13 CIR 230 (1999). Also see 13 CIR 202 (1999).
| GENERAL DRIVERS & HELPERS, | ) | CASE NO. 956 |
| UNION, LOCAL NO. 554, affiliated | ) | |
| with the INTERNATIONAL | ) | |
| BROTHERHOOD OF TEAMSTERS, | ) | |
| CHAUFFEURS, WAREHOUSEMEN | ) | |
| AND HELPERS OF AMERICA, An | ) | |
| International Union, | ) | |
| Petitioner, | ) | |
| v. | ) | FINAL ORDER |
| ) | ||
| COUNTY OF DOUGLAS, NEBRASKA, | ) | |
| and MICHAEL BOYLE, GEORGE R. | ) | |
| MILLS, CAROLE WOODS HARRIS, | ) | |
| KYLE HUTCHINGS, CAROL McBRIDE- | ) | |
| PIRSCH, MARY ANN BORGESON, and | ) | |
| CLARE DUDA, Douglas County | ) | |
| Commissioners, and THOMAS DOYLE | ) | |
| County Engineer, | ) | |
| Respondents. | ) |
| For the Petitioner: | Mr. Michael H. Weinberg |
| 9290 West Dodge Road, Ste. 205 | |
| Omaha, NE 68114 | |
| For the Respondents: | Mr. Soren S. Jensen |
| 10330 Regency Parkway Drive | |
| Omaha, NE 68114 |
Before Judges Anderson, DeLay and Orr.
ANDERSON, J:
This matter comes before the Commission upon Petitioner's requests for a post-trial conference, filed April 6, 1999 and April 7, 1999.
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 after having heard the matter in a conference setting in which all parties are represented."
A post-trial conference hearing was held via telephone conference call before G. Roderic Anderson, hearing judge, on April 14, 1999. Arguments were heard regarding pensions, working-out-of-grade pay, and standby pay. The Commission having been fully advised in the premises and having reviewed the Findings and Order and the evidence presented in this case HEREBY ORDERS the following corrections shall be made to the Findings and Order dated April 2, 1999, so that the decision will properly reflect the evidence:
1. The sentence on page 7 following "9) Standby Pay (Table 14)" shall be deleted, and the following shall be inserted: "Respondent is above prevalent in having a standby pay policy. Respondent shall eliminate its standby policy to conform with the prevalent practice."
2. The paragraph numbered (11) on page 8 shall be deleted, and the following shall be inserted, "Respondent shall eliminate its standby pay practice."
3. In paragraph number (12) on page 8, the words "and standby payments" shall be deleted. Standby payments already received for standby duty shall not be included in any offset.
4. In Table 13, page 29, note (d), the phrase "Kent Co." shall be changed to "Ramsey Co."
5. In Table 14, page 30, Polk Co.'s description of the policy shall be changed from "100% of base for each hour" to "10% of base for each hour."
6. In Table 14, page 30, note (b), the term "nor" in the second sentence shall be changed to "not," so that the sentence reads in pertinent part, "if the employee is not notified not to report to work on the next workday."
All portions of the Findings and Order not specifically altered above
shall remain unchanged and in full effect.
All judges assigned to the panel in this case join in the entry of this Final Order.
Entered April 19, 1999.