Omaha Ass'n of Firefighters, Local 385 v. City of Omaha

231 N.W.2d 710, 194 Neb. 436, 1975 Neb. LEXIS 821
CourtNebraska Supreme Court
DecidedJuly 31, 1975
Docket40030
StatusPublished
Cited by7 cases

This text of 231 N.W.2d 710 (Omaha Ass'n of Firefighters, Local 385 v. City of Omaha) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Omaha Ass'n of Firefighters, Local 385 v. City of Omaha, 231 N.W.2d 710, 194 Neb. 436, 1975 Neb. LEXIS 821 (Neb. 1975).

Opinions

McCown, J.

The city of Omaha has appealed from an order of the Court of Industrial Relations which fixed and determined wages and certain conditions of employment for employees of the fire division of the public safety department of the City of Omaha pursuant to section 48-818, R. R. S. 1943. This action was brought by the Omaha Association of Firefighters, Local No. 385, the bargaining agent for the firemen and employees involved.

This action was filed in the Court of Industrial Relations on September 6, 1974, to resolve disagreements between the parties relative to a contract for the fire division of the public safety department of the City of Omaha for the calendar year 1975. Under section 48-818, R. R. S. 1943, the findings and orders of the Court of Industrial Relations may establish or alter the scale of wages, hours of labor, or conditions of employment, or any one or more of the same. The evidence for both parties consisted largely of statistical data and expert testimony as to [438]*438wages and working conditions of firemen in Omaha and in other cities.

The Omaha Association of Firefighters, hereinafter called Union, based its testimony essentially upon wages, hours and working conditions for firefighters in seven cities, namely Cincinnati, Toledo, Akron, and Dayton, Ohio; Minneapolis and St. Paul, Minnesota; and Wichita, Kansas. These cities were selected because thier population was within about 100,000 above or below the population of Omaha, and they were all within the Bureau of Labor Statistics North Central Región, a region which includes Omaha. The starting salary of firemen in Omaha was 20.9 percent below the arithmetic mean of the seven cities. The Union witness concluded, however, that maximum salary in Omaha with no longevity needed to be increased by 12 percent to meet total mean average salaries then being paid in the other cities. Other testimony, however, established that the general wage rates in Ohio and Minnesota were significantly higher than those in Nebraska because of the presence of unionization and intensive manufacturing, and that salaries paid to employees in the public sector were therefore also elevated above those in the City of Omaha.

The City’s evidence supported proposed wage rates based upon a differential between Omaha and Lincoln, Nebraska, which would produce an 8.2 percent increase in wages. There was evidence, however, that the proper differential in previous years was 9 percent rather than 8:2 percent. In addition, the city also used Des Moines and Kansas City as comparables. Those wage levels, however, were currently lowér than those the city conceded would be propier on the basis of a comparison with Lincoln.

The court did not accept the evidence of either party but instead analyzed the evidence and determined that a wage increase of 10.2 percent in the starting-, salary of firemen represented a wage level comparable to the prevalent. The court' also determined that it was more [439]*439appropriate to apply the 10.2 percent figure to each rank and grade among firemen rather than to attempt to arrive at different percentage figures for different ranks and grades. The court also determined that there should be no change in the hours of work; that holiday pay should be increased from 96 to 108 hours a year; increased maximum longevity pay from $180 to $360 per year; ordered the city to provide and pay the premiums for $5,000 of life insurance coverage; increased the annual uniform allowance by $20 to $140 per year; and ordered the city to provide turn-out gear at its own expense. The court refused to alter call-out pay, overtime pay, injured-on-duty pay, and current practices of payment of tuition for fire technology classes. The court also refused to grant the Union request to permit union activities on city property during city time and granting pay for union officials during the time of contract negotiations. Finally, the court allowed the union to deduct dues on a percentage basis rather than on a flat dollar amount. The City of Omaha has appealed.

The city contends in substance that the Court of Industrial Relations did not comply with the statutory requirements in establishing rates of pay and conditions of employment. The basic contention is that the method of selection of the cities used for comparisons and the method of establishing the hypothetical labor market were erroneous and improper.

Section 48-818, R. R. S. 1943, provides 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 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. In establishing wage rates the court shall take [440]*440into consideration the overall compensation presently recieved 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.” That portion of the statute remains after an amendment by the Legislature in 1969 deleted language which restricted comparisons to “the same labor market area and, if known, in adjoining market areas within the state and which in addition bear a generally comparable relationship to wage rates paid and conditions of employment maintained by all other employers in the same labor market area.” See Laws 1969, c. 407, § 6, p. 1410. The Legislature, by virtue of the amendment, removed all restrictions on the labor market areas to be considered, and completely removed provisions restricting comparisons to areas within the State of Nebraska. The Legislature recognized that virtually every city and public employer is distinct and different from every other city or employer in some material respects. The parties here tacitly concede that there is no other city in Nebraska directly comparable to Omaha.

Prevalent wage rates must of necessity be established by nonlocal comparisons whenever the public employer is the only employer for a specified type of work in a local labor market. Prevalant wage rates to be determined by the Court of Industrial Relations for firemen employees of Omaha, Nebraska, must of necessity be determined by comparison with wages paid for comparable services in reasonably similar labor markets. A prevalant wage rate to be determined by the Court of Industrial Relations must almost invariably be determined after consideration of a combination of factors. In Crete Education Assn. v. School Dist. of Crete, 193 Neb. 245, 226 N. W. 2d 752, this court accepted the dictionary definition of the word “comparable” as “having enough like characteristics or qualities to make comparison appropriate.” We also de[441]*441termined that the standard of prevalent wage rates now is one of general practice, occurrence, or acceptance. It must be noted also that in this case the Court of Industrial Relations did not determine the prevalent wage rates for firemen by any direct computation or application of average or mean rates from seven cities nor from ten cities.

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Related

Fraternal Order of Police, Lodge No. 12 v. County of Adams
289 N.W.2d 535 (Nebraska Supreme Court, 1980)
Lincoln Fire Fighters Ass'n, Local 644 v. City of Lincoln
252 N.W.2d 607 (Nebraska Supreme Court, 1977)
Omaha Ass'n of Firefighters, Local 385 v. City of Omaha
231 N.W.2d 710 (Nebraska Supreme Court, 1975)

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Bluebook (online)
231 N.W.2d 710, 194 Neb. 436, 1975 Neb. LEXIS 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omaha-assn-of-firefighters-local-385-v-city-of-omaha-neb-1975.