| WESTSIDE EDUCATION | | | CASE NO. 103 |
| ASSOCIATION, An | | | |
| Unincorporated Association, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | FINDINGS AND ORDER |
| | | ||
| SCHOOL DISTRICT NO. 66, | | | |
| DOUGLAS COUNTY, NEBRASKA, | | | |
| ALSO KNOWN AS WESTSIDE | | | |
| COMMUNITY SCHOOLS, A | | | |
| Political Subdivision, | | | |
| | | ||
| Defendant. | | |
DEBACKER, J.
Appearances:
Theodore L. Kessner, of Crosby, Guenzel, Davis, Kessner & Kuester, for plaintiff.
Verne Moore, Jr. of Moore & Moore, for defendant.
Heard before Judges Baylor, DeBacker, Grant, and Kratz.
DeBacker, J.
The Court finds that the facts in this matter are as shown in Exhibit 1, the stipulation, a copy of which shall be attached to this order.
The language in question is clear and unambiguous. The defendant has agreed to provide Blue Cross and Blue Shield full-family coverage to all teachers who have five years experience in the defendant district whether or not that experience be continuous.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the School District provide to all teachers employed by the School District for the 1973-74 school year who have five years of teaching experience in the District the benefit of full-family health insurance coverage whether or not the experience is continuous.
Kratz and Grant, J.J., joining in the decision as read.
Baylor, P.J., concurring in the result.
Come now Westside Education Association (hereinafter the "ASSOCIATION") and School District No. 66, Douglas County, Nebraska, (hereinafter the "SCHOOL DISTRICT") and for the purpose of the hearing to be held on the Petition of the ASSOCIATION and Answer of the SCHOOL DISTRICT in the above-entitled matter, stipulate that the following facts may be considered by the Court:
1. Prior to the 1972-73 school year, the policies of the SCHOOL DISTRICT provided, with reference to health insurance the following:
A group Blue Cross-Blue Shield medical and hospital program is available to all employees. The employee may elect to participate in the program and authorize the payroll department for payroll deduction.
2. As a result of negotiations between the ASSOCIATION AND SCHOOL DISTRICT with reference to terms and conditions of employment for the 1972-73 school year it was agreed that the SCHOOL DISTRICT would provide individual health insurance premiums. The Board policy for the 1972-73 contract year with reference to health insurance provided:
The Board of Education pays the cost of the Blue Cross-Blue Shield NSEA Program for each staff member employed on one-half time or more on a monthly or contract basis. The program, including an 80-20 major medical plan, is available to dependents of employees at their expense.
3. As a part of the negotiation of terms and conditions of employment for the 1973-74 contract year, the ASSOCIATION made an initial proposal to the SCHOOL DISTRICT as follows:
The WEA proposes that the Board of Education assume the cost of the basic medical coverage for dependents of employees.
During the negotiations, the SCHOOL DISTRICT agreed to pay for dependents' health insurance coverage after the teacher had been employed for five (5) years. No discussion was held at the bargaining table for the purpose of defining or limiting the five year qualification period, and particularly, no discussion was held concerning the application of the five year qualification period to teachers who were rehired after being previously employed or who returned to work after being on an authorized leave of absence.
4. The negotiations between the ASSOCIATION and the SCHOOL DISTRICT resulted in an agreement. The formal written agreement was executed April 12, 1973.
5. As a part of the agreement relating to negotiated terms and conditions of employment for the 1973-74 school year it was stated:
The insurance provided by the Board of Education shall be in accordance with the Appendix "C" attached.
Appendix "C" to said agreement, prepared by the SCHOOL DISTRICT states, in part:
1. Blue Cross/Blue Shield Single Premium NSEA Group Health Program. Full Family coverage after five (5) years of teaching experience in the Westside Community Schools.
2.Subsequent to the agreement between the ASSOCIATION and SCHOOL DISTRICT, the SCHOOL DISTRICT amended its policies with reference to Board paid health insurance by adding the following provisions:
The Board of Education pays the cost of the Blue Cross-Blue Shield NSEA Program for each staff member employed one-half time or more on a monthly or contract basis. The program, including an 80-20 major medical plan, is available to dependents of employees at their expense.
The Board of Education also provides Blue Cross-Blue Shield family insurance for eligible secretaries and certificated staff employed one-half time or more on a monthly or contract basis. The program, including an 80-20 major medical plan, is available to dependents of employees at their expense.
The Board of Education pays the cost of the Blue Cross-Blue Shield NSEA Program for each staff member employed one-half time or more on a monthly or contract basis. The program, including an 80-20 major medical plan, is available to dependents of employees at their expense.
The Board of Education also provides Blue Cross-Blue Shield family insurance for eligible secretaries and certificated staff employed one-half time or more on a monthly or contract basis. Eligibility for family insurance is determined upon an employee's completion of five (5) years of employment in School District 66.
7. Upon being informed that the SCHOOL DISTRICT was going to apply the family health insurance coverage provision in a manner that would not include those teachers who had resigned and were rehired, thereby interrupting their years of service, the ASSOCIATION instituted a grievance under the Grievance Procedure in existence in the SCHOOL DISTRICT. On November 5, 1973, the grievance was submitted to the Board of Education of the SCHOOL DISTRICT, and on November 20, 1973, the Board of Education denied the grievance.
8. On December 3, 1973, the SCHOOL DISTRICT amended its policies with reference to family health insurance coverage by inserting into said policies the work "continuous" so that said policy provided:
The Board of Education pays the cost of the Blue Cross-Blue Shield NSEA Program for each staff member employed one-half time or more on a monthly or contract basis. The program, including an 80-20 major medical plan, is available to dependents of employees at their expense.
The Board of Education also provides Blue Cross-Blue Shield family insurance for eligible secretaries and certified staff employed one-half time or more on a monthly or contract basis. Eligibility for family insurance is determined upon an employee's completion of five continuous years of employment in School District 66.
9. In the application of the agreement relating to SCHOOL DISTRICT paid family health insurance, the SCHOOL DISTRICT is paying for family coverage for two teachers whose employment has been interrupted by approved leaves of absence for purpose of study:
(a)Christine Phillips was granted a leave of absence for the 1968-69 contract year; and is being provided the family health insurance benefit.
(b)Bill Krueger was granted a leave of absence for 1971-72 contract year; and is being provided the family health insurance benefit.
Several teachers have been employed by the SCHOOL DISTRICT for more than five (5) years, however, their employment has not been continuous for the past five (5) years, having been interrupted by voluntary termination and subsequent rehire:
Employed
Name From To
Linda Chevalier ................ 1/63 6/63
1/64 6/68
9/72 ----
Larry Heureux ..................9/65 6/67
9/70 ----
Jim Porter .....................9/65 6/67
9/70 ----
Betty Schleifer ................9/64 6/68
9/69 ----
Marti Welch ....................8/60 6/64
1/70 ----
Henrietta Payne ................9/62 6/65
12/65 6/69
1/72 ----
Joan Gilliam ...................9/56 6/59
3/60 6/62
1/69 6/71
9/73 ----
10. The SCHOOL DISTRICT makes provision for other employment related matters in its official policies, including Professional Leave, Pregnancy and Maternity Leave, Sabbatical Leave, and Political Activities of Staff.
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