Between NICOLBT AMA TECENICAL COLLEGE AWARD

35 Pages·1999·1.3 MB·English

Between
NICOLBT AMA TECENICAL COLLEGE
FACULTYA SSOCIATION
and AWARD
NICOLBT ABEA TBCENICAL COLLEGE Decision No. 26267-A
WERCC ase 9
No. 42938 INTIARB-5404
I. REARING. A hearing in the above entitled matter was held on March 15,
1990, beginning at 9:30 a.m. at the Nicolet Area Technical College,
Rhinelander, Wisconsin. Parties were given full opportunity to give testimony,
present evidence and make argument. Briefs were exchanged May 1, 1990.
II. APPEARANCES.
GENED EGNJiR,D irector, WEACU niServ Council No. 18,
appeared for the Union.
DRAGER, O'BRIEN, ANDERSON,B URGY6 GARBOWICZb y JOHN L.
O'BRIW, Attorney, appeared for the Employer.
III. NATURBO F PROCEEDINGS. This is a proceeding under the Municipal
Employment Relations Act, Section 111.70 of the Wisconsin Statutes. On
October 13, 1989, the Nicolet Area Technical College Faculty Assocution
filed a petition with the Wisconsin Employment Relations Commission alleging
that an impasse existed between it and the Nicolet Area Technical College
in collective bargaining. The Commission conducted an investigation through
Edmond J. Bielarczyk, Jr., a staff member who reported that the parties
were deadlocked in negotiations. The Commission on December 22, 1989, found
that the parties were indeed at an impasse, that they had substantially
complied with the procedures set forth in the statutues, and certified
therefore that the conditions precedent to the initiation of arbitration
as required by the statues had been met. The Commission then ordered
arbitration. The parties having selected Frank P. Zeidler, Milwaukee,
Wisconsin, as arbitrator, the Commission issued an order on January 31,
1990, appointing him arbitrator. Hearing was as reported above.
IV. FINAL OFFERS.
A. Final Offer of the Union:
-2-
NICOLET AREA TECHNICAL COLLEGE FACULTY ASSOCIATION (NATCFA) FINAL
OFFER.
1. Final offer for a new contract covering the 1989-90, 1990-91,
and 1991-92 school years.
2. All tentative agreements.
3. All language of the previous agreement, except as modified by
tentative agreements and this final offer.
4. All wages retroactive to July 1, 1989.
5. Adjustment of 2.5 percent per cell to the 1988-89 salary
schedule for 1989-90; adjustment of 3.5 percent per cell to
the 1989-90 salary schedule for 1990-91; and, adjustment of
4.5 percent per cell to the 1990-91 salary schedule for 1991-
92. (see attached schedules)
-E-
)$U.Q 1686-60 SVI‘vXx7 dXOdOSQ? )Z'S%(
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~ '0 76688 T6688 16688
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NON a aQ a3 4IQ lC3 ,JOL,Yl
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1’0 8SPO8 GZ9S6 b0001‘ tL8098
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E.0 --- tL99cP TLZ880 CP6STb
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LSJ'Q 1660-61 SVlQlkA dIlOdOSQ1 )t-5%(
CLL,iid NON lC 81Q a3 JPQ a3
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1’0 10988 20988 20988
i’O ZZGPC ZZ5PE ZZGPC
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t.0 z9szz z9szz z9szz
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9’0 --- COL9i! ifOL95
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6’0 --- ztS006 E5006
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0’0 --- --- C6Z;IZ
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5.0 --- 5889t PPLTC IOfSLL
9-r --- 65LIO to.f95 IZ9PLS
L’O --- 9SLLb TE88P6 ZOP9ZC
8.0 --- ZLOCPO ZI9599 P896OG‘
6’0 --- --- T86LLL T86LLL
0’0 --- lOZZLI~ TOZZLTT
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ISL3d NON a HV a4z 4m a3
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__---- ------ ------
1’0 ZT9t6 Zt9t6 Zt9t6
2’0 ZCSGL ZE55L ZC55L
t.0 ZSP68 ZSP68 ZSP68
b’O ZLLTS ZLLIS ZLLIS
5’0 --- Z66CC Z66cfC
9’0 --- CZTP6 tZTP6
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8’0 --- E958P C958P
6’0 --- --- :(88OZ
0’0 --- --- tIO18
66T-6Z 30SJIN3
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------ ------ ------ ------
7’0 0 0 0 0
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b’O 6ZCLb 0 0 6ZCLP
5’0 --- 0 0 0
9“ --- 99099 5OT8S .T19z5t
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6’0 --- --- ZPOOZ6 ZPOOZ6
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0LtYl 6ZtLP 528952 TLSLPOS ZELBPET
-6-
B. Final Offer of the Employer:
NICOLET AREA TECHNICAL COLLEGE
DISTRICT BOARD FINAL OFFER
1. Three (3) year contract 1989/90, 1990/91 and 1991/92.
2. Add $250.00 per step 1989/90
Add an addltional $250.00 per step 1990/91
Add an additional $250.00 per step 1991/92
3. Whole steps ~111 remain $2.000.00; half steps will be $1.000.00.
4. a. Move Non-Degree MaxImum to Step 5 in 1989/90, Step 5.5 in 1990/91 and
Step 6 in 1991/92.
b. Move B.S. Maximum to Step 9 in 1989/90, Step 9.5 in 1990/91 and Step 10
in 1991/92.
c. Move M.S. Maximum to Step 11 in 1989/90, Step 11.5 in 1990/91 and Step
12 in 1991/92.
