|AUBURN EDUCATION ASSOCIATION, An|||||CASE NO. 336|
|vs.|||||OPINION AND ORDER|
|THE SCHOOL DISTRICT OF AUBURN, IN THE||||
|COUNTY OF NEMAHA, IN THE STATE OF||||
|NEBRASKA, A Political Subdivision,||||
For the Plaintiff: Theodore L. Kessner
For the Defendant: Richard H. Hoch
Before: Judges Orr, Wall and McGinley.
This case involves a determination of wages and conditions of employment pursuant to Section 48-818 of the Nebraska Revised Statutes. By stipulation, the parties agreed that there is only one item in dispute, that being the base salary.
Plaintiff proposed the following districts as an appropriate array:
Defendant proposed the following as appropriate districts for their array:
Both the Plaintiff and the Defendant agreed on the appropriateness of Crete, Fairbury, Falls City, Nebraska City, Plattsmouth, Southern Wymore and Syracuse. Defendant offered testimony that the only contact that Auburn would have with Blair was an occasional meeting during basketball toumaments. Evidence before the Commission shows that the enrollment of Blair is 1,931 and the enrollment of Defendant is 1,081. Blair is almost twice the size of Defendant. Furthermore, Defendant argued that because of Blair's proximity to Omaha, it is subjected to metropolitan influence and thus dissimilar to Defendant. Considering the size of the enrollment, the distance from Defendant and the geographical location, Blair is not comparable with Defendant. Defendant adduced testimony that Norris School District was comparable based upon the interrelationships between the Defendant and the Norris School District. Based upon the evidence adduced, the size of the school and the location, Norris School District is comparable.
On direct examination, Defendant's witness, Albert C. Austin, Superintendent of Schools, testified that Defendant District did not have any relationship with Arlington, Raymond Central, Ashland-Greenwood and Wahoo. Based upon Defendant's own evidence, Wahoo, Arlington, Raymond Central and Ashland-Greenwood are not comparable. The evidence of both Petitioner and Defendant support the inclusion of Springfield and Waverly in the array. Therefore, an appropriate array would include Crete, Fairbury, Falls City, Nebraska City, Norris, Plattsmouth, Southem Wymore, Springfield, Syracuse and Waverly.
The parties stipulated that the teachers in all 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).
The total compensations of each of the compared to school districts are set out below in Table I.
The parties stipulated that the fringe benefits for Defendant total $68,491.90 for the 1979-80 year. Using the figures set out in Table I, the median total compensation figure is $1,014,448.50 and the mean is $1,010,450.91. With a bases alary of $9,750, the total compensation for Defendant Auburn would be $1,011,868, which is comparable to the prevalent.
IT IS THEREFORE ORDERED:
That the base salary for the teachers in the Defendant School District shall be Nine Thousand Seven Hundred Fifty Dollars ($9,750) 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 February 26, 1980.