Nebraska City Ed. Ass'n v. School Dist. of Nebraska City, in Otoe County, 41583
Decision Date | 05 July 1978 |
Docket Number | No. 41583,41583 |
Citation | 267 N.W.2d 530,201 Neb. 303 |
Parties | , 98 L.R.R.M. (BNA) 3228 NEBRASKA CITY EDUCATION ASSOCIATION, an unincorporated association, Appellee, v. SCHOOL DISTRICT OF NEBRASKA CITY, IN the COUNTY OF OTOE, in the State of Nebraska, a political subdivision of the State of Nebraska, Appellant. |
Court | Nebraska Supreme Court |
Syllabus by the Court
1. In establishing wage rates, the provisions of section 48-818, R.R.S.1943, in relevant part, provide that the Court 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. The definition of "comparable" as set forth in section 48-818, R.R.S.1943, is controlling.
2. Where a statute or ordinance enumerates the things upon which it is to operate, or forbids certain things, it is to be construed as excluding from its effect all those not expressly mentioned, unless the legislative body has plainly indicated a contrary purpose or intention.
Hoch & Steinheider, Nebraska City, for appellant.
Theodore L. Kessner of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.
Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, BRODKEY and WHITE, JJ.
Appellee Nebraska City Education Association filed a petition on September 9, 1976, with the Court of Industrial Relations, requesting that the court resolve an industrial dispute and establish wages and other terms of employment. A hearing was held on November 29, 1976, and an order entered by the court on July 1, 1977. Defendant School District of Nebraska City appeals from that order. We affirm the order of the Court of Industrial Relations.
In its order the Court of Industrial Relations set a base salary level of $8,325 and determined other benefits. In arriving at these determinations, the court used an array of school districts which it deemed comparable to appellant. In ascertaining the comparable school districts, the court looked to enrollment, athletic relationship, geographic proximity, general cooperation, and community of interest.
At the hearing, the school district presented testimony from a member of the board of education and from the superintendent of the school district concerning the tax consequences of the proposed salary increases. Also introduced into evidence by appellant was exhibit 12, a compilation of financial information from appellant and seven other school districts which it deemed comparable, showing valuation per pupil for 1975-76, and the general levy for 1975-76. Appellant contends that the Court of Industrial Relations erred in refusing to consider evidence of the appellant's ability to finance the teacher pay package.
Concerning this evidence, the Court of Industrial Relations, in its order, stated:
Section 48-818, R.R.S.1943, in relevant part provides: (Emphasis supplied.)
In Crete Education Assn. v. School Dist. of Crete, 193 Neb. 245, 226 N.W.2d 752 (1975), we stated: In Bank of Gering v. Glover, 192 Neb. 575, 223 N.W.2d 56 (1974), we observed that "unless the context indicates otherwise, the use of the word 'shall' purports a mandatory obligation."
Appellant's contention is without merit. Section 48-818, R.R.S.1943, states specifically those factors which the Court of Industrial Relations shall look to when establishing wage rates and conditions of employment in disputes before it. Section 48-818, R.R.S.1943, makes no mention of or reference to...
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