3 CIR 243 (1977)


ASSOCIATION, An Unincorporated |
Association, |
Plaintiff, |
OF NEBRASKA, A Political |
Subdivision of the State of |
Nebraska, |
Defendant. |

A hearing was held in the above-entitled action on November 17, 1976. The plaintiff seeks a Section 48-818 determination of base salary and fringe benefits for the 1976-1977 school year. Since the defendant is a Class I School District, the provisions of the Teacher's Professional Negotiation Act are inapplicable. The Court should find that an "industrial dispute" exists between the parties and that it has jurisdiction over the parties and the subject matter.

The Association offered data on twelve school districts for comparison purposes. The twelve districts and relevant data are set forth on Table 1.

On its Exhibit 3, the plaintiff illustrated index salary schedule and fringe benefit data for the compared to school districts. This information included staff index factors and total teacher compensation for each district. This is the type of date which the Court has utilized in its previous Section 48-818 determinations.[1]

The defendant has offered no such comparisons. The district superintendent testified as to the base salaries and health insurance contributions in effect in five districts[2] which participate in the same athletic conference as Oshkosh.

The district also introduced a publication entitled "1976-1977 Nebraska Salary Survey" which had been prepared by the Nebraska State Education Association. From this survey the Court could ascertain the salary schedules and fringe benefits in effect in these districts. However, the defendant did not offer the placement of the Oshkosh teachers on any of these schedules. Without that information the Court cannot calculate total teacher compensation for the compared to districts.

The defendant objects to the plaintiff's list of comparable schools because of the twenty-seven Class I districts in the state having seven or more teachers, the plaintiff offered only twelve. The defendant could have offered the additional fifteen districts into evidence but chose not to do so.

In Verdigre Educ. Assoc. v. School Dist. , 2 CIR 111 (1974), the Court stated that ...

[t]he 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...Any dangers as to selective or wrongful inclusions may be safeguarded against by defendant's rights under 48-817 to rebuttal and cross-examination.

Turning to the school districts which the plaintiff has offered, the Court should find that Imperial, Gordon, Schuyler, Kimball and Hyannis fall outside the size criterion enunciated in Tecumseh Educ. Assoc. v. School Dist. , 2 CIR 119 (1975). Compared to Oshkosh, enrollment 202, Hyannis, is too small and the other districts are too large. The remaining districts are arrayed in Table II.3

The Court should find that the schools in this array fit within the guidelines set forth in District 8 Elem. Teachers v. North Bend , 2 CIR 95 (1974) and Murray Educ. Assoc. v. School Dist. , 3 CIR 145 (1976), which dealt with Class I Districts. The resulting array is well balanced between larger and smaller districts, and contains enough districts to make a valid comparison.

The median of this array is $148,836.92 and the mean is $149,471.00. The District's last offers of $7,800 with full family Blue Cross/Blue Shield contribution ($150,188.00); $7,950 with $23.40 single and $40.00 towards family Blue Cross/Blue Shield ($149,795.12); or $8,050 with single Blue Cross/Blue Shield ($149,303.92) are all within the approximate midpoint range.

The record does not indicate whether the Oshkosh teachers are currently being paid in accordance with one of these compensation packages or under last year's contract terms. The Court should accordingly look to the schools in the array to determine the prevalent type of compensation package.

The Court should find that a $8,000 base on the 4 x 4 Salary Schedule currently in effect and a Blue Cross/Blue Shield contributions of $23.40 single and $30.00 family are appropriate. This will result in the total teacher compensation of $149,324.40.


1. That the scale of wages for the Oshkosh teachers for the 1976-1977 year be computed in accordance with the 4 x 4 Salary Schedule which was utilized the previous school year with a base salary of $8,000.

2. That the defendant shall provide a full single insurance contribution of $23.40 per teacher per month and $30.00 per teacher per month towards family coverage where applicable.

3. That all other aspects of compensation and terms and conditions of employment remain unchanged; and

4. That these wages and terms of employment be effective from the first day of the 1976-1977 school year.

Entered March 16, 1977.

NOTE: Footnotes deleted.

There was a subsequent decision adapting this hearing examiner report at 3 CIR 246 but it adds nothing so it was not entered into these computer decisions.