| NORTH PLATTE POLICE OFFICERS | | | CASE NO. 287 |
| UNION, INTERNATIONAL BROTHERHOOD | | | |
| OF POLICE OFFICERS, LOCAL 582, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | OPINION AND ORDER |
| | | ||
| CITY OF NORTH PLATTE, NEBRASKA, | | | |
| A Municipal Corporation, | | | |
| | | ||
| Defendant. | | |
Appearances:
For the Plaintiff: J. Murry Shaeffer
For the Defendant: William A. Harding
A. Stevenson Bogue
Before: Judges Wall, Kratz, McGinley, Gradwohl, and Orr. (EN BANC)
GRADWOHL & McGINLEY, JJ:
This matter came on for trial on the Petition filed November 9, 1978, and Answer filed November 29, 1978, for a determination of wages and other conditions of employment pursuant to Section 48-818. The Court has jurisdiction of the parties and of the subject matter.
1. Statute .
The controlling statute is Section 48-818, which states:
"The findings and order or orders may establish or alter the scale of wages, hours of labor, or conditions of employment, or any one or more of the same. In making such findings and order or orders, the Court of Industrial Relations shall establish rates of pay and conditions of employment which are comparable to the prevalent wage rates paid and conditions of employment maintained for the same or similar working conditions. In establishing wage rates the court shall take into consideration the overall compensation presently received by the employees, having regard not only to wages for time worked but also to wages for time not worked, including vacations, holidays, and other excused time, and all benefits received, including insurance and pensions, and the continuity and stability of employment enjoyed by the employees. Any order or orders entered may be modified on the court's own motion or on application by any of the parties affected, but only upon a showing of a change in the conditions from those prevailing at the time the original order was entered."
2. Employees.
Plaintiff was certified as the representative of North Platte Police Department employees by this Court on June 28, 1978. The 49 employees represented by Plaintiff presently hold the following positions in the Department (Exhibit D-3):
Police Officer I (3 vacancies) 11
Police Officer II 4
Patrolman 3
Sergeant 3
Detective 3
Detective Sergeant 1
Court Coordinator-Sergeant 1
Youth Investigator 1
Patrol Lieutenant 5
Cadet 1
Chief Dispatcher 1
Radio Maintenance Dispatcher 1
Dispatcher 5
Humane Officer 3
Clerk Typist 2
Secretary I 1
Secretary 1
Custodian 2
3. Present Wages.
The present wages of Police Department employees were set by Ordinance No. 2093 adopted July 15, 1978 (Exhibit J-1). These wages for the 1978-1979 fiscal year are the same as for the 1977-1978 fiscal year. Ordinance No. 2093 also fixed wages for employees represented by the International Association of Firefighters at the 1977-1978 level for the current year. The Association of Firefighters was likewise certified as the bargaining representative by this Court in July 1978 and also has filed suit in this Court for a Section 48-818 determination of wages (Case No. 288). All other City of North Platte employees received an 8% pay increase for the current year under Ordinance No. 2092 adopted July 15, 1978 (Exhibit J-1).
The present monthly pay for Police Department employees is contained in Exhibit D-3, showing the applicable Pay Grade and Step. The present Job Descriptions are contained in Exhibit J-2 together with the specified pay grade. The City contemplates a reclassification of Job Descriptions (see Exhibit D-2 and Exhibit D-3) but has not taken such action during the pendency of this suit. See Section 48-811. It appears from the evidence that some of the City's comparisons with work performed in other cities may have been based upon the proposed class and title rather than on the basis of the classification and skills presently in effect which are the subject of this proceeding. There has been no bargaining between the parties at any time concerning wages, working conditions, or job classifications and descriptions.
4. Comparables.
Section 48-818 mandates that wages and conditions of employment ordered by the Court be comparable to those "maintained for the same or similar work of workers exhibiting like or similar skills under the same or similar working conditions." Applying this statutory standard to the evidence in this case, we find that workers exhibiting like or similar skills under the same or similar working conditions with whom the comparisons should be made are as follows:
(a) Clerk Typist, Secretary I, Secretary, Custodian.
The determinations in this matter concerning Clerk typist, Secretary I, Secretary, and Custodian should be based upon other employees of the City of North Platte holding the same Job Descriptions.
The unrefuted testimony was that all employees of the City of North Platte working in each of these classifications perform like or similar skills under the same or similar working conditions as other employees working in the same classification. They were treated identically in prior years until unionization took place in 1978. The differences in treatment within the classifications occurred from the Ordinances adopted July 15, 1978 (Exhibit J-1).
