5 CIR 337 (1981)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

LEWISTON EDUCATION ASSOCIATION, | CASE NO. 430
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Plaintiff, |
|
v. | OPINION AND ORDER
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SCHOOL DISTRICT NUMBER 69 OF PAWNEE |
COUNTY, NEBRASKA, Also Known As |
LEWISTON CONSOLIDATED SCHOOLS, |
|
Defendant. |

Appearances:

For the Plaintiff: Theodore L. Kessner

Crosby, Guenzel, Davis, Kessner &

Kuester

400 Lincoln Benefit Building

Lincoln, Nebraska 69508

For the Defendant: Kelley Baker

308 Executive Building

521 South 14th Street

Lincoln, Nebraska 68508

Before: Judges Davis, Kratz, and Orr.

DAVIS, J:

This matter came on for a determination of wages and other conditions of employment for the Lewiston Consolidated Schools teachers for the 1981-1982 school contract year pursuant to Section 48-818. Lewiston is a Class II school district having 17.5 (full-time equivalent) teachers and a student enrollment for 1980-1981 of 185 students. The parties stipulated that there are two areas of dispute: 1) base salary, and 2) salary schedule structure (one extra step on BA + 36 or MA column). The Commission 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 Commission 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 work of workers exhibiting like or similar skills under the same or similar working conditions. In establishing wage rates the commission 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. Any order or orders entered may be modified on the commission's own motion or on application by any of the parties affected, but only upon showing a change in the conditions from those prevailing at the time the original order was entered.

2. Applicable Rules of Procedure, Evidence and Burden of Proof.

The procedure in the Commission of Industrial Relations must conform to the code of civil procedure applicable to the district courts of the state except as modified by Commission Rule or by a specific statute pertaining to the Commission. Section 48-812. See Fraternal Order of Police, Lodge No. 8 v. County of Douglas , 4 CIR 185 (1980). The Commission is bound to follow the rules of evidence applicable to the trial of civil cases. Section 48-809. See Plattsmouth Police Department Collective Bargaining Committee v. City of Plattsmouth , 205 Neb. 567, 288 N.W.2d 729 (1980). Decisions must be based solely upon evidence in the record or evidence of which a district court might take judicial notice. Section 48-817;

General Drivers and Helpers Union v. City of West Point , 204 Neb. 238, 281 N.W.2d 772 (1979).

The burden is on the moving party in a Section 48-818 determination to demonstrate that existing wages, hours of labor and conditions of employment are not comparable to the prevalent wage rates, hours of labor, and conditions of employment. The burden of proof is necessary, regardless of which party introduces the evidence. Lincoln Fire Fighters Association v. City of Lincoln , 198 Neb. 174, 178, 252 N.W.2d 607, 610 (1977).

3. Comparables.

The parties stipulated at trial that the work, skills and working conditions of the teachers employed by the Lewiston Public Schools and the teachers employed at the compared to school districts are similar, and satisfy the standards set forth in Section 48-818 to permit a comparison of terms and conditions of employment if included in the array of compared to school districts by the Commission.

The evidence in this case as to the compared to school districts, in addition to the stipulation as to work skills and working conditions, consists of the size and ranking of the schools by student enrollment, county, geographic proximity to Lewiston, and the contacts with Lewiston in athletic and non-athletic activities.

From the evidence in the record (Exhibits 1-7, 12-15), it is determined that a suitable array for the purposes of Section 48-818 should consist of teachers in the following school districts: Adams, Diller, Filley, Johnson-Brock, Nemaha Valley, Odell, Sterling, and Table Rock. The school districts selected for comparison are similar to Lewiston in student enrollment and athletic conference. All of the schools selected are within 45 miles of Lewiston. The schools have athletic contacts with Lewiston in some of the following sports: volleyball, boys and girls basketball, and football. Lewiston and the schools selected have non-athletic contacts in music festivals and the student vocational organizations of Future Homemakers of America and Future Farmers of America.

4. Determination as to "Overall Compensation."

Section 48-818 provides that "In establishing wage rates the commission 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 maintained 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, R.R.S. 1943, may, therefore, vary from case to case depending upon the evidence introduced by the parties.

The two items for determination by the Commission are: 1) base salary and 2) salary schedule structure (one extra step on BA + 36 or MA column).

The evidence establishes the following salary and fringe benefit comparison as compiled in Table 1.

Table 2 compared part of the salary schedule structure (from BA + 36 or MA to MA + 18) of the schools selected for comparison to Lewiston.

Applying the evidence in this case, we find that effective at the beginning of the 1981-1982 school contract year the base salary amount for Lewiston teachers shall be $11,240.00. In reviewing the index salary schedule structures of the compared to school districts we find that five of the eight schools in the array have more than ten steps on the BA + 36 or MA column (Table Rock) or MA column (Diller, Filley, Nemaha Valley, and Odell). We, therefore, find that effective at the beginning of the 1981-1982 school contract year there shall be one additional step or 11 steps on the BA + 36 or MA column of Lewiston's index salary schedule. This increase in base salary amount and number of steps on the index salary schedule structure represents a standard salary schedule of $256,047.20 (base salary amount of $11,240.00 times the staff index factor of 22.78), fringe benefits of $12,814.50, making the overall compensation $268,861.70.

IT IS THEREFORE ORDERED THAT:

1. The base salary amount for Lewiston teachers shall be $11,240.00 effective at the beginning of the 1981-1982 school contract year.

2. The index salary schedule structure for Lewiston teachers shall have 11 steps on the BA + 36 or MA column.

3. This order shall be effective for wages and conditions of employment with respect to the 1981-1982 school contract year. The adjustments resulting from this Order shall be made ratably over the twelve months of the school contract year. The amount due for the portion of the school contract year already elapsed shall be paid as soon as feasible following the entry of this Order.

All Judges assigned to the panel in this case join in the entry of this Opinion and Order.

Entered December 31, 1981.

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