3 CIR 90 (1976).

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

Appearances: For Plaintiff, Theodore L. Kessner

For Defendant, Rodney R. Smith

Before: Kratz, Rudolph, and Green, J.J.

KRATZ, J.

The South Sioux City Education Association, hereinafter called Association, requested that the School District of South Sioux City, hereinafter called Board, recognized it as the collective bargaining agent for the South Sioux City teachers and negotiate a collective bargaining agreement for the 1975-76 school year. When this request was rejected, the Association filed suit immediately with this Court without resorting to the processes of the Teachers Professional Negotiating Act. Under this circumstance, this Court has determined that the provisions of the Teachers Professional Negotiating Act have been exhausted and this Court, therefore, has jurisdiction over the dispute. Sidney Education Association Assn. v. School District of Sidney , 189 Neb 540, 203 N.W.2d 762.

The Board's informal proposal to the teachers was a $7800 base salary with vertical increments of $300 and horizontal increments of $200. Two additional columns were to be added to the salary schedule, a BA+9, and a BA+27. In addition, the BA+15 column was to be replaced by a BA+18. [1]

The individual teachers executed their contracts on the basis of this informal proposal, and the Board suggests that this prevents consideration of the dispute by this Court. It has been consistently held, however, that the signing of individual teacher's contracts does not bar the jurisdiction of this Court. Hastings Education Assoc. v. School Dist. of Hastings , Case No. 42; Sidney Education Assoc. v. School Dist. of Sidney , Case No. 81 and 88; Crete Education Assoc. v. School Dist. of Crete , Case No. 64; Orleans Education Assoc. v. School Dist. of Orleans , Case No. 83; Malcolm Education Association v. School Dist. , No. 140.

The three items in dispute are base salary, salary schedule structure, and fringe benefits. The evidence concentrated on which other school districts were appropriate for comparison in a Section 48-818 (Nebraska Revised Statutes) determination. The Association offered evidence on nine school districts, five of which, along with South Sioux City, are members of the Apollo Athletic Conference. The Board offered seven school districts, two of which (Norfolk & Wayne) were also on the Association's list.

The Board's testimony diminishes the significance of the Apollo Conference. Only 37% of South Sioux City's major sport contests are with Conference schools, the rest being mostly with Iowa and South Dakota schools. Most of the Apollo conference school districts are also in other conferences, and some do not consider the Apollo to be their principal conference. In addition, South Sioux City has given some consideration to withdrawing from the Apollo Conference. The Court, therefore, has decided not to use the Apollo conference for purposes of comparison unless the Apollo school districts fit readily within the other standards for comparison, such as similarity in student enrollment, geographic proximity, community of interest, and scholastic and academic contacts.

Other than the two schools offered by both parties (Norfolk and Wayne), the Board presented evidence on Nebraska Schools in close geographic proximity to South Sioux City, [2], including two Iowa schools. The Board emphasized that these schools had hired teachers away from Plaintiff. While this might be an indication of community of interest, it is not in itself sufficient evidence of comparability. See Tecumseh Education Assoc. v. School Dist. of Tecumseh , Case No. 119.

Applying the criteria of similarity of student enrollment, geographic proximity, community of interest, and scholastic and academic contracts, the Court has determined that the following school districts are proper for purposes of comparison: Norfolk, Columbus, Blair and Wayne. Most of the other school districts offered for comparison, except Beatrice, were eliminated on the basis of size. [3]

Beatrice, although otherwise comparable, was eliminated because it is 180 miles from South Sioux City. Although it has been said that size shall govern over geographic proximity, Tecumseh Education Assn. v. School Dist. of Tecumseh , Case No. 119, Beatrice is almost twice the distance from South Sioux City as the other comparable schools. Thus, the use of Beatrice in the array would considerably dilute the geographic proximity factor in the comparison.

While the difference between Wayne and Tekamah is insignificant (both are less than half the student size of South Sioux City), the Association and the Board both listed Wayne as one of its comparable schools and there was testimony of a strong historical connection between the wayne and South Sioux City school districts.

The following table illustrates the comparability of the schools the Court will use in its array:

TABLE 2 OMITTED

A supplementary issue involves the form of the evidence presented to the Court. The Association's salary schedule exhibits were based on 131 South Sioux City teachers. The evidence showed that in actuality 137 [4] individuals would be teaching in that district in the 1975-76 year. Apparently, erroneous information was inadvertently given to the Association by the Board in this regard. The Court asked the parties to recalculate their exhibits to reflect the correct number of teachers so that accurate computations could be made. This was accomplished and the resubmitted exhibits were received without objection from either party.

Another question involved the placement of the individual teachers on the salary schedules. The Board contended that this placement should take into consideration the teachers anticipated summer school advancement, but the Court rejects this approach as being too speculative. However, in order to recompute the necessary exhibits on the basis of 136.5 teachers, it was necessary to know the placement of the additional teachers. [5] Because the school was in session when the additional information was requested, though not at the time of hearing, the only practical basis for this request was the then current teacher placement. Accordingly, some of the teachers have advanced on the salary schedule over the summer. In support of the Court's position not to consider anticipated future advancements, it should be noted that the information received on the new teacher placements differed considerably from the Board's estimates.

