| RAYMOND DIBBERN, et. al., | | | CASE NO. 13 |
| | | ||
| Plaintiffs, | | | |
| | | ||
| v. | | | APPEAL TO NEBRASKA |
| | | SUPREME COURT DISMISSED | |
| THE CITY OF GRAND ISLAND, | | | DEC. 29, 1959, DOCKET |
| A Municipal Corporation, | | | NO. 34686 |
| et. al., | | | |
| | | ||
| Defendants. | | |
NOTE: SOME PUBLISHED ORDERS HAVE BEEN DEEMED TO BE NOT HELPFUL AND HAVE, THEREFORE, BEEN OMITTED FROM THIS FILE.
(Editor's Note: By their petition filed October 24, 1958, plaintiff's alleged, inter alia, that they were employees of the Line Department of the City Electric Department, sometimes called City Water and Light Department, of the City of Grand Island; that Consumers Public Power District operated an electric distribution system in the immediate vicinity of the City of Grand Island, and that such system was in the same labor market area as the system operated by the City, that the general type of work required for operation and maintenance of the electrical distribution system of Consumers and of the City was similar, requiring workers exhibiting like or similar skills under the same or similar working conditions, and that the scale of wages for the employees of the City was substantially lower than the scale of wages for employees in comparable positions of Consumers; that the employees of Consumers also received special benefits not received by employees of the City; that defendants had refused to enter negotiations with plaintiffs on these items; and prayed the Court to require defendants to meet the wage scale and special benefits "of Consumers Public Power District in the Grand Island area in all positions of the City Electric Department, comparable to those of Consumers Public Power District requiring similar skills and having similar working conditions..."
On November 24, 1958, defendants filed a special appearance objecting to the jurisdiction of the Court for the reason that no proper or legal service of summons had been had upon them.
On November 25, 1958, plaintiff's filed an application for interlocutory order stating, inter alia, that defendants special appearance was a sham, not true in fact and was intended for purposes of delay, and praying the Court to enter an interlocutory order requiring the defendant to pay to plaintiffs the wages paid to employees of Consumers.
On December 18, 1958, defendants filed a motion to make more definite and certain: (1) the employees of the City alleged to be similarly situated with reference to plaintiffs; (2) the names of and positions held by any other persons than the plaintiffs over whom the jurisdiction of the Court was alleged to be invoked, and the authority for such; (3) the skills of and the type of work performed by plaintiffs; (4) the number of workers performing the same work and exhibiting the same skills as were regularly employed by Consumers in, out of, or near the City; (5) the boundaries of and utilities included in the labor market area in which the City was alleged to be situated, and the wages, working conditions, hours of work and special benefits in effect in such labor market area for employees in comparable positions as held by plaintiffs; (6) the job classification and work performed in such by each of the plaintiffs and any other persons alleged to be involved in the proceeding.
On December 16, 1958, hearing was held on defendants' motion.)
This cause coming on to be heard upon motion of defendants to make the petition herein more definite and certain was argued by counsel and submitted to the Court, upon due consideration whereof it is by the Court ordered that said motion be, and it hereby is sustained in part and overruled in part. Plaintiffs' request made in open Court to amend their petition by interlineation is sustained and plaintiffs are given leave to amend their petition so that the prayer thereof reads as follows:
Wherefore, plaintiffs pray that this Court invoke its jurisdiction in this industrial dispute between plaintiffs and defendants and each of them, and require the defendants to meet the wage scale and special benefits of Consumers Public Power District in the Grand Island area or the labor scale and special benefits paid in the labor market area as determined by the Court, in all positions of the City Electric Department, comparable to those of Consumers Public Power District or said labor market area, requiring similar skills and having similar working conditions, more especially those comparable to the positions held by the plaintiffs herein; and for such other order or orders as may be appropriate to settle the industrial dispute between the plaintiffs and the defendants and each of them.
And in other respects the motion to make more definite and certain as to paragraph 5 is overruled.
It is further ordered that defendants shall have ten days from December 16, 1958 within which to answer or otherwise plead.
By The Court
Arthur J. Denney
Varro E. Tyler
(On December 26, 1958, defendants filed a demurrer, which was overruled by the Court on January 10, 1959.)