Section 48-818 allows a comparison to workers performing under "the same . . . working conditions." This clearly authorizes a comparison with other employees of the same employer. There are sound policy reasons why workers performing like or similar skills for the same employer under the same or similar working conditions as other employees working in the same classifications occurred from the Ordinances adopted July 15, 1978 (Exhibit J-1).
Section 48-818 allows a comparison to workers performing under "the same . . . working conditions." This clearly authorizes a comparison with other employees of the same employer. There are sound policy reasons why workers performing like or similar skills for the same employer under the same or similar working conditions should be treated identically. The Plaintiff's comparison of these civilian classes of Police Department employees with other City of North Platte employees is a better comparison for the purposes of Section 48-818 in this matter than Defendant's survey of the 18 employers (shown in Exhibit D-6) in North Platte and other cities.
(b) Chief Dispatcher, Radio Maintenance Dispatcher, Dispatcher, and Humane Officer.
There is not evidence upon which wage comparisons can be made for chief dispatcher, radio maintenance dispatcher, dispatcher and humane officer. These employees do not exhibit "like or similar skills" to police officers. The plaintiff did not introduce evidence of other workers exhibiting like or similar skills. The Plaintiff's Proposed Findings of Fact recognize that there is insufficient evidence in the record for the entry of an order under Section 48-818 establishing wages for these employees. It is true that "The burden of proof is necessary, regardless of which party introduces the evidence." Lincoln Fire Fighters Assn. v. City of Lincoln , 198 Neb. 174, 178, 252 N. W. 2d 607 (1977). Here, however, the Defendant's evidence as to "electronic technician" (Exhibits D-7, D-7A, D-8 and D-8A) does not show that like or similar skills are exhibited under the same or similar working conditions in the civilian employments surveyed. And Defendant's evidence on humane officers in other cities (Exhibits D-15, D-16, D-17, and D-18) is not sufficient to establish wages for North Platte employees. Since Section 48-818 also requires the Court to examine "overall compensation", no order can be entered with respect to either wages or working conditions for chief dispatcher, radio maintenance dispatcher, dispatcher, and humane officer in this case.
(c) Other Police Department Employees.
The determinations in this matter concerning other employees in the North Platte Police Department should be based upon employments in the police departments in Columbus, Fremont, Grand Island, Hastings, Kearney, and Norfolk.
The parties stipulated that police officers (Exhibit J-3, Third Stipulation), detectives (Exhibit J-3, Seventh Stipulation) all perform the same or similar work under the same or similar working conditions in North Platte, Bellevue, Columbus, Fremont, Grand Island, Hastings, Kearney, and Norfolk for the purpose of this proceeding. These are the eight largest first class cities in Nebraska. Their populations and number of police department employees, and the distances of the other cities from North Platte, are (Exhibit D-5):
City Population Employees Distance From
North Platte 22,500 46 (plus three __
vacancies; in-
cludes civilians
Bellevue 21,200 40 278
Columbus 16,600 31 210
Fremont 23,000 39 258
Grand Island 33,400 49 146
Hastings 22,900 44 153
Kearney 20,600 36 100
Norfolk 17,900 40 233
Plaintiff sought to add four of the next five largest first class cities in Nebraska to the array (Exhibit P-1): Beatrice (population 12,389), McCook (population 8,285), South Sioux City (8,504) and LaVista (8,394). The police department of Scottsbluff, Nebraska's ninth largest first class city, is involved in pending litigation in this Court (Case No. 283) and was, therefore, excluded from the Plaintiff's proposed array.
Despite the stipulation of the parties, the evidence was that Bellevue was influenced by being a part of metropolitan Omaha, both as to the working conditions of the police department and the economic influences on its wages and conditions of employment. Defendant objected to the inclusion of Beatrice, McCook, South Sioux City and LaVista on various grounds. LaVista is also a part of the metropolitan Omaha area like Bellevue. South Sioux City is less than half the size of North Platte and a part of the Sioux City metropolitan area. Beatrice is geographically removed from North Platte. There is no direct evidence of the police force size or actual working conditions of the police departments in these cities.
