2 CIR 51 (1972)



Plaintiff, |
v. | ORDER
OF MINDEN, etc., |
Defendant. |

Filed January 26, 1972.

This case came on for trial on September 17, 1971, on the Petition and Answer and Cross-Petition of the parties, evidence was presented, and times fixed in which briefs are to be submitted. The Association requested Court orders on two items, index salary schedule and grievance procedure.

The evidence showed that the issue of grievance procedure was considered relatively briefly in the course of negotiations between the parties. The Association presented a written grievance procedure to the Board. The Board objected to at least three provisions in the Association's proposal, the scope of the definition of grievance, the authorization of "class" grievances by the Association, and binding third-party arbitration. The Board submitted a written grievance procedure to the Association, but no substantial negotiations took place thereafter. At the trial, it appeared that the Association might agree to limiting the definition of grievance to "an alleged violation of the negotiated agreement between the Board and the Association" as the Board had desired. The Board indicated that it might agree to "class" grievances presented by the Association.

For the reasons contained in our Findings and Order entered in Central City Education Association v. The School District of Central City , No. 35, grievance procedures are a term and Condition of employment and subject to negotiation between the parties. With respect to the issue of the binding nature of the different grievance procedures, we stated in Central City , page 4 that "Whatever grievance procedures are agreed to by the parties or could be established by this Court must be subject to the Nebraska constitutional rules applied in Rentschler v. Missouri Pac. R. Co. , 126 Neb. 493, 253 N.W. 694 (1934),and recently referred to in Poppert v. Brotherhood of RR Trainmen , 187 Neb. 297, 303-304 (September 3, 1971)."

The parties have not fully negotiated the grievance procedure issue. At the trial, both parties indicated a willingness to attempt further negotiations on grievance procedures. We find that it would effectuate the purposes of Chapter 48, Article 8, to order further bargaining at this time on the issue. This Order is entered primarily under the authority of section 48-816, but also sections 48-810 and 48-823.



1. The Plaintiff and Defendant are ordered forthwith to undertake good faith negotiations in regard to the determination of grievance procedures;

2. Should such negotiations result in mutual agreement, the matters so agreed upon shall be reported to this Court;

3. If the parties are unable to agree on any such matters, the parties, separately or jointly as they determine, shall so notify the Court;

4. This Order does not compel either party to enter into any contract or agreement, written or otherwise:

5. This Order shall not preclude either party from making application to this Court for such additional Order or Orders as may be necessary to carry out this Order or appropriate to govern the situation pending such bargaining.

Entered this 22d day of September, 1971. Judge Henatsch did not participate in the hearing of this matter or in the consideration or entry of the Findings and Order.


By (s)

John M. Gradwohl, Judge


The Minden Education Association, and Unincorporated Association, "plaintiff" filed a "Petition and Praecipe" in the Court of Industrial Relations of the State of Nebraska on August 11, 1971, praying that this Court would accept jurisdiction of the matter in controversy and to make findings and orders concerning same.

The parties negotiated under the provision of the Nebraska Teachers Professional Negotiations Act and were unable to agree and the matter was also submitted to a fact-finding board. The Association accepted the recommendation of the majority of the Fact Finders. The School District rejected it.

On September 17, 1971 this case came on trial at the State Capitol, Courtroom No. 2 at 1: 15 p.m. on the petition, answer and cross-petition of the parties. Oral arguments were given, documentary evidence was received, witnesses were heard; written briefs were received later.

Plaintiff's exhibit No. I shows the base salary for the Minden School District Teachers for the 1970-1971 school year was a base of $6,400 with index factors of 4.5% "down Experience" x 3% "across additional education."

The parties agreed that the base salary for the school year 1971-1972 should be $6,000 base and the horizontal index factor increased from 3% to 4% "across additional education." However the parties could not agree on the percentage to be used in index factors, "down experience." The Minden Education Association wanting 5% and the School District wanting to give


The trial was directed toward the issues of altering the vertical increment of the index salary schedule and establishing a grievance procedure, pursuant to section 48-818.

On September 22, 1971 the Court ordered the parties to undertake good faith negotiations on the grievance procedure issues. On November 11, 1971 the parties filed a joint showing that they have negotiated an agreement as to the grievance procedure. The single matter remaining for decision is the index salary schedule vertical increment. From the findings and for the reasons set out below, we determine that the vertical increment should be set by the Court at 4.5% making the index salary schedule effective on January 26, 1972, $6,600 base salary with a vertical increment of 4.5% and a horizontal increment factor of 4%.

There are seven schools in the Southwest Athletic Conference, Minden, Cozad, Holdrege, Lexington, Broken Bow, Ogallala, and Gothenberg. Section 48-818 states in part "the Court of Industrial Relations shall establish rates of pay and conditions of employment which are comparable to the prevalent wage paid and conditions of employment maintained for the same or similar work of workers exhibiting like or similar skills under the same or similar working condition." The teachers in these conference schools perform the same or similar work and exhibit like or similar skills under the same or similar working conditions. There is a past history of comparison by both parties of Mind#en teacher salaries with those of the other Conference schools. These conference schools were also used for comparative purposes in Holdrege Education Association v. School District of Holdrege, Order filed August 12, 1971. Section 48-818 also directs the Court to take into consideration the overall compensation of the employees in establishing wage rates. From the evidence, we find an determine that a salary schedule with a $6,000 base, a vertical increment of 4.5%, and a horizontal increment of 4% will fulfill the statutory criteria of Section 48#-818. This places Minden at the approximate mid-point in terms of overall compensation among the member schools of the Southwest Athletic Conference.

NOW THEREFORE it is ordered, adjudged and decreed that the Salary Schedule for the teachers in the School District of Minden, in the County of Kearney, in the State of Nebraska shall have a base of $6,600 with vertical increment of 4.5% and a horizontal increment factor of 4% for the school year 1971 - 1972 effective the date of the Findings and Order entered and filed January 26, 1972.

Judge Henatsch did not participate in the trial of this case or in the consideration or entry of the Findings and Order.


Judge Walter H. Nielsen