| FALLS CITY EDUCATION | | | CASE NO. 45 |
| ASSOCIATION, An | | | |
| Unincorporated Association, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | FINDING OF FACTS, |
| | | CONCLUSIONS OF | |
| SCHOOL DISTRICT OF | | | LAW AND ORDER |
| FALLS CITY, IN THE | | | |
| COUNTY OF RICHARDSON, | | | |
| IN THE STATE OF | | | |
| NEBRASKA, A Political | | | |
| Subdivision, | | | |
| | | ||
| Defendant. | | |
NIELSEN, J.:
The Falls City Education Association, an Unincorporated Association "Plaintiff" filed a petition and praecipe in the Court of Industrial Relations of the State of Nebraska, on June 23, 1971, and petitioned the Court to accept jurisdiction of the matter in controversy and to make findings and orders concerning the same.
Prior to the above date the controversy had been submitted to, and the subject of a report by, a Fact-Finding Board which the School district rejected. The District unilaterally established terms, tenure, and conditions of employment.
In the plaintiff's petition paragraph numbered 13 states in part: "Prior to reaching impasse, the parties had reached tentative agreement on all matters except:
1. Base Salary
2. Percentage factors on the index schedule.
3. School district contributions for health and disability insurance.
4. Mileage for use of personal automobile."
The School District then adopted a salary schedule for the 1971-1972 school year. The Board proposed increasing the base pay from $6,500 to $6,600; that increments for experience and hours of college credit of 4% each be adopted; that full coverage for a single individual under the Blue Cross-Blue Shield Insurance be provided at a cost of $11.60 per month per teacher; that disability insurance at a cost of $6.00 per month per teacher be provided; that 15 cents per mile for expense of travel among the schools be provided; and that a fairly advantageous provision for pay for extra duty be adopted.
This case came on trial at Lincoln, Nebraska, on August 12, 1971, commencing at 9:30 a.m. in Courtroom No. 2 of the State Capitol where documentary evidence was received, witnesses were heard, oral arguments were given and written briefs were received.
Section 48-818 R.S. supp. provides that the court may establish or alter the scale of wages, hours of labor, or conditions of employment or any one or more of the same. This section contains the legislative criteria in accordance with which this court must act in making findings and entering orders on the subject.
From the evidence we conclude that the overall compensation presently set for the 1971-1972 school year by the School District of Falls City, in the County of Richardson, State of Nebraska, is comparable to the prevalent wage rates paid by other comparable school districts.
For this reason we determine that the Court should not alter the compensation presently offered by the School District of Falls City Nebraska.
In making this determination we have examined the evidence submitted by both parties under the standard of §48-818 and find that the School District of Falls City salaries compare favorably with other Class III schools in their territory namely: Auburn, Syracuse, Crete, Fairbury, Plattsmouth and Nebraska City. The above schools are all in the Twin River Conference. This conference provides athletic competition, band performances, exchange between student councils and student bodies, and teacher conferences between the member school districts.
Exhibit No. 15 introduced and received by the Court shows the proposed total compensation for all Falls City teachers in comparison to the total of what the same teachers would receive if they were on the salary schedules of the other six schools in the Twin River Conference, and further shows that the mean and average of such totals of the seven schools is $643,348.97 showing Falls City to be approximately $1,300 higher than the average.
The primary basis for the Court's decision is a factual determination that the record in this case does not warrant the Court's altering the School district's adopted base salary of $6,600 per year and 4x4 index or the amount of $11.60 per month Blue Cross-Blue Shield plus $6.00 per month disability insurance with full coverage Blue Cross-Blue Shield for a single individual, or changing the rate of 15 cents per mile travel expense between schools. We find the above meets the criteria required by the second and third sentence of §48-818.
Judge Gradwohl concurs in the result reached in this case for the reasons set out in his Concurring Opinion filed October 8, 1971, in Weeping Water Education Association v. School District of Weeping Water. In addition, Judge Gradwohl would have included the Humboldt School District in making the determinative comparisons since there is an historical and existing community of interest between the Humboldt and Falls City Districts as well as a geographical proximity. See Centennial Education Association v. School District No. 67-R, Order filed August 18, 1971 (comparing York School District in addition to conference schools).
NOW THEREFORE it is ordered, adjudged, and decreed that judgment for the defendant be and it hereby is entered.
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