An array of Columbus, Fremont, Grand Island, Hastings, Kearney, and Norfolk is a suitable array for the determinations in this case. The evidence indicates that Bellevue may not be an appropriate department for comparison in this matter and it should not be included in the array despite the stipulation of the parties. A stipulation of the parties for inclusion of a particular employer in the comparative array for a determination under Section 48-818 is not binding on the Court if the other evidence does not support its inclusion. The Plaintiff has not supported the burden of proof for inclusion of Beatrice, McCook, South Sioux City, and LaVista in the array.
5. Wage Comparisons.
(a) Police Officer I.
The evidence is that the basic wages of North Platte Police Officer I is slightly below the average (arithmetic mean) wage paid in the other comparable departments.
NOTE: Table deleted
(b) Detective.
The evidence is that the basic wages of North Platte Detective is slightly below the average wage paid in the other comparable departments. The figures submitted by plaintiff and Defendant do not match as to Detective pay rates. Exhibit P-4 is based on the actual North Platte pay shown for these employees in Exhibits D-3 and J-1. Exhibit D-21 contains a different rate for the North Platte Detectives than the actual rates shown in the other evidence and this discrepancy apparently carries into the comparisons with other police departments as well.
NOTE: Table deleted
(c) Sergeant.
The evidence is that the basic wages of North Platte Sergeant is below the average wage paid in other comparable departments. The figures submitted by Plaintiff and Defendant do not match as to Sergeant pay rates. Exhibit P-5 is based on the actual North Platte pay shown for these employees in Exhibits D-3 and J-1. Exhibit D-23 contains a different rate for the North Platte Sergeants than the actual rates shown in the other evidence and this discrepancy apparently carried into the comparisons with other police departments as well.
NOTE Table deleted
(d) Detective Sergeant.
The only evidence on wages of Detective Sergeant is Defendant's Exhibits D-25 and D-26. That evidence is that the basic wages of North Platte Detective Sergeant is comparable to the average wage paid in other comparable departments.
NOTE: Table deleted
(e) Patrol Lieutenant.
Not all comparable departments have the classification of Lieutenant. Based primarily upon Exhibits D-27 and D-28, the basic wages of North Platte Patrol Lieutenant is below the average wage paid in other comparable departments.
NOTE: Table deleted
(f) Police Officer II.
Police Officer II performs generally the same work skills as Police Officer I in North Platte with additional supervisory duties. Most of the other comparable police departments do not use this separate classification. The City may eliminate the separate classification if its proposed reclassification eventually takes place. For the purposes of this proceeding, the wages of Police Officer II should retain the same dollar increment over the wages of Police Officer I as is presently in effect.
(g) Court Coordinator Sergeant and Youth Investigator.
These officers presently are classified at the same level as Sergeants and perform like skills. These are special classifications within the North Platte Police Department for which comparisons with other departments are not significant. The City may eliminate these separate classifications, too, if the proposed reclassification takes place. For the purposes of this proceeding, the wages of Court Coordinator Sergeant and Youth Investigator should be the same as for Sergeant.
(h) Patrolman and Cadet.
There was no direct evidence of wage comparisons for these classifications. They perform like skills as Police Officer I in the same or similar working conditions, although they presumably lack the same proficiency and experience. For the purpose of this proceeding, the wages of Patrolman and Cadet should retain the same dollar reduction below the wages of Police Officer I as is presently in effect.
(i) Clerk Typist, Secretary I, Secretary, and Custodian.
The wages of clerk typist, Secretary I, Secretary, and Custodian should be the same as other workers of the City of North Platte in the same classifications under Ordinance 2092 adopted July 15, 1978 (Exhibit J-1) and related documents.
6. Comparisons of Other Conditions of Employment.
(a) Police Officer I, Detective, Sergeant, Detective Sergeant, Patrol Lieutenant, Police Officer II, Court Coordinator Sergeant, Youth Investigator, Patrolman and Cadet.
The comparisons of the other conditions of employment for these employees should be made with respect to the conditions of employment for the police departments in Columbus, Fremont, Grand Island, Hastings, Kearney, and Norfolk. The individual conditions compared in the evidence are as follows:
NOTE: Below are listed the titles of the conditions of employment only. We have deleted the actual data from the following tables:
(1) Paid Holidays and Holiday Incentive Hours .
(2) Life Insurance.
(3) Overtime pay
(4) Sick Leave .
(5) Clothing Allowance .
(6) Probationary Period.
(7) Longevity Pay.
(9) Medical Insurance .
