14 CIR 106 (2002) 

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

COLERIDGE  EDUCATION ASSOCIATION, an ) CASE NO. 1023
Unincorporated Association, )
)
                                  Petitioner, ) ORDER
         vs. )
)
CEDAR  COUNTY SCHOOL DISTRICT )
NO. 14-0541, A/K/A COLERIDGE COMMUNITY )
SCHOOLS, a Political Subdivision of the State )
of Nebraska, )
)
                                  Respondent. )

APPEARANCES:

For Petitioner: Mark D. McGuire
McGuire and Norby
605 South 14th Street
Suite 100
Lincoln, NE  68508
For Respondent: John F. Recknor
Recknor & Associates
2525 "N" Street
P. O. Box 30246
Lincoln, NE   68503

Before:  Judges Orr, Blake, and Council  

ORR, J.  

This matter came before the Commission upon the Petitioner’s Motion and Request for Preliminary Proceedings filed pursuant to the NEB. REV. STAT. § 48-816(1) and § 48-816.02. Petitioner was represented by its attorney, Mark D. McGuire, and Respondent was represented by its attorney, John F. Recknor. The Commission finds and orders as follows:

1. The 2001-02 teaching contracts of Coleridge teachers Mr. Jeff Bargen, Mr. Mike Finley, and Ms. Charlene Arens which are identified as Exhibits 1, 2 and 3 respectively, were offered and received into evidence.

2. The Commission takes judicial notice of its decision and findings in Case No. 1003 and further of the fact that the Order in that case was entered November 14, 2001.

3. In Case No. 1003, the Commission ordered that the proper placement of teachers Mr. Bargen and Mr. Finley was in the BA column, step 1 [index 1.00].

4. The Commission finds that for the 2001-02 contract year both Mr. Bargen and Mr. Finley were placed on the BA column, step 6 index 1.24. Ms. Arens is a first year teacher, 0.67 FTE, and was placed on the BA+9, step 8. Ms. Arens had ten years of prior teaching experience. By the last negotiated agreement of the parties, the maximum allowable prior experience was five years. Therefore, the appropriate placement of Ms. Arens should have been in the BA+9 column, fifth longevity step, index 1.20. The last agreement of the parties was offered and received into evidence as Exhibit 4.

5. For the reasons articulated in Commission’s decision in Case No. 1003, the current appropriate placement of Mr. Bargen and Mr. Finley is on the second longevity step, BA column index 1.04. The appropriate placement for contract year 2001-02 for Ms. Arens is BA+9, fifth longevity step, index 1.20.

6. The Commission orders that Mr. Bargen and Mr. Finley be placed for compensation purposes in the BA column, second longevity step, index 1.04. Ms. Arens is placed on the BA+9 column, fifth longevity step, index 1.20, however, nothing contained herein shall be construed as affecting the contractual relationships between these three teachers and the Respondent.

Entered February 8, 2002.