On January 26, 1959, defendants filed an answer alleging, inter alia, that the wages and working conditions of Consumers Public Power District in Grand Island and vicinity were not controlling on the City because they did not constitute a true labor market area. Consumers employing only four linemen while the City employed eighteen; that the wages and conditions of employment of employees of telephone companies and railroad companies should not be considered by the Court because the duties, abilities, training and skill of such employees were not comparable and the operations of such businesses were not comparable to electrical distribution systems generally and to that operated by the City in particular; that the fifty mile radius alleged to constitute the labor market area of Grand Island(1) was not the true area for the reason that other than the Southern Nebraska Rural Public Power District and the Dawson County Power District and the City of Hastings, all other utilities in such area were operated by Consumers; that the true labor market area consisted of utilities of a similar kind operated in cities of comparable size in Nebraska, plus Consumers and the Southern Nebraska Rural Public Power District, such cities being Grand Island, Hastings, Fremont, North Platte, Fairbury and Alliance; that there were three utilities in Grand Island distributing electricity to the public and a portion of their employees did the same work as the plaintiff (Consumers, and Southern), and that the rate of pay for employees of Southern was not higher than the City, but substantially lower, that other conditions of employment were practically the same, and that Southern employed more linemen than the four employed by Consumers in Grand Island; and praying that the Court find that the labor market area for the City was as alleged in the answer and that the City was in conformance with the wages and conditions of employment in such labor market area; that the decision of the Court be restricted to the plaintiffs alone; and that plaintiffs' petition be dismissed.
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(1)The Court's records do not show plaintiff's apparently amended allegation concerning the comparable labor market area.
On February 24, 1959, plaintiffs filed a reply, alleging, inter alia, that it admitted that there were three utilities in the City distributing electricity to the public and that a portion of their employees did substantially the same work as plaintiffs; but that Southern employed 30 line department employees within a radius of 50 miles of the City, and that Southern's pay for said employees was substantially higher than the City's, and that Southern provided additional benefits.
On February 28, 1959, the parties filed a Stipulation, published below.)
WHEREAS, the basic facts in the above entitled case are not in dispute, and the parties are desirous of submitting the case to the Court in as brief and concise manner as possible, it is stipulated by and between the parties hereto:
1.That an industrial dispute exists between the plaintiffs and the defendant, City of Grand Island, and the parties have been unable to reach an agreement.
2.That pictures of the electrical distribution system of the City of Grand Island and of Consumers Public Power District's Substation may be admitted as exhibits without foundation or objection.
3.That the map prepared by R.W. Beck & Associates showing electrical facilities in the State of Nebraska and marked to indicate a 50-mile radius from the City of Grand Island, may be admitted as an exhibit without foundation or objection.
4.The employment classification of line foreman, crew supervisor, first-class lineman, second-class lineman, truck driver, groundman, and apprentice lineman, are recognized in electric distribution systems, and in telephone systems, as indicating a particular type of work performed by the employee.
5.That a first-class lineman is a person of certain definite skills and experience, and that the classification of first-class linemen is an established and recognized skill throughout the industry of electrical distribution systems, so that generally speaking, a first-class lineman may move from one employer to another in the field of electrical distribution and retain the classification of first-class lineman in each employment.
6.That the wage scales, fringe benefits, and the number of employees in each category hereinafter set forth are as indicated herein, but the plaintiffs object to that portion pertaining to the municipalities of Fremont, North Platte, Fairbury, and Alliance, as irrelevant and immaterial, and as having no bearing on the issues in this case, and the defendants object to that portion pertaining to Consumers Public Power District, Nebraska Public Power System, Southern Nebraska Rural Public Power District and Northwestern Bell Telephone Company, as irrelevant and immaterial and as having no bearing on the issues in this case.
7.That the wage scales, fringe benefits and number of employees in each category are as follows:
NOTE: Following tables of wages and benefits paid at alleged comparables and Grand Island are omitted.
