| BRUNING EDUCATION ASSOCIATION, An | | | CASE NO. 309 |
| Unincorporated Association, | | | |
| | | ||
| Plaintiff, | | | |
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| v. | | | OPINION AND ORDER |
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| SCHOOL DISTRICT NUMBER 94, OF | | | |
| THAYER COUNTY, NEBRASKA, A | | | |
| Political Subdivision, | | | |
| | | ||
| Defendant. | | |
Appearances:
For the Plaintiff:Theodore L. Kessner.
For the Defendant: Kelley Baker
Before: Judges Orr, Kratz and McGinley.
ORR, J.:
This case involves a determination of wages and conditions of employment pursuant to Section 48-818. By stipulation, the parties agreed that there were four items in dispute, to-wit:
1. Base salary;
2. Index salary schedule;
3. Paid sick leave;
4. Grievance procedure.
Prior to impasse, the parties reached agreement on the health insurance whereby the Defendant would pay Eighty-three Dollars and Forty Cents ($83.40) per month for family coverage and Thirty-one Dollars and Thirty Cents ($31.30) per month for single coverage.
The parties have selected nine of the same districts for their proposed array. Plaintiff offered Giltner which was not included in Defendant's array. Defendant offered testimony that Giltner would no longer be in the school conference after this academic year and was seventy plus miles away. Also, Defendant objected to Giltner on the basis of enrollment. However, Giltner has less enrollment than Shickley and Roseland which are used in Defendant's proposed array. Likewise, Trumbull is further away. Considering all factors and evidence, Giltner is comparable.
Defendant included Bladen, which was not included by the Plaintiff. Plaintiff adduced testimony that Bladen was comparable and should have been included. Therefore, Bladen will be included in the array along with Giltner, Ruskin, Guide Rock, Campbell, Milligan, Chester-Hubbell, Davenport, Roseland, Trumbull and Shickley.
The parties stipulated that teachers in all of the districts listed above exhibit like or similar skills under the same or similar working conditions.
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. Hall Teachers Association v. School District Number 5 , Lincoln County, Nebraska , 4 CIR 114 (1979).
Plaintiff is proposing a base salary of Nine Thousand Three Hundred Dollars ($9,300.00); a salary schedule with index factors of four percent vertically and four percent horizontally, with columns for each nine hours of advanced educational attainment beyond the BA degree, with six steps in the BA column, nine steps in the BA+9 column; nine steps in the BA + 18 column, ten steps in the BA + 27 column, eleven steps in the MA column, twelve steps in the MA + 9 column and thirteen steps in the MA + 18 column; annual paid sick leave of ten days, accumulative to thirty-five days; and a formal grievance procedure set out in detail in Exhibit 8.
Defendant proposed a base salary of Nine Thousand Two Hundred Dollars ($9,200.00); a salary schedule with index factors of four percent vertically and four percent horizontally, with six steps in the BA column, seven steps in the BA + 9 column, Nine steps in the BA + 18 column, ten steps in the BA + 27 column and ten steps in the MA column; annual paid sick leave of nine days, accumulative to thirty days; and to leave the present grievance procedure unchanged.
The total compensations of each of the compared to districts are set out below in Table I.
The existing 1979-'80 salary index schedule for Bruning is as follows:
The salary index schedule of the districts in the selected array are set out in Table III below.
To be comparable, Bruning's salary schedule should be an index with four percent horizontal factors and four percent vertical factors, with six steps in the BA column, seven steps in the BA + 9 column, nine steps in the BA + 18 column, ten steps in the BA + 27 column, eleven steps in the MA column and eleven steps in the MA + 18 column. The staff index factor for the Bruning teachers on the new schedule is 20.94. Using the figures set out in Table I, the median total compensation figure is $205,842.00 and the mean is $206,764.00. The parties stipulated that the fringe benefits for Bruning total $13,887.60 for the 1979-80 year. With the base salary of $9,200.00, the total compensation for Bruning would be $206,535.00 which is comparable to the prevalent.
Likewise, to be comparable to the prevalent, Defendant School District should provide nine days annual sick leave accumulative to thirty days.
The final issue to be resolved is whether the Defendant should be required to adopt a new grievance procedure. Plaintiff proposed a grievance procedure as set out in Exhibit 8. The School District presently has a grievance procedure which apparently has worked satisfactorily. This plan was adopted by the School District in October, 1977. Although the present plan is not as complete as the one proposed by the Plaintiff, it appears to be adequate.
IT IS THEREFORE ORDERED:
1. The base salary for the teachers in the Defendant School District shall be Nine Thousand Two Hundred Dollars ($9,200.00).
2. The index salary schedule shall contain six steps in the BA column; seven steps in the BA + 9 column; nine steps in the BA + 18 column; ten steps in the BA + 27 column; eleven steps in the MA column and eleven steps in the MA + 18 column.
3. That Defendant School District shall provide nine days annual sick leave accumulative to thirty days;
4. The present grievance procedure adopted by the School District shall remain unchanged.
5. This Order shall be effective for the 1979-80 contract year.
All Judges assigned to the panel in this matter join in the entry of this Opinion and Order.
Filed January 18, 1980.
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