5 CIR 356 (1982)


Plaintiff, |
Defendant. |

Before: Judges Berkheimer, Orr and Davis


This matter was heard by the Commission en banc on the record pursuant to the Commission's Order of January 14, 1982. Briefs were submitted by Theodore L. Kessner of Crosby, Guenzel, Davis, Kessner & Kuester for the Plaintiff and by John F. Recknor of Barlow, Johnson, DeMars & Flodman for the Defendant and were considered by the Commission.

Both parties in their briefs contend that the Order entered January 4, 1982 is a departure from prior decisions of the Commission. The statutes require that each case must be decided upon the basis of the evidence presented in the record in that individual case. See Sections 48-809, 48-812, and 48-817. The evidence does not warrant in this case, as it has justified in other cases, the establishment of a broader form of index salary schedule than the calculations contained in the Order entered January 4, 1982. With respect to the employments shown in the District's array, the evidence does not show any method or factors upon which the rates of pay have been established in those districts, and accordingly, it is impossible on the record presented to determine how much the District 15 teachers would receive in terms of overall compensation were they employed in those schools.

In its Motion for Rehearing, the District contends that the Order with respect to health insurance requires back payment of health insurance premiums "without providing any benefit to the (employees represented by) the plaintiff" and in its brief contends that the Commission's Order with respect to health insurance should be in terms of covereage rather than in terms of cost to the employer. On January 4, 1982, the Commission ordered that "the District shall pay amounts for health insurance premiums of $41.40 per month toward single coverage." The District contends that it should be allowed to obtain benefits equivalent to the Blue Cross/Blue Shield single coverage at a lesser cost than Blue Cross/Blue Shield coverage if possible.

The Commission's Order of January 4,1982 determined wages and conditions of employment for the entire 1981-1982 contract year and did so taking "into consideration the overall compensation" for that year as required by Section 48-818, R.R.S. 1943. Blue Cross/Blue Shield single coverage at a monthly premium of $41.40 was and is found to be a prevalent condition of employment among schools which were included in the array. No other carrier's coverage is in the record for comparison nor is any other cost for single coverage. The Commission finds that each of the District teachers should receive a cash payment of $41.40 per month for each month of the 1981-1982 contract year until such time as the District shall provide each teacher Blue Cross/Blue Shield health insurance at a premium of $41.40 per month.

IT IS THEREFORE ORDERED that Paragraph 3 of the Commission's Order of January 4, 1982 is hereby amended to read as follows:

3. The District shall as soon as practicable provide each of its teachers Blue Cross/Blue Shield single health insurance coverage at a premium of $41.40 per month, and the District shall pay to each teacher $41.40 per month for the period during the 1981-1982 contract year preceding such coverage. Any partial monthly payment resulting shall be pro rated on a daily basis.

IT IS FURTHER ORDERED that in all other respects the Commission's Order of January 4, 1982 is affirmed.

All Judges of the Commission join in the entry of this Opinion and Order.

Filed March 2, 1982