There is a significant disparity between Plaintiff's evidence (Exhibit P-7) and Defendant's evidence (Exhibit D-33) on the medical insurance premiums paid. We adopt Defendant's Exhibit D-33 as being more accurate in this instance.
NOTE: Table deleted
Vacation Leave (by years of service and days
(b) Clerk Typist Secretary I, Secretary, and Custodian.
The conditions of employment of clerk typist, Secretary I, Secretary, and Custodian should be the same as other workers of the City of North Platte in the same classification under Ordinance 2092 adopted July 15, 1978 (Exhibit J-1) and related documents.
7. Economic "Deflator".
Defendant introduced evidence and expert opinion that the median city income, per capita income by city, per capita income by county, and per household income for North Platte was lower than the other Nebraska first class cities in the comparative array. Relying on the rules enunciated in Lincoln Fire Fighters Assn. v. City of Lincoln , 198 Neb. 174, 252 N.W.2d 607 (1977), the Defendant argued in its post hearing brief that the wages paid by other Nebraska police departments should be reduced by 5.45% in comparing them with North Platte's present wages. The Lincoln Fire Fighters decision relied upon a comparison with Des Moines, Cedar Rapids and Davenport, Iowa; Wichita, Topeka, and Kansas City, Kansas; St. Paul, Minnesota; and Springfield Missouri. The Supreme Court reversed the Court of Industrial Relations because the Court of Industrial Relations did not take into account items of economic dissimilarity contained in the evidence. Among the factors involved in Lincoln Fire Fighters were items pertaining to amount of manufacturing, extent of unionization, and median income.
From the evidence in this case, we find that the Defendant has not established a correlation between median city income, per capita income by city, per capita income by county, and per household income and the wages of police officers. In fact, the evidence of the actual wages paid police officers throughout the other six Nebraska cities (Columbus, Fremont, Grand Island, Hastings, Kearney, and Norfolk) shows that there is no such correlation.
Additionally, in Lincoln Fire Fighters , the fire departments compared with Lincoln were exclusively outside of the State of Nebraska. In the present case, the compared police departments are exclusively within the State of Nebraska. In a determination under Section 48-818 where all of the comparables are within the State of Nebraska, it is appropriate to consider economic dissimilarities in selecting the proper array. Economic dissimilarities constitute one of the reasons for not including Bellevue in the array in this case despite the stipulation of the parties for its inclusion. Economic dissimilarities constitute one of the reasons for excluding LaVista and South Sioux City. Having done so, however, neither the language nor the policy of Section 48-818 requires that the remaining Nebraska comparables be further adjusted in this instance.
Section 48-818 requires that the court "shall establish rates of pay and conditions of employment which are comparable to the prevalent wage rates 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 conditions." The section, itself, does not refer to economic dissimilarities. The policy underlying this statutory formula is to promote an identity of salaries for workers doing the same work under the same or similar working conditions. It is designed to provide that if the parties cannot arrive at an agreement, the wages and working conditions will be those of the "peers" of the parties. It is designed to produce a sameness among this peer group, which the Court of Industrial Relations decisions refer to as the comparative array. To allow Nebraska governmental units to inject the highly controversial element of economic dissimilarities into litigation of this type would be to defeat one of the policies of the statute. It would encourage litigation rather than voluntary agreements. Such a rule would tend to produce disharmony among Nebraska communities rather than foster harmony.
Prior to 1969, Section 48-818 did require a comparison of the wages of public employees with other employees in the same community. This is essentially what Defendant's evidence seeks to do in this instance by its reliance on median city income, per capita income, and per household income, without any direct correlation of those factors to the level of police department wages. The 1969 Legislature deleted that requirement from Section 48-818 (Legislative Bill No. 15, 1969) and the Court should not now reinstate it as a statutory requirement.
The recent decision in Nebraska City Education Assn. v. School District of Nebraska City , 201 Neb. 303, 267 N.W.2d 530 (1978), held that the statutory requirements of Section 48-818 are mandatory in making wage determinations. It affirmed a decision that the Court of Industrial Relations cannot take "ability to pay" into consideration. The opinion states (201 Neb. at 305-306):
"In Crete Education Assn. v. School Dist. of Crete, 193 Neb. 245, 226 N.W.2d 752 (1975), we stated: '*** section 48-818, R.R.S. 1943, further refines the definition of 'comparable' and specifies certain items to be considered in determining comparability under that section. The definition as set forth in the above section is, of course, controlling." In Bank of Gering v. Glover, 192 Neb. 575, 223 N.W.2d 56 (1974) we observed that "unless the context indicates otherwise, the use of the word 'shall' purports a mandatory obligation.
