2 CIR 79 (1973)

IN THE COURT OF INDUSTRIAL RELATIONS

OF THE STATE OF NEBRASKA

GILTNER ASSOCIATION OF | CASE NO. 79
EDUCATORS, An Unincorporated |
Association, |
|
Plaintiff, |
|
v. | FINDINGS AND ORDER
| RE FURTHER
SCHOOL DISTRICT NUMBER 2R | PROCEEDINGS
OF HAMILTON COUNTY, |
NEBRASKA, also known as |
Giltner Public Schools, |
A Political Subdivision, |
|
Defendant. |

March 26, 1973

NOTE: SOME PUBLISHED ORDERS HAVE BEEN DEEMED TO BE NOT HELPFUL AND HAVE, THEREFORE, BEEN OMITTED FROM THIS FILE.

BAYLOR, J.:

The Court hereby, March 26, 1973, from the record of a hearing this day held in accordance with Order entered March 8, 1973, finds:

1. That the defendant, being a Class II school district, is not subject to the Teachers Professional Negotiations Act, and accordingly that the proviso of Section 48-810 concerning the Court's jurisdiction is not involved.

2. That bargaining may help to eliminate, define, and simplify controversy and may have some possibility of resolving some or all of the issues; so that in accordance with our findings and Order entered March 30, 1972, in Holdrege Education Association vs. School District of Holdrege , Case No. 39, bargaining should be ordered.

Now, therefore, it is ordered, adjudged and decreed:

1. That not under the Teachers Professional Negotiations Act but by virtue of the order of this Court, under the Court of Industrial Relations Act, the plaintiff and the defendant forthwith shall negotiate with a view to defining, simplifying, and eliminating controversy between them and to arriving at a voluntary settlement of the industrial dispute.

2. That the parties are not compelled to enter into any agreement or contract, written or otherwise.

3. That in entering this order the Court makes no decision in any respect concerning any doctrine of mandatory subjects for bargaining, and any discussion whatsoever on any subject whatsoever in the course of such bargaining shall be without prejudice to an ultimate contention that such subject cannot be the object of an order to bargain or contention that such subject is a prerogative of the employer.

4. That the Association is entitled to represent its members in representative negotiations of the terms and conditions of their employment.

5. That bargaining of terms and conditions of employment shall include:

(a) Salary schedule and employer contributions to health related insurance program.

(b) Grievance procedure.

(c) Extra duty pay schedule.

(d) Payroll deduction of Association dues.

6. That the provisions relating to sick leave and personal-professional leave, as set forth in Exhibit 1, Document 8, received this date, shall be deemed the applicable terms and conditions of employment of the members of the Association and shall not be modified unless first submitted to negotiation.

7. That negotiations shall be undertaken for the purpose of arriving at agreement between the parties, and in the event of such agreement such items shall be reduced to writing and reported to this Court.

8. That if the parties are unable to agree on any such matters, the parties separately or jointly shall so notify the Court.

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