In order to simplify the issues and to avoid calling a number of the plaintiffs as witnesses, which could possibly jeopardize maintenance of the City of Grand Island's distribution system if an emergency arose during the time of the hearing,
It is stipulated by the parties that the names of the following plaintiffs are to be stricken from the petition, Raymond Dibbern, Edgar Felske, Henry Jensen, Ernest Matthiesen, Donald Muhs, John Phelps, Emiel Runge and Art Schmidt, and that the petition then only applies to the classifications of Line Foreman, First-Class Lineman and Second-Class Lineman; that in consideration of the foregoing named plaintiffs being dismissed as parties to the pending action, the City of Grand Island agrees that any relief or judgment rendered by this Court in favor of the remaining plaintiffs, will be made applicable by the City of Grand Island, on a pro-rata basis to the persons hereinbefore named who have been dismissed as plaintiffs for the reasons stated.
The original stipulation herein failed to set forth details of the "fringe benefits" paid by the City of Grand Island and did not set out full details of the Employee Retirement Plan of Consumers Public Power District, or the full details of the Retirement Plan and Death Benefit Plan of Northwestern Bell Telephone Company.
It is therefore further stipulated and agreed as follows:
The "fringe benefits" received by Line Department Employees of the City of Grand Island are:
NOTE: Following table of fringes is omitted.
Before: Judges Denney, Moyer, and Tyler
On the 3rd day of March, 1959, this cause came on for trial upon the issues made by the plaintiffs' petition, as amended, the answer of the defendants, and the reply of the plaintiffs, as said issues have been limited by the stipulations of the parties on file in this cause, and the plaintiffs appearing by Donald H. Weaver, their attorney, and the defendants appearing by Carl E. Willard, their attorney, evidence was adduced by the plaintiffs and the plaintiffs rested. Evidence was then adduced by the defendants, and the defendants rested. Both sides rested, arguments of counsel were heard by the Court, and counsel were granted leave to prepare and submit briefs in support of their respective contentions. Thereupon this cause was submitted to the Court upon the said pleadings, the stipulations of the parties and the evidence, and was by the Court taken under advisement.
Now on this 18th day of May, 1959, the Court having read and considered the briefs of counsel, and being well and fully advised in the premises, finds that an industrial dispute exists between the plaintiffs and the defendant City of Grand Island, as set forth in the pleadings in this cause, involving governmental service in a proprietary capacity; and the Court finds that the City of Grand Island constitutes "the same labor market area" involved in said industrial dispute.
The Court further finds that, considering and having regard for all wages and benefits received by the plaintiffs and by workers employed by all other employers for the same or similar work and exhibiting like or similar skills under the same or similar working conditions in the said labor market area, the basic wage rates paid to workers employed by the defendant City of Grand Island in the City Electric Department in the classifications of foreman, first-class lineman and crew supervisor, first-class lineman, and second-class lineman, for time actually worked, should be increased to the following minimum rates:
Foreman to the basic minimum wage rate of $420.00 per month, or an hourly basic wage rate amounting to $420.00 per month, based on a 40-hour work week.
First-class lineman and crew supervisor to the basic minimum wage rate of $385.00 per month, or an hourly basic wage rate amounting to $385.00 per month, based on a 40-hour work week.
First-class lineman to the basic minimum wage rate of $370.00 per month, or an hourly basic wage rate amounting to $370.00 per month, based on a 40-hour work week.
Second-class lineman to the basic minimum wage rate of $330.00 per month, or an hourly basic wage rate amounting to $330.00 per month, based on a 40-hour work week.
IT IS THEREFORE ORDERED that the basic wage rates to be paid by the City of Grand Island, Nebraska, to workers employed in the City Electric Department of said city in the classification of foreman, first-class lineman and crew supervisor, first-class lineman, and second-class lineman, for time actually worked, be increased to the following minimum rates:
Foreman to the basic minimum wage rate of $420.00 per month, or an hourly basic wage rate amounting to $420.00 per month, based on a 40-hour work week.
First-class lineman and crew supervisor to the basic minimum wage rate of $385.00 per month, or an hourly basic wage rate amounting to $385.00 per month, based on a 40-hour work week.
First-class lineman to the basic minimum wage rate of $370.00 per month, or an hourly basic wage rate amounting to $370.00 per month, based on a 40-hour work week.
Second-class lineman to the basic minimum wage rate of $330.00 per month, or an hourly basic wage rate amounting to $330.00 per month, based on a 40-hour work week.
IT IS FURTHER ORDERED that this order shall be in effect from and after June 1, 1959.
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