8 CIR 136 (1985)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

DISTRICT 8 ELEMENTARY TEACHERS | CASE NO 588
ASSOCIATION, An Unincorporated |
Association, |
|
Petitioner, |
|
v. | FINAL ORDER
|
SCHOOL DISTRICT NO. 8, DODGE |
COUNTY, NEBRASKA, also known as |
NORTH BEND ELEMENTARY SCHOOL, |
|
Respondent. |

MULLIN, J:

This matter came before the Commission on the "Request for Post-Trial Conference" filed by the Respondent. The Posttrial conference was held by conference call on July 24, 1985. The Petitioner was represented by its attorney, Mark McGuire. The Respondent was represented by its attorney, Rex Schultze.

The Respondent alleged that the Commission erred in basing its determination of the costs of fringe benefits for North Bend's teachers on the evidence offered by the Petitioner at trial. The Respondent wanted to offer Exhibit 15A as new evidence to establish fringe benefits costs different than those found in the recommended Findings and Order, issued July 24, 1985. The Respondent's offer of new evidence was objected to by the Petitioner and the objection was sustained. The Commission finds that the cost of fringe benefits contained in the recommended Findings and Order is based upon evidence contained in Exhibit 3, 4 and 5 that was not objected to.

The Respondent also sought a clarification of the following language contained on pages 8 and 9 of the recommended Findings and Order:

"However, the reimbursement is to be paid from and limited by sums due to each of the two teachers by reason of our adjustment in base salary".

The request for clarification of the meaning of the language of the recommended Findings and Order is overruled as being outside the scope of a posttrial conference as set forth in §48-816(7)(d), R.R.S.

The Respondent also objected to the inclusion of the school districts of Atkinson and Bassett in the array selected for comparison by the Commission. This objection is outside the scope of §48-816(7)(d) and is overruled.

IT IS, THEREFORE, ORDERED that the recommended Findings and Order of July 24, 1985 shall remain unchanged.

Entered July 24, 1985.

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