| VERDIGRE EDUCATION | | | CASE NO. 111 |
| ASSOCIATION, An | | | |
| Unincorporated Association, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | OPINION AND ORDER |
| | | ||
| THE SCHOOL DISTRICT OF | | | Appeal dismissed upon |
| VERDIGRE, IN THE COUNTY OF | | | motion of Appellant, March |
| KNOX, IN THE STATE OF | | | 31, 1975, Docket No. 39912. |
| NEBRASKA, Also Known As | | | |
| VERDIGRE PUBLIC SCHOOLS, | | | |
| A Political Subdivision, | | | |
| | | ||
| Defendant. | | |
NOTE: SOME PUBLISHED ORDERS HAVE BEEN DEEMED TO BE NOT HELPFUL AND HAVE, THEREFORE, BEEN OMITTED FROM THIS FILE.
Appearances:
Theodore L. Kessner, of Crosby, Guenzel, Davis, Kessner & Kuester, for plaintiff.
Asa A. Christensen of Christensen & Glynn, for defendant.
RUDOLPH, J.:
This is an action brought by the Verdigre Education Association asking this Court to determine wages under Section 48-818. The case was heard on July 30, 1974. At the hearing the Verdigre Education Association presented Mr. Halama, who testified that he had examined the following comparable schools and had prepared an exhibit which compared them. The rankings from Exhibit 11 were as follows:
Total Teacher Compensation
West Holt ....................$249,622
Osmond ....................... 244,218
Elkhorn Valley ............... 244,129
Neligh ....................... 242,746
Creighton .................... 241,837
Plainview .................... 241,128
Association Proposal ($7150).. 240,834
Newman Grove.................. 240,083
Battle Creek ................. 237,176
Bloomfield ................... 236,438
Niobrara ..................... 234,397
Orchard ...................... 233,196
Wausa ........................ 232,498
School District Proposal
($6800) ................. 229,304
The School District of Verdigre did not present any evidence on comparable salaries but did raise the following issues. First, that there was not sufficient evidence presented to the Court by the Verdigre Education Association to make a prima facie case and second that the evidence did not show that there was bargaining in good faith, and that such bargaining, if done, could or would lead to a narrowing of the issues without need for the Court to make a 48-818 determination.
We shall resolve this second issue first. The evidence is clear that the parties entered into negotiations on November 30, 1973 and held three meetings. The last of these meetings left the parties in disagreement. The Board's offer was a one year contract at $6,700 base or $6,800 base for a two year contract on a 4 x 4 index schedule. The Association insisted on the $7,150 base. On March 14, the Association asked for the appointment of a fact-finder which exhausted their remedies under the Teachers Professional Negotiation Act. The Board, on its own authority, issued contracts to the teachers for one year with a $6,800 base on a 4 x 4 index schedule. Presently the Board does not contend that the signing of such contracts with a rider protecting the teachers' rights under 48-618 precludes the Association's remedies. This Court has decided this issue in Central City Education Association v. School District of Central City, et al., Case Nos. 35, 36 and 38. March 12, 1971; Holdrege Education Association v. School District of Holdrege , Case No. 39, March 30, 1971; and, South Sioux City Education Association v. School District of South Sioux City , Case No. 73, December 18, 1972.
The issue therefore is whether the misunderstanding of the Board as to the exhaustion of remedies and the effects of teachers signing the contracts should preclude this action. Under law, if one party does what is required and the other party fails to understand the law, it would be unfair to preclude the party who has fulfilled his legal requirements from his remedy because of the misunderstanding of the second party. The Court therefore finds that there is no sufficient reason not to proceed to a 48-818 determination.
The second issue raised by the Board is whether a prima facie case was made by the Association when the Association failed to include all the schools in a geographic proximity or an athletic conference.
The demand seems unreasonable. It may be that in some situations the evidence is unavailable or in such a form as not easily comparable. Geography and athletic conferences are useful tools of comparison, but there may be reasons why schools in such groupings are not comparable. The purpose of groupings (e.g. conference, locality, size) is basically to find a representative sample of manageable size within which comparable work, skills and working conditions exist. It is sufficient that a number of schools with sufficient similarities in working conditions are presented, so that the Court may make a determination. In this Case, 12 other Districts were compared with Verdigre. Any dangers as to selective or wrongful inclusions may be safeguarded against by defendant's rights under 48-817 to rebuttal and cross-examination.
We now turn to the main issue of what should be the base figure. In addition to using the athletic conference materials we find that in examining the nine schools close in geography and size we have the following information.
West Holt ..................$249,622
Elkhorn Valley ............. 244,129
Creighton .................. 241,837
Newman Grove ............... 240,083
Battle Creek ............... 237,176
Bloomfield ................. 236,438
Niobrara ................... 234,397
Orchard .................... 233,196
Wausa ...................... 232,498
The average total teacher compensation from these comparisons is $238,819. To attain the midpoint in this comparison a base of $7100 is sufficient. However, if we examine a larger number of schools which:
(a) Have a community of interest with the compared to school district.
(b) Participate in the same athletic conference.
(c) Are in a geographic proximity to the compared to school districts.
(d) Have a similar student enrollment.
(e) Have scholastic and academic contracts.
the midpoint of such schools is $7,150. The Court does not see any non-arbitrary method of excluding any of the samples and therefore accepts the larger sample. It is therefore concluded that the Board pay the members of the Association $7150 base in a 4 x 4 salary schedule for the academic year 1974-75.
Sidney Education Association v. The School District of Sidney , Case Number 81 and 88, April 19, 1974.
Crete Education Association v. The School District of Crete , Case Number 64, February 28, 1974.
Fremont Education Association v. School District of Fremont , Case Number 50, March 14, 1972.
Valentine Education Association v. School District No. VI of Cherry County, Nebraska, et al ., Case Number 66, February 16, 1973.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that:
1. The scale of wages for certificated teachers employed by the Defendant School District of Verdigre in Knox County, Nebraska, for the 1974-75 school year shall be computed in accordance with an index schedule having a base salary of $7150.00, index increments of 4% vertically and 4% horizontally, and the same number of vertical columns and steps on each column as contained in the 1973-74 salary schedule. This scale of wages shall be effective for the 1974-75 school year only. The administration of the index increments shall be in conformity with the practices during the 1973-74 school year. Except as specified in this paragraph, the other aspects of compensation and terms and conditions of employment presently set or agreed upon for 1973-74 shall remain unchanged by this Order.
2. The Order does not compel either party to enter into any contract or agreement, written or otherwise.
Entered and filed this 29th day of August, 1974.
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