5. One-half steps would be dropped at the end of the contract period.
6. Drop Step 1($19,500) from the salary schedule and renumber the steps. For 1989-
90 the employee’s step location will stay the same because the salary schedule
will move to the employee. During 1990/91 and 1991/92 employees will be
awarded their normal step Increase.
Costing: (Salary Only)
1989/90 = $144,853.00 = 7.56%
1990/91 = $128,740.00 = 6.25%
1991/92 = $112,443.00 = 5.14%
(6.32% average)
TOTAL PACKAGE COSTING (SALARY ONLY) = $386,036.00 = 20.50% or average 6.83%
per year compounded.
T' ZT'SOO
2‘ ZE’Z50
E‘ ZS’ZSO
b‘ ZL’ZSO NON-E-Q“ UVXIWfH SVlWA
------------------,,,,,,-,,----,,,--,,----,--,-,L-,--,--,-
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9‘ ET'Z90
L‘ EE’ zso
Q‘ ES‘Z50 0’Q‘ UBDi133 HVXIWI-IW s’VIWtX
------------------________I_________^_---_----_-------_-_-
6‘ EL’ZSO
10‘ E6’ 250 wtsm.s aim33 uvx~wnw svlrtit~
-----------------~-----------------------c---------_--^---
BV~DVININB nNU BWd~.?BBS MUH V dHa 08 3lcIc SHV?I 8333IA3 VN
VQQI,3IONVI'.$ZOOO .?ONa ,I;H 3WddBOdBIVLL3 S.J3d'
-.
. --
-8-
1. 21,750
2. 23,500
3. 25,500
4. 27.500
4.5 28,500 NON-B.A. MAXIMUMS ALARY
_-------_-------------------------------------------------
5. 29,500
6. 31.500
7. 33,500
0. 35.500
a.5 36,WO B.A. DEbREEM AXIMUMS ALARY
_---_---^-------------------------------------------------
9. 37,500
10. 39,500
10.5 40,500 MASTER'S DEGREE1 1AXIMUMS ALARY
_-------_--------_----------------------------------------
BARGAiNING UNIT EMPLOYEESW ITH A PHD OR EDD SHALL RECEIVE AN
ADDITIONAL $2000 BEYONDT HE APPROPRIATES TEP.
-_
-9-
1. 22,000
2. 23,750
3. 25.750
4. 27.750
4.5 28,750
5. 29.750 NON-B.A. MAXIMUMS ALARY
_-_--_--_-----------______I_____________------------------
6. 31,750
7. 33,750
a. 35,750
0.5 36,750
9. 37,750' B.A. DEGREEM AXIMTJMS ALARY
----------------_-----------------------------------------
10. 39,750
10.5 40.750
11. 41,750 MASTER-S DEGREEM AXIMUMS ALARY
--------------------___________________I------------- -w--e
BARGAINING UNIT EMPLOYEESW ITH A PHD OR EDD SHALL RECEIVE AN
ADDITIONAL $2000 BEYONDT HE APPROPRIATES TEP.
- 10 -
V. FACTORS TO BE UFXGRED BY TBB ARBITRATOR. Section 111.70 (4) (cm) 7
states that the arbitrator shall give weight to the following factors:
"a. The lawful authority of the municipal employer.
"b . Stipulations of the parties.
"C . The interests and welfare of the public and the financial ability
of the unit of government to meet the costs of the proposed settlement.
"d. Comparison of wages, hours, and conditions of employment of the
municipal employees involved in the aqbitration proceedings with the wages,
hours and conditlonsof other employees performing similar services.
"e. Comparison of the wages, hours and conditions of employment of
the municipal employees involved in the arbitration proceedings with the
wages, hours and conditions of employment of other employees generally in
public employment in the same community and in comparable communities.
"f. Comparison of the wages, hours and conditions of employment of
the municipal employees involved in the arbitration proceedings with the
wages, hours and conditions of employment of other employees in private
employment in the same community and in comparable communities.
'lg. The average consumer prices for goods and services commonly known
as the cost-of-living.
"h. The overall compensation presently received by the municipal employees,
including direct wage compensation, vacation, holidays and excused time,
insurance and pensLons, medical and hospitalization benefits, the continuity
and stability of employment, and all other benefits received.
"i. Changes in any of the foregoing circumstances during the pendency
of the arbitration proceedings.
11
I. Such other factors, not confined to the foregoing, which are normally
or traditionally taken into consideration in the determination of wages,
hours and conditions of employment through voluntary collective bargaining,
mediation, fact-finding, arbitration or otherwise between the parties, in
the public service or in private employment."
VI. LAWFIJLAUTBORITY. There is no question here as to the lawful authority
of the unit of government to meet either offer.
VII. STIPULATIONS OF TEIE PARTIES. All other matters between the parties
to be included in an agreement extending for three years after July 1, 1989,
have been agreed to.
VIII. FINANCIAL ABILITY OF THE UNIT OF GOVERNMENT. No issue has been raised
on the financial ability of Nicolet Area Technical College (NATC) to meet
the costs of either offer, although some Employer exhibits relate to this
subject. They are treated under a section on the interests and welfare
of the public;