The Court finds that if the South Sioux City teachers were placed on the salary and fringe benefit schedules in effect in the school districts found to be within the appropriate range of comparability, the following array would result:

TABLE 2 OMITTED

On the basis of total teacher compensation, the approximate midpoint of the array would be $1,388,410. The court therefore finds a salary schedule having a base salary of $7900 and an index factor of 4 x 5, with the following columns and steps, to be appropriate: BA (6 steps), BA+9 (7 steps), BA+18 (8 steps), BA+27 (9 steps), MA (11 steps), MA+9 (12 steps), MA+18 (13 steps), and MA+27 (13 steps). The MA+36 column was not added to the schedule, as proposed by the Association, because it was found not to be prevalent in the four schools used for comparison.

This schedule will produce a total basic salary of $1,355,900.70. In addition, the Board shall provide a total contribution of $18.50 per teacher per month, to be applied to the existing insurance package. [6] This brings the total teacher compensation to $1,386,203.70, which is about $2,200 less than the approximate mid point of the array in Table II.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT:

(1) The scale of wages for teachers employed by the defendant school district shall be computed in accordance with a salary schedule having a base salary of $7900, index increments of 4% vertically and 5% horizontally in columns of BA (6 steps), BA+9 (7 steps), BA+18 (8 steps), BA+27 (9 steps), MA (4 steps), MA+9 (12 steps), MA+18 (13 steps), and MA+27 (13 steps).

(2) The defendant shall provide an insurance contribution of$18.50 per teacher per month.

(3) The other terms and conditions of employment of said teachers shall remain unchanged by this Order.

Entered January 12, 1976.

[1]Inasmuch as this proposal was informal and not the result of collective bargaining, the Association did not act on it, but instead, brought their dispute to this Court.

[2]But much smaller in student enrollment.

[3]Fremont, Papillion, Ralston, Tekamah, Emerson-Hubbard, Homer and Winnebago. See Tecumseh Education Assn. v. School Dist. , Case No. 119, for size criteria. Although Fremont, Papillion and Ralston are not twice the size of South Sioux City, an array is preferred in which the districts are balanced between those with pupil populations larger and pupil populations smaller than the litigating district.

[4]136 full time and 1 part time.

[5]The Defendant could not produce these placements at trial.

[6]The evidence showed the premium charges to be: Health $19.10 single and $49.90 family monthly; life $2.00 per month; disability income, .0062 of salary.

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

Before the Court are two motions. Plaintiff requests the Court to either grant a new trial, or in the alternative, modify its Findings of Fact and Opinion. Plaintiff contends that an error was made in the number of steps on the columns of the salary schedule which the Court ordered into effect for the 1975-1976 school year.

Defendant's Motion is also for a new trial and is based on the discovery of "a substantial error in the basic figures furnished to this Court by the plaintiff..." for the Columbus School District. Plaintiff has acknowledged this error and on February 10 furnished the Court with the following corrected tabulation:

Staff Standard Total

Index Salary Fringe Teacher

School Factor Schedule Benefit Compensation

Columbus 167,975 $1,329,522.13 $34,803.40 $1,364,319.53

The Court having considered these motions, now FINDS:

(1) That an inadvertent error was made in the Court's Findings of Fact and Opinion of January 12, 1976, concerning the number of steps in each of the columns on the salary schedule which the Court ordered into effect for the 1975-1976 school year.

(2) That since the Court's error is readily apparent, no further evidentiary hearing is required on this matter.

(3) That inasmuch as both parties are in agreement with the corrected salary figures for the Columbus School District, a new trial will not be required on this issue.

(4) That the following array results from placing the revised figures for Columbus into TABLE II of the January 12th opinion.

REVISED TABLE II OMITTED

(5) That on the basis of total teacher compensation the approximate midpoint of the above array would be $1,360,713; and that a revised salary schedule having a base salary of $7800 and an index factor of 4 x 5, with the following columns and steps, is appropriate: BA (7 steps), BA+9 (8 steps), BA+18 (9 steps), BA+27 (10 steps), BA+36 or MA (12 steps), MA+9 (13 steps), MA+18 (14 steps), and MA+27 (14 steps). This schedule will produce a total basic salary of $1,338,737.40.

(6) That in addition, the Board shall provide a total contribution of $14.50 per teacher per month, to be applied to the existing insurance package. This brings the total teacher compensation to $1,362,488.40.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT:

(1) That Plaintiff and Defendant shall have five days from their receipt of this order to file any objections or corrections to the revised wage information for the Columbus School District;

(2) That after such time has elapsed, and no objections or corrections have been received by the Court, the scale of wages of the South Sioux City School District teachers for the 1975-1976 year shall be computed in accordance with a salary schedule having a base salary of $7800, index increments of 4% vertically and 5% horizontally in columns of BA (7 steps), BA+9 (8 steps), BA+18 (9 steps), BA+27 (10 steps), BA+36 or MA (12 steps), MA+9 (13 steps), MA+18 (14 steps), and MA+27 (14 steps);

(3) That the Defendant shall provide an insurance contribution of $14.50 per teacher per month; and

(4) That the other terms and conditions of employment of said teachers shall remain unchanged by this order.

Entered February 25, 1976.

_______________________________

SOUTH SIOUX CITY EDUCATION	\|	CASE NO. 141
ASSOCIATION, An Unincorporated	\|
Association,	\|
	\|
Plaintiff,	\|
	\|
v.	\|	FINDINGS OF FACT
	\|	AND OPINION
THE SCHOOL DISTRICT OF SOUTH	\|
SIOUX CITY, In the County of	\|
Dakota, in the State of	\|
Nebraska, A Political Subdivision	\|
of the State of Nebraska,	\|
	\|
Defendant.	\|