9 CIR 199 (1987)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

GRAND ISLAND EDUCATION | Case No. 662
ASSOCIATION, |
|
Petitioner, |
|
v. | FINAL ORDER
|
SCHOOL DISTRICT OF GRAND ISLAND, |
IN THE COUNTY OF HALL, IN THE |
STATE OF NEBRASKA, |
|
Respondent. |

Appearances:

For the Petitioner: Mark D. McGuire

Crosby, Guenzel, Davis, Kessner & Kuester

400 Lincoln Benefit Building

Lincoln, Nebraska 68508

For the Respondent: L. Bruce Wright

Cline, Williams, Wright, Johnson

& Oldfather

1900 FirsTier Bank Bldg.

Lincoln, Nebraska 68508

Before: Judges Orr, Kratz, Mullin, and Cope; Mullin dissenting as to array selection only.

ORR, J:

This matter came on for hearing before the Honorable Jeffrey L. Orr upon Petitioner's Motion for Post Trial Conference and Respondent's Request for Post-Trial Conference. The hearing was held on the l5th of September, l987 in Kearney, Nebraska. Appearing for Petitioner was Mark D. McGuire and for Respondent, L. Bruce Wright.

Each party, through its attorney, argued in support of its Motion. The Petitioner's main objection to the Commission's decision was the selection of the array. Much time and consideration went into the selection of the array by the Commission. Our decision was neither "politically motivated" nor "arbitrary" as suggested by the Petitioner, but rather was based upon the evidence presented at trial by both parties. The exclusion of Lincoln, Millard and Bellevue is supported by the evidence and the array selected by the Commission shall remain unchanged.

Respondent's main objection to the decision rendered by the Commission was our rejection of its argument to alter the salary schedule. It has long been our position that differences as to salary schedules are best solved by the parties if at all possible. The nature and structure of a salary schedule is generally the result of years of negotiation and agreement. Any change in salary schedule has substantial effect on the parties involved. Therefore, the relief sought by the Respondent is denied.

Therefore, our Findings and Order shall remain unchanged.

MULLIN, J.: DISSENTING, as to the array selection only.

Entered September 25, l987.

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