4 CIR 94 (1979)

IN THE NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

ORCHARD TEACHERS ASSOCIATION, An | CASE NO. 308
Unincorporated Association, |
|
Petitioner, |
|
v. | OPINION AND ORDER
|
SCHOOL DISTRICT NUMBER 49 OF |
ANTELOPE COUNTY, NEBRASKA, A |
Political Subdivision, also known |
as ORCHARD PUBLIC SCHOOLS, |
|
Respondent. |

Appearances:

For the Petitioner: Theodore L. Kessner.

For the Respondent: James B. Gessford

Before: Judges Orr, Kratz and Wall.

ORR, J.:

A hearing was held in the above captioned case on September 20, 1979. The Petitioner, Orchard Teachers Association, seeks a Section 48-818 determination of base salary, paid health insurance and sick leave.

The Respondent, School District No. 49 of Antelope County, Nebraska, is a Class II school district so the provisions of the Teacher's Professional Negotiation Act are not applicable.

The parties are in some disagreement as to which school districts the Commission should look to in constructing an array of total teacher compensation. The districts offered by Petitioner are set forth on Table I.

Respondent objected to the inclusion of Keya Paha County School for the reason that it is a Class VI district and also one hundred five miles from Orchard. Respondent did not include Naper School District because it has only ninety-two students and is seventy nine miles away. Respondent proposes the array set out in Table II.

The parties are agreed on Lynch, Niobrara, Verdigre and Spencer, all in the Niobrara Valley Conference. Also, there was not any objection to Elgin and Clearwater. Respondent includes Butte, Ewing and Stuart of the Niobrara Conference. Ewing and Stuart should be excluded for the reason that insufficient data was presented to make a comparison. Keya Paha County High School is a Class VI school and one hundred five miles from Orchard and should be excluded. The other conference schools appear to be representative and should be included. Nebraska City Educational Association v. School District of Nebraska City , 2 CIR 116 (1974).

The resulting array of total teacher compensation is set out in Table III.

The mean of the array is $213,712 and the median is $215,347. Working from the approximate midpoint, the Commission finds that the salary for the Orchard teachers during the 1979-80 school year should be $9,175. This permits the employer's insurance contributions to be $31.30 per month for single teachers and $41.70 per month for each family unit. The total teacher compensation for Orchard for the 1979-80 school year would be $215,332.

To attain conditions of employment comparable to the prevalent, the School District should provide seven days annual sick leave accumulative to thirty five days.

IT IS THEREFORE ORDERED:

1.That the base pay for the Orchard teachers for the 1979-80 school year shall be $9,175;

2.That the respondent School District shall contribute for health and accident insurance $31.30 per month for each single teacher and $41.70 per month for each teacher with a family; and

3.Respondent School District shall provide seven days paid annual sick leave accumulative to thirty-five days.

All Judges assigned to the Panel join in this Opinion and Order.

Filed November 15, 1979.

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