|WEST POINT EDUCATION ASSOCIATION, An|||||CASE NO. 431|
|THE SCHOOL DISTRICT OF WEST POINT, IN||||
|THE COUNTY OF CUMING, IN THE STATE OF||||
|NEBRASKA Also Known As WEST POINT||||
|PUBLIC SCHOOLS, A Political Subdivision,||||
Before: Judges Berkheimer, Davis, Kratz
The plaintiff Association alleged in its Petition and the Defendant District admitted in its Answer that the Association is a "labor organization" and that the District is an "employer" as those terms are defined in Section 48-801 R.R.S. 1943, that the District recognized the Association as bargaining representative for the teachers employed by the School District for the 1981-1982 contract year, that the Association and the District met and negotiated in good faith in accordance with the terms of the Nebraska Teachers Professional Negotiation Act, and that such negotiations resulted in agreement between the parties on the items which were the subject of voluntary negotiations, but that the District refused to bargain on the issues of a grievance procedure and reduction in force policy. The parties have stipulated that the
matters in dispute between the parties may be deemed submitted to the Commission on the Petition and Answer, that there is no dispute that a grievance procedure is a mandatory subject of collective bargaining, that the economic impact of the School District's reduction in force policy on the members of the bargaining unit represented by the Association is mandatorily bargainable, and that the Commission may enter such orders as it deems appropriate compatible with the stipulation.
Upon consideration of the foregoing the Commission finds generally that the Association's factual allegations in its petition admitted by the District in its Answer are true and upon such admitted allegations the Commission specifically finds and concludes:
1. That an industrial dispute exists as defined in Section 48-801(7) Nebraska R.R.S. 1943 with respect to the Association seeking to arrange terms and conditions of employment and the District refusing to discuss terms and conditions of employment consisting of the Association seeking and the District refusing to bargain on the issues of grievance procedure and reduction in force policy.
2. That by the parties reaching agreement on all issues voluntarily negotiated by them under the Teachers Professional Negotiations Act, the provisions of the Act have been exhausted without resolution of the dispute involved, and the Commission therefore has jurisdiction to settle the dispute.
3. That the district should be ordered to bargain in good faith on the issue of a grievance procedure.
4. That with respect to the issue of reduction in force policy, the parties should be ordered to bargain in good faith only regarding the economic impact of the District's reduction in force policy on the teachers employed by the District.
IT IS THEREFORE ORDERED that the Defendant District bargain in good faith with the Plaintiff Association regarding the grievance procedure and that with respect to a reduction in force policy, the parties bargain in good faith only regarding the economic impact of the Defendant District's reduction in force policy on the teachers employed by the District.
IT IS FURTHER ORDERED that the hearing herein heretofore ordered, having been informally continued at the oral request of the parties pending the above referred to stipulation, be now cancelled.
All of the Judges assigned to the panel in this case concur in the foregoing Order.
Entered November 23, 1981.