8 CIR 264 (1986)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

STATE CODE AGENCIES EDUCATION | CASE NO. 612
ASSOCIATION, An Unincorporated |
Association, |
|
Petitioner, |
|
v. | FINDINGS AND ORDER
|
DEPARTMENT OF CORRECTIONAL |
SERVICES, STATE OF NEBRASKA, |
|
Respondent. |

Appearances:

For the Petitioner: Mark D. McGuire

Crosby, Guenzel, Davis, Kessner & Kuester

400 Lincoln Benefit Building

Lincoln, Nebraska

For the Respondent: Charles E. Lowe

Assistant Attorney General

2115 State Capitol

Lincoln, Nebraska

Before: Judges Orr, Cope and Kratz

ORR, J:

This matter came on for a determination of teacher compensation for the teachers represented by the State Code Agencies Education Association at the Department of Correctional Services, which includes Developmental Centers at Kearney and Geneva, for the 1986-1987 contract year pursuant to Section 48-818. The figures from the evidence shows six teachers at Geneva and 15 teachers at Kearney.

The parties stipulated at trial that the only issue for resolution is base salary. They also stipulated that the work, skills and working conditions of the teachers in the jointly stipulated array are similar to those of the teachers at the Department of Correctional Services. They stipulated that the proposed array is appropriate and consists of Bruning, Clay Center, Henderson, Ravenna, Sandy Creek, Shelton, Sutton and Wood River. The stipulated array is the same as was utilized by the Commission in Case Number 534 involving the same parties.

Statute

We have jurisdiction over the parties and the subject matter of this action. State Code Agencies Education Association v. Department of Public Institutions, State of Nebraska , 219 Neb. 555, 364 N.W.2d 44 (1985). The controlling statute is Section 48-818 which states in part:

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 continuity and stability of employment enjoyed by the employees.

Comparable Employments

The Commission finds that the proposed array constitutes an appropriate array.

Base Salary

The parties stipulated at trial that the salaries given to the Commission have been adjusted for differences in contract days. Geneva has 185 contract days and Kearney has 188 contract days. See Winnebago Education Association v. School District of Winnebago , 8 CIR 138 (1985), District 8 Elementary Teachers Association v. School District No. 8, Dodge County, Nebraska , 8 CIR 126 (1985).

Determination As To "Overall Compensation"

Section 48-818 provides 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 work of workers exhibiting like or similar skills under 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.

Applying the statutory criteria of Section 48-818 to the stipulated evidence in the case, we find that the base salary for the 1986-87 contract year for teachers at the Department of Correctional Services shall be $13,543.

IT IS THEREFORE ORDERED:

1. That the base salary for teachers at the Department of Correctional Services shall be $13,543.00, effective at the beginning of the 1986-87 contract year.

2. This Order shall be effective for wages and conditions of employment with respect to the 1986-87 contract year.

All Judges assigned to the panel in this case join in the entry of this Findings and Order.

Entered March 6, 1986.

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