5 CIR 416 (1982)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

COLERIDGE TEACHERS ASSOCIATION, | CASE NO. 446
An Unincorporated Association, |
|
Petitioner, |
|
v. | OPINION AND ORDER
|
THE SCHOOL DISTRICT OF |
COLERIDGE, IN THE COUNTY OF |
CEDAR, IN THE STATE OF NEBRASKA, |
Also Known As COLERIDGE |
COMMUNITY SCHOOLS, |
|
Respondent. |

Appearances:

For the Petitioner:Theodore L. Kessner

Crosby, Guenzel, Davis,

Kessner & Kuester

400 Lincoln Benefit Building

Lincoln, Nebraska

For the Respondent: Wayne E. Boyd

Smith, Smith & Boyd

2601 Dakota Avenue

South Sioux City, Nebraska

Before: Judges Orr, Kratz, and Gradwohl

ORR, J:

This matter came on for a determination of wages and other conditions of employment for Coleridge Community Schools Teachers for the 1981-1982 school contract year pursuant to Section 48-818. Coleridge is a Class III School District employing 23 teachers (21.8 full-time equivalent) and has a student enrollment for the 1981-1982 school year of 236 students.

The issues for resolution are:

1. Base salary.

2. Salary schedule - index factors.

3. Paid health insurance premium for teachers with dependents.

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 a showing of a change in the conditions from those prevailing at the time the original order was entered.

2. Comparable School Districts.

The Association presented the following array of seven school districts: Allen, Hartington, Laurel, Osmond, Wausa, Winside, and Wynot. The District presented the same seven school districts plus the following eight school districts: Bancroft, Beemer, Emerson-Hubbard, Homer, Newcastle, Ponca, Wakefield, and Walthill. The parties presented expert testimony that the teachers employed by the school district at Coleridge and teachers employed by the school districts in their respective arrays performed similar work utilizing similar skills under similar working conditions. Record of Hearing, pages 16, 47.

Both parties offered evidence as to the similarity of the school districts submitted for comparison which consisted of: student enrollment and rank; county; miles distant from Coleridge; athletic conference, divisions, and class; school district class: II or III; and community of interest demonstrated by athletic, non-athletic, and administrative ties.

Table 1 sets out some of the information about the school districts in the proposed arrays.

From the evidence in this case, it is determined that a suitable array for the purposes of Section 48-818 should consist of teachers in the following school districts: Allen, Bancroft, Beemer, Hartington, Homer, Laurel, Newcastle, Osmond, Ponca, Wakefield, Walthill, Wausa, Winside, and Wynot. All of these school districts have a similar student enrollment, are within a 64 mile radius of Coleridge, and have a community of interest through their membership in the Lewis and Clark Athletic Conference as well as non-athletic contacts and an interchange of both administrative and teaching personnel.

We decline to include Emerson-Hubbard for the reason that its student enrollment is larger than the established parameters (i.e., one-half to twice the enrollment) the Commission uses in most circumstances. Tecumseh Educ. Ass'n v. School Dist. , 2 CIR No. 119 (1975); Beatrice Educ. Ass'n v. School Dist. , 3 CIR 323 (1978); School Dist. of Norfolk v. Norfolk City Educ. Assn , 5 CIR 45 (1980); District 15 Educ. Assn v. School Dist. , Opinion, January 4, 1982.

3. Determination as to "Overall Compensation."

Section 48-818 states 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 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 three items for determination by the Commission are: 1) base salary 2) salary schedule-index factors, and 3) paid health insurance premium for teachers with dependents.

The evidence establishes the following salary and fringe benefit comparison as compiled in Table 2.

[NOTE: TABLE DELETED BUT HERE IS ONE OF THE FOOTNOTES ON AVERAGING:(d)In making the calculations, an was used. The total difference was less than by petitioner and respondent

$900. See Record of Hearing, page 43.]

The following Table 3 shows the index factors of the salary schedules in the school districts selected for comparison.

The following Table 4 shows the employer contribution toward health insurance monthly premiums for single and dependent coverage in the schools selected for comparison.

Applying the statutory criteria of Section 48-818 to the evidence in this case, we find that effective at the beginning of the 1981-1982 school contract year, the base salary amount for Coleridge teachers shall be $11,100.00 on a 4 x 4 index salary schedule and that the employer contribution to the dependent health insurance coverage shall be 93.40 per month. This represents a standard salary schedule of $316,083.60 (base salary amount of $11,100.00 multiplied by the staff index factor of 28.476), plus fringe benefits of $23,245.44 which makes total teacher compensation in Coleridge: $339,229.04.

IT IS THEREFORE ORDERED that:

1. The base salary amount for Coleridge Community Schools teachers shall be $11,100, effective at the beginning of the 1981-1982 school year.

2. The index factor for Coleridge's salary schedule shall be 4 x 4, effective at the beginning of the 1981-1982 school year.

3. The District shall contribute $93.40 per month towards dependent coverage in health insurance, effective at the beginning of the 1981-1982 school year. The District shall make a direct payment of the difference in the present contribution and the ordered contribution for the 1981-1982 school year already elapsed.

This Order shall be effective for wages and conditions of employment with respect to the 1981-1982 school 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.

Filed March 31, 1982

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