"Appellant's contention is without merit. Section 48-818, R.R.S. 1943, states specifically those factors which the Court of Industrial Relations shall look to when establishing wage rates and conditions of employment in disputes before it. Section 48-818, R.R.S. 1943, makes no mention of or reference to the school district's 'ability to pay.'
"The maxim 'expressio unius est exclusio alterius' is applicable here. '***where a statute or ordinance enumerates the things upon which it is to operate, or forbids certain things, it is to be construed as excluding from its effect all those not expressly mentioned, unless the legislative body has plainly indicated a contrary purpose or intention.' Starman v.Shirley, 162 Neb. 613, 76 N.W.2d 749 (1956). See, also Harrington v. Grieser, 154 Neb. 685, 48 N.W.2d 753 (1951); Ledwith v. Bankers Life Ins. Co., 156 Neb. 107, 54 N.W.2d 409 (1952). Had the Legislature wanted the Court of Industrial Relations to consider factors such as 'ability to pay,' when setting wage rates and conditions of employment it would have specifically provided therefor. We cannot rewrite the statute under the guise of interpretation. As we observed in School Dist. of Seward Education Assn. v. School Dist. of Seward, 188 Neb. 772, 199 N.W.2d 752 (1972), '***defendant is making his contentions in the wrong forum. The might appropriately be addressed to the Nebraska Legislature***.'"
The rule of Lincoln Fire Fighters serves a different and necessary purpose when comparisons outside of the State of Nebraska become necessary due to the lack of comparables within the State of Nebraska. In that situation, Nebraska comparables can no longer be used as the "yardstick". It becomes necessary to adjust for economic dissimilarities between the State of Nebraska and other states in order to properly calibrate the measures of the yardstick. It is entirely appropriate in serving the objectives and policies of Section 48-818 to adjust for possible economic dissimilarities when comparing areas outside of the State of Nebraska without evidence that those dissimilarities directly affect the wages in question. Within the State of Nebraska, however, different objectives and policies are at stake. The legislative rule and policy within the State of Nebraska is clearly one of comparable pay for the same or similar work performed under the same or similar working conditions. To the extent there are possible economic dissimilarities in Nebraska, that can ordinarily be handled properly by the selection of a balanced array. When the possible economic dissimilarities are shown to have a bearing upon the wages in question, an adjustment will be made even within the State of Nebraska. Section 48-818 does not require adjustment of the compared wages in the state of Nebraska for generalized economic dissimilarities which are not shown to have a bearing upon the wages in question.
These rules are set out in Syllabus in Fremont Education Association v. School District of Fremont , 3 CIR Adv. 492 (1978):
"2. Adjustments for possible economic differences are generally not required within the relative homogeneity of the State of Nebraska where we use the parameters of geography, size, inter school contacts and a balanced array to determine comparability of work, skills and working conditions.
"3. The only exception to the rule of not adjusting for possible economic differences within the relative homogeneous market in the State of Nebraska other than by choice of array would be the presentation of evidence demonstrating a bearing on the salaries in question."
The evidence of possible economic differences in the present case does not establish that North Platte Police wages should be less than those of the other Nebraska first class cities included in the array. Similar expert testimony was presented in the pending North Platte Fire Fighters case (No. 288) and is being rejected there for these same reasons of failing to establish a bearing upon the wages in question under the statutory criteria of Section 48-818. We hold that the wages paid in other comparable Nebraska police departments need not be subjected to a "deflator" factor in making the determinations under Section 48-818 in this case.
8. Determination as to "Overall Compensation."
Section 48-818 states that "In establishing wage rates the court shall take into consideration the overall compensation presently received by the employees, having regard not only to wages for time actually worked but also to wages for time not worked including vacations, holidays, and other excused time, and all benefits received, including insurance and pensions, and the continuity and stability of employment enjoyed by the employees." This rule of overall compensation does not require an identity of benefits, but that the overall compensation be "comparable to the prevalent wage rates paid and conditions of employment for the same or similar work of workers exhibiting like or similar skills under the same or similar working conditions." These determinations must be made on the basis of the evidence introduced by the parties in the trial of the case. The determinations under Section 48-818 may, therefore, vary from case to case depending upon the evidence introduced by the parties. They may vary with respect to different categories of employees interested in the same case depending upon the evidence introduced by the parties in a particular case.
