16 CIR 276 (2009)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

 Entered March 24, 2009.

APPEARANCES:

Before:  Commissioners Lindahl, Orr, and Burger

LINDAHL, C.

 NATURE OF THE PROCEEDINGS:

            Educational Service Unit No. 15 Education Association (hereinafter “Petitioner” or “Association”) filed a wage petition on January 12, 2009, seeking resolution of an industrial dispute for the 2008-09 contract year.  As more fully discussed hereafter, the Association is a labor organization as that term is defined by Neb. Rev. Stat. §48-801(6) formed by the non-administrative certificated employees employed by Educational Service Unit No. 15 of the State of Nebraska (hereinafter “Respondent” or “ESU #15”) for purposes of representation in matters of employment relations.  ESU #15 is a political subdivision of the State of Nebraska and is governed by the Educational Service Units Act, Neb. Rev. Stat. §§79-1201 et seq. (Reissue 2008).

            The Commission of Industrial Relations (hereinafter “Commission”) held a trial on March 18, 2009.  The issues presented at trial included base salary, employer contribution to health insurance benefits, and the status and standing of the Association as certified collective bargaining agent for the certified bargaining unit.

JURISDICTION: 

            The Commission has jurisdiction over the parties and subject matter of this action pursuant to Neb. Rev. Stat. §48-818 (Reissue 2008) which provides in part:

… the Commission of Industrial Relations shall establish rates of pay and conditions of employment which are comparable to the prevalent wage rates paid and conditions of employment maintained for the same or similar work of workers exhibiting like or similar skills under the same or similar work conditions… 

CERTIFICATION OF BARGAINING UNIT AND AGENT:

            The evidence at trial indicated that the certification of the petitioner as bargaining agent and the configuration of the bargaining unit led to an impasse in negotiations going forward.  Received into evidence were certified orders of the Commission establishing the certification of the Association as bargaining agent and the bargaining unit as defined.  Included was the order of the Commission in Educational Service Unit No.15 Education Association v. Educational Service Unit No. 15 of the State of Nebraska, reported as Case No. 269 and reported at 3 CIR 548 (1978) and its subsequent Certification Order entered in Case No., Rep. Doc. No. 88, dated December 14, 1978. 

             The Commission finds that an underlying issue in this case has been and continues to be the status of the Petitioner as certified collective bargaining agent for the certified bargaining unit, as previously designated by the Commission.  The Commission finds that the Association is the duly certified collective bargaining agent for the bargaining unit defined as:  “All certificated teachers, nurses and therapists, including special education teachers, employed by Educational Service Unit No. 15 of the State of Nebraska, excluding artists in residence, administrative and supervisory employees, and office clerical employees.”

            The Commission further finds that the Association has since December 14, 1978, and continuously thereafter been the duly certified collective bargaining agent for the bargaining unit members at ESU #15 and said status continues until further agreement of the parties or upon an order of decertification having been entered by the Commission in strict compliance with Nebraska statutes and the rules of the Commission, specifically CIR Rules 9 and 10.  The ESU #15 is hereby reminded of its obligation pursuant to Neb. Rev. Stat. §48-824(2)(e) to bargain in good faith with the Association on all mandatory topics of negotiations.

ARRAY:

             The Association proposes 13 educational service units for its array.  The ESU #15 offered no additional institutions.

            In determining a proper array, the parties agreed that the work, skills, and working conditions of ESU #15 teachers are sufficiently similar for comparison under Neb. Rev. Stat. §48-818 (Reissue 2008) as to all of the common and non-contested array members. 

            The Commission has held that if potential array members share similar work, skills, and working conditions, the Commission will include all of the employers submitted in the array unless there is specific evidence that to do so would be otherwise inappropriate or would make the array unmanageable.  Geneva Educ. Ass’n v. Filmore County School Dist. No. 0075, 11 CIR 38 (1990); Lynch Educ. Ass’n v. Boyd County School Dist. No. 0036, 11 CIR 25 (1990); Winside Educ. Ass’n v. Winside Pub. Sch., 15 CIR 346, 347-48 (2007).  Even in such cases, the Commission does not disregard the size and geographic guidelines.  See, Id.  The Commission need not consider every conceivable comparable, but only “a sufficient number in a representative array so that it can determine whether the wages paid or the benefits conferred are comparable.”  Nebraska Pub. Employees Local Union 251 v. County of York, 13 CIR 157 (1998).

            In the instant case, the Petitioner included all educational service units in the State of Nebraska other than Educational Service Units No.3, No. 18, and No. 19.  ESU No. 3 located in West Omaha and ESU No. 18 located in Lincoln, and ESU No. 19 located in Omaha tend to have somewhat different working conditions due to the suburban nature of their location.  The parties agree that ESUs 3, 18, and 19 should not be included in the array in this case.  The ESUs thus constituting the array in this case are ESU No.s 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 13, 16, and 17.  [There is no ESU No. 12.]

COMPARABLE BASE SALARY: 

            Placement of the ESU #15 certificated employees on the salary schedules of the compared-to 13 array ESUs generates a base salary of $27,605.  Table 1 sets forth the relevant information for determining the appropriate base salary.  The midpoint of total compensation is $607,796 minus the cost of fringe benefits of $121,238 equals $486,558 which when divided by the total staff index factor of 17.6260 equals a base salary of $27,605 for the 2008-09 school year.  

HEALTH INSURANCE: 

            Petitioner requests that the Commission order the Respondent to pay for the full insurance premium, starting retroactively on September 1, 2008.  It is prevalent for the Respondent to pay for the full insurance premium for EHA $300 deductible health and accident insurance for teachers electing dependant or individual coverage.  Therefore, the Commission orders the Respondent to pay the full insurance premium for EHA $300 deductible health insurance and repay the teachers electing coverage for all months in which the Respondent did not pay the full insurance premium.

IT IS THEREFORE ORDERED THAT:

1.      Respondent shall pay the teachers a base salary of $27,605 for the 2008-09 school year.

2.      The Respondent shall pay the full insurance premium for EHA $300 deductible health and accident insurance for teachers electing dependant or individual coverage.  The annualized amount due each teacher for the insurance coverage they elect is set forth in Table 2.  The amount due each teacher for the months elapsed in 2008-09 school year shall be determined by dividing the annualized amount due by 12 months multiplied by the number of months elapsed from September 1, 2008, to the date of said payment.

3.      All other terms and conditions of employment for the 2008-09 school year shall be as previously established by agreements of the parties and by the Findings and Order of the Commission.

             4.      Adjustments in compensation resulting from this order shall be paid in a single lump sum payable within thirty (30)                     days of this final order, if possible.           

All commissioners join in the entry of this order.

To obtain copies of Tables, please contact the Commission at (402) 471-2934 or industrial.relations@nebraska.gov