BEFORE THE NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS caseNo,_ 152-9 GRAND ISLAND EDUCATION ) ASSOCIATION, an ) Unincorporated Association, ) ) Petitioner, ) PETITION ) v. ) (Prohibited Labor Practices) ) SCHOOL DISTRICT NO. 40-0002 ) OF HALL COUNTY, NEBRASKA, +) NEBRASKA coMmassION a/k/a GRAND ISLAND PUBLIC ) OF INDUSTRIAL RELATIONS SCHOOLS, a Political Subdivision ) ee of the State of Nebraska, } JAN 21 2022 Respondent. ) CLERK NATURE OF THE ACTION 1 This action is brought pursuant to Neb, Rev. Stat. §§ 48-824 and 48-825 (Reissue 2021), FACTUAL ALLEGATIONS 2. Petitioner, Grand Island Education Association (“Association”), is an unincorporated association and the recognized collective bargaining agent for all certified staff and registered nurses employed on a regularly scheduled basis by the Respondent, School District No. 40-0002 of Hall County, Nebraska, a/k/a Grand Island Public Schools (“School District”). 3. The Association is a “labor organization” as that term is defined by Neb. Rev. Stat. § 48-801(7) (Reissue 2021). 4, The Schoo! District is organized and exists by virtue of Neb, Rev. Stat. §§ 79-101 et seq. (Reissue 2014) and is a “public employer” as that term is defined by Neb. Rev. Stat. § 48- 801(12) (Reissue 2021).5. The Board of Education of the School District (“Board”) is responsible for the governance of the affairs of the School District. 6. The parties have entered into a collective bargaining agreement setting forth ins of employment for all members of the bargaining unit economic terms and condi represented by the Association for the 2021-2022 contract year (“Master Agreement”) 7. It came to the attention of the Association that the School District was misclassifying a number of its employees as substitutes, when in fact such employees are filling istrict’s staff (“misclassified employees”). permanent vacancies on the School 8. The misclassified employees are members of the bargaining unit represented by the Association and are entitled to the economic benefits of the Master Agreement. 9. The School District is compensating the misclassified employees at variance with and in deviation from the Master Agreement. 10, On August 12, 2021, the Association requested in writing information from the lentity of misclassified employees together with ’s administration regarding th School Di assignment, workload, compensation, and related information. 11, On September 10, 2021, the School District’s administration supplied the Association with information partially responsive to the Association's request. The information provided by the School District did not disclose each misclassified employee's full-time equivalency (“FTE”), their current compensation, or documents identifying each listed substitute’s terms and conditions of employment. The School Distriet’s administration later supplemented its response with mostly irrelevant information. | 12. Upon its own investigation, the Association learned of additional misclassified | employees who were not included in the School Distriet’s response.13. Between October 12, 2021, and November 23, 2021, the Association exhausted the multistep grievance process provided by Article II of the Master Agreement as a result of the School District’s compensation of the misclassified employees at variance with and in deviation from the Master Agreement. 14, The grievance process requires the School District’s administration to respond to the Association's Grievance and hold a recorded meeting with the Superintendent. The grievance process further requires a hearing before the Board prior to it rendering a decision on the Grievance, 15, The School District’s administration denied the Association's Grievance but, failed to hold a meeting before the Superintendent as required by the grievance process. In addition, the Board failed to hold a hearing or otherwise respond to the Association's Grievance as required by the grievance process, 16. The School District’s failure to provide the Association with complete and accurate information regarding misclassified employees and its failure to comply with the grievance process deprived the Association of a meaningful opportunity to resolve its Grievance and address the basis upon which its Grievance was denied, 17, The Association has not agreed to a variance from the economic terms of the Master Agreement, and the School District acted in variance with and in deviation from the ion as bargaining agent. Master Agreement without the consent of the Asso PROHIBITED LABOR PRACTICES CHARGED COUNT I 18. The failure and refusal of the School District to compensate the misclassified ing unit members as provided by the terms of the Master Agreement employees as bargaiwithout the consent of the Association constitutes a unilateral deviation of the economic terms of said agreement, violates the integrity of the collective bargaining process, and is a prohibited practice under Neb. Rev. Stat. §§ 48-824(2)(a) and (f) (Reissue 2021). RELIEF SOUGHT WHEREFORE, Petitioner requests that the Commission order the following relief: A. Issue findings of fact and conclusions of law that the School District has committed a prohibited labor practice by unilaterally deviating from the terms of the Master Agreement by compensating bargaining unit members at variance with the terms of the Master Agreement without the Association’s consent, B. Enter an order requiring that the School District cease and desist from compensating misclassified employees in deviation of and at variance with the terms of the Master Agreement without the consent of the Association, C. Enter an Order requiring the School District make a one-time payment to all bargaining unit members determined to have been compensated in a manner inconsistent with the Master Agreement in an amount equal to the difference between their actual compensation and what they are entitled under the Master Agreement. D. Award Petitioner the taxable costs of this action, including a reasonable attorney's fee as provided by Commission Rule 29(C) and Rule 42(B), GRAND ISLAND EDUCATION ASSOCIATION, Petitioner, BY: NORBY & WELDING LLP Petitioner's Attorneys 605 South 14th Street Suite 220 Lincoln, Nebraska 68508 Telephone (402) 434-2390 nick.welding@norbylaw.comfolas J. Welding (#24737) One of Said Attomeys TO JUDGES OF SAID COMMISSION: Pursuant to Neb. Rev. Stat. § 48-813 (Reissue 2021) the attached Notice of Pendency was mailed January 21, 2022, certified, return receipt requested. You are advised that the attorney representing the School District in these matters is unknown. On January 21, 2022, a copy of the foregoing Petition was mailed to each of the Commissioners of the Commission. Nicholas J. Welding Attomey for Petitioner