Applying the statutory requirements to the evidence in this case, we find that the wages of employees of the North Platte Police Department should be increased as follows, effective August 1, 1978:
(1) Police Officer I, Police Officer II, Patrolman, and Cadet by $.07 per hour ($12.12 per month for 173.2 hours);
(2) Detective, Sergeant, Court Coordinator Sergeant, and Youth Investigator by $.10 per hour ($17.32 per month for 173.2 hours);
(3) Lieutenant by $.16 per hour ($27.71 per month for 173.2 hours); and
(4) Clerk Typist, Secretary I, Secretary, and Custodian to the same wages as other workers of the City of North Platte in the same classifications under Ordinance 2092 adopted July 15, 1978 (Exhibit J-1) and related documents.
No wage adjustment should be ordered for the classification of Detective Sergeant.
The conditions of employment for Police Officer I, Police Officer II, Patrolman, Cadet, Detective, Sergeant, Court Coordinator Sergeant, Youth Investigator, and Detective Sergeant should be adjusted as follows:
(1) The employees should receive time and one half for more than 40 hours per week (except that this shall not apply to off-duty court time) effective August 1, 1978;
(2) The probationary period should be reduced from 18 months to 6 months effective the beginning of the first full pay period after the date of this Order; and
(3) the City should contribute an additional $30.00 per month to family insurance coverage of those employees having such insurance, effective August 1, 1978.
No adjustment is ordered for any other condition of employment for these police employees.
The conditions of employment for clerk typist, Secretary I, Secretary, and Custodian should be the same as other workers of the City of North Platte in the same classifications under Ordinance 2092 adopted July 15, 1978 (Exhibit J-1) and related documents, effective August 1, 1978.
No adjustment of wages or conditions of employment should be ordered for Chief Dispatcher, Radio Maintenance Dispatcher, Dispatcher, and Humane Officer.
9. Contempt Order.
On March 19, 1979, the Court entered an Order finding the Defendant to be in contempt of court. Subsequently, on April 10, 1979, the Nebraska Supreme Court stated in University Police Officers Union v. University of Nebraska , 203 Neb. 4, 17, that "Upon failure of the public employer to cease and desist, action must be brought by the employee in the appropriate District Court seeking to hold the public employer guilty of contempt of court." On April 12, 1979, the Court ordered the parties to show cause why the contempt order should not be vacated and set aside, a hearing on which was held April 27, 1979. The Court now finds that the Order entered March 19, 1979 should be vacated and set aside.
IT IS THEREFORE ORDERED that:
A) the wages of employees of the North Platte Police Department shall be increased as follows, effective August 1, 1978:
(1) Police Officer I, Police Officer II, Patrolman, and Cadet by $.07 per hour ($12.12 per month for 173.2 hours);
(2) Detective, Sergeant, Court Coordinator Sergeant, and Youth Investigator by $.10 per hour ($17.32 per month for 173.2 hours);
(3) Lieutenant by $.16 per hour ($27.71 per month for 173.2 hours); and
(4) Clerk typist, Secretary I, secretary, and Custodian to the same wages as other workers of the City of North Platte in the same classifications under Ordinance 2092 adopted July 15, 1978 (Exhibit J-1) and related documents.
B) The conditions of employment for Police Officer I, Police Officer II, Patrolman, Cadet, Detective, Sergeant, Court Coordinator Sergeant, Youth Investigator, and Detective Sergeant shall be adjusted as follows:
(1) The employees shall receive time and one half for more than 40 hours per week (except that this shall not apply to off-duty court time) effective August 1, 1978;
(2) The probationary period shall be reduced from 18 months to 6 months effective the beginning of the first full pay period after the date of this Order; and
(3) The City shall contribute an additional $30.00 per month to family insurance coverage of those employees having such insurance, effective August 1, 1978.
C) The conditions of employment for clerk typist, Secretary I, Secretary, and Custodian shall be the same as other workers of the City of North Platte in the same classifications under Ordinance 2092 adopted July 15, 1978 (Exhibit J-1) and related documents,effective August 1, 1978.
D) The Order of this Court entered March 19, 1979, pertaining to contempt of court is hereby vacated and set aside.
This Order shall be effective for wages and conditions of employment for the period from August 1, 1978, to July 31, 1979.
Judges Kratz, McGinley, Gradwohl, and Orr join in the entry of this Opinion and Order.
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