8 CIR 114 (1985)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

SNYDER EDUCATION | CASE NO. 584
ASSOCIATION, An |
Unincorporated Association, |
|
Petitioner, |
|
v. | POST-TRIAL
| CONFERENCE ORDER
SCHOOL DISTRICT NO. 39, |
DODGE COUNTY, NEBRASKA, |
also known as SNYDER PUBLIC |
SCHOOLS, a political Subdivision |
|
Respondent. |

Before: Judges Gradwohl, Kratz and Orr

GRADWOHL, J.

This matter came on for consideration of the District's request for a post-trial conference pursuant to Section 48-816(7)(d). The conference was held on June 10, 1985. Both parties were represented by counsel at the conference and both parties submitted written briefs on the issues raise in the District's Request For Post-Trial Conference filed June 3, 1985.

The issues pertaining to contract days and work hours have been fully considered and properly determined in the Findings and Order entered May 23, 1985. See also State Code Agencies Education Association v. Department of Public Institutions , 7 CIR 186, 192 (1984), affirmed 219 Neb. 555, 364 N.W.2d 44 (1985).

The District also questions the Commission's calculations concerning the two part-time teachers who elected to receive the cash option (a portion of $250.00 per year) in lieu of health insurance premiums paid by the District.

The calculations shown on Table 3 of the Findings and Order reflect the entitlement of these teachers to benefits provided by the comparable six school districts. The calculations in the "Determination as to 'Overall Compensation'" follow the Commission's practice of applying the comparable "overall compensation" to the District's "overall compensation" to be determined pursuant to Section 48-818.

The Commission's calculations allocate the comparable "overall compensation" first to the fringe benefits paid by the District (or ordered by the Commission to be paid). The remaining amount is then allocated to the wage calculations.

In making its fringe benefit calculations in this matter, the Commission treated the two-part time teachers electing the cash option as if they had elected to receive single health insurance coverage paid for by the District. As stated in note 2 on page 13 of the Findings and Order, the two teachers will continue to receive the cash option in lieu of health insurance coverage pursuant to the agreement of the parties. The difference between the actual cost of the cash option and single health insurance coverage will inure to the District.

The District contends that there should have been credited in the fringe benefit calculations the amount of dependent health insurance premiums ordered to be paid by the District in the Findings and Order. By that calculation, the amount of the wage order would be lowered and there would be a lower total cost to the District (since the District would not actually pay the premiums because of the cash options).

On the other hand, the Association argued that only the $250.00 cash option (or portion of the $250.00) should have been credited in the fringe benefit calculations. By the Association's method, the amount of the wage order would be increased and there would be an increased cost to the District.

Having reviewed these calculations, we determine that the calculations in the Findings and Order are proper under Section 48-818 and the evidence in the record.

It is hereby ordered that the Findings and Order entered herein on May 23, 1985, shall be the final order in this case.

All judges assigned to the panel in this case join in the entry of this Order.

Entered June 19, 1985

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