance
R = relationship
MD = market distance
MM = market minimum
MW = market wage
4.Table 16, Items Provided or Allowances, shall be amended as follows: the mode for safety equipment and tools shall be corrected by deleting "no" and substituting "yes".
All judges assigned to the panel in this case join in the entry of this Final Order.
Entered March 24, 1998.