|SIDNEY EDUCATION|||||CASE NO. 58|
|THE SCHOOL DISTRICT||||
|OF SIDNEY, IN THE||||
|COUNTY OF CHEYENNE,||||
|IN THE STATE OF NEBRASKA,||||
|also known as SIDNEY PUBLIC||||
|SCHOOLS, a political||||
This matter came on for trial on January 13, 1972 on the Petition of the plaintiff and the Reservation of Special Appearance and Answer of the defendant. Evidence was presented and arguments given.
From the pleadings and evidence the Court after deliberation finds that it has jurisdiction of the parties and the subject matter before the Court; that by letter dated September 7, 1971, the plaintiff Association requested that the defendant School District recognize the Association as the representative of the certificated employees of the School District; that by letter dated October 1, 1971, the defendant advised the Association that it refused to recognize the Association as the representative of the Certificated employees of the Sidney School District in their professional and employment relations; that defendant has refused to meet or confer with the plaintiff regarding employment and professional relations with certificated employees of said District; that the parties are subject to the provisions of the Nebraska Teachers Professional Negotiations Act, Sections 79-1287 to 79-1295, R.S.Supp. 1969, and the provisions of said Act have been exhausted without resolution of the dispute involved; that an industrial dispute exists as defined by Section 48-801(7), R.S. Supp. 1969, and defendant is an employer as defined by Section 48-801(4), R.R.Supp. 1969; that on September 7, 1971, the plaintiff represented ninety-five (95) out of one hundred one (101) certificated employees of said School District and that on said date 82% of said 95 certificated employees had designated the Association as their exclusive representative in negotiations with the defendant on matters of professional concern; that the School District and Association have failed or refused to bargain in good faith concerning the matters in dispute and that the School District, as a public corporation within the meaning of Section 48-816, R.S. Supp. 1969, and its employees should be ordered to begin good faith bargaining; and that the following order is necessary and appropriate to settle said industrial dispute;
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. The plaintiff Association is entitled to represent those certificated teachers employed by the defendant Sidney Public Schools who authorize it to act for them within the meaning of Section 48-837, R.R.S. Supp.
2. The plaintiff and the defendant are ordered forthwith to undertake good faith negotiations on the terms and conditions of employment of the members of the plaintiff Association in accordance with Chapter 48, Article 8, R.R.S. Supp.
3. Should such negotiations result in mutual agreement the matters so agreed upon shall be reported to this Court.
4. If the parties are unable to agree on any such matters the parties separately or jointly, as they determine, shall so notify the Court.
5. This Order does not compel either party to enter into any contract or agreement, written or otherwise.
6. 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.