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NSEA UPDATE -- July 1, 2010


Central City Teachers Win in the Supreme Court

The wheels of justice move slowly, but they do move.


After seven months of waiting, the Nebraska Supreme Court on June 18 handed down an important decision favoring the Central City Education Association in regard to contract continuation language.


The Central City School District sought to exert unlimited management authority. When contract negotiations reached impasse, the District attempted to unilaterally implement the school board's final offer before the CCEA could file a petition with the Nebraska Commission of Industrial Relations (CIR). Instead, the CCEA presented evidence in a CIR trial that contract continuation language was prevalent language in the district's 14-school array. CCEA argued that contract continuation language is a mandatory subject of negotiations because it effects economic terms and conditions of employment. The CIR agreed, and the district appealed.


The Nebraska Supreme Court agreed with CCEA, affirmed the CIR's ruling, and concluded that the District's claims were without merit. The court also concluded that a contract continuation clause is a mandatory subject of bargaining. Further, the court said the CIR has the authority to include a contract continuation clause in the collective bargaining agreement based on peer contract prevalence. In the opinion, which may be read at http://www.supremecourt.ne.gov/opinions/2010/june/jun18/s09-521.pdf, the justices write,


...giving the District the right to unilaterally implement its final offer could be seen as giving it the upper hand, in that during negotiations, the CCEA would always be aware that the District had the ability to declare impasse, implement its own terms and conditions [of employment], and force CCEA to appeal to the CIR if it wishes to change those terms and conditions.


The Supreme Court ruling upholds the rights of teachers, and other public sector employees, to organize for purposes of collective bargaining, and reinforces that collective bargaining should be conducted in good faith between the parties. This local victory will have monumental ripple effects for public sector collective bargaining agreements statewide.


Congratulations to the teachers and leaders at CCEA; NSEA UniServ Directors Midge Dublinske and Mo Nickels; and NSEA attorney Mark McGuire for outstanding work on behalf of all Nebraska educators!



Bargaining Report

The best way to improve your local and state economy is to increase sales and income tax receipts. That is only achieved by improving salaries and wages.


Local associations are working hard to improve the salaries of thousands of teachers across Nebraska for the school year 2010-11. As of July 1, 2010, 60 locals have reported settlements for 2010-11. The average increase in base salary is $769. More schools are either approaching or exceeding a $30,000 base salary. For 2010-11 the average base salary reported to NSEA is $29,710. These negotiated salary increases will translate to more money in teachers' back pockets and more money spent on Main Street.


At last count, 28 local associations had reported settlements exceeding $1,000 on base. The most recent "Gold Star" contract settlements are now available for review on NSEA's homepage at http://nsea.org/news/1011GoldStars.htm.


With settlements like this, teachers are doing their part to help grow and re-energize the economy!



Tuition Reimbursement Program Demand Exceeds Supply of Money

The Enhancing Excellence in Teaching Program (EETP) is a big hit for the second year in a row. As of June 30, 2010, 320 teachers received a total of $700,000. In 2009, 268 teachers received the tuition reimbursement okay. While $600,000 is made available for EETP loan forgiveness, the additional $100,000 came from unused money in the Attracting Excellence in Teaching Program (i.e., pre-service teacher education). Because of the limited amount of dollars available, there were 220 applications by Nebraska teachers that were not funded.


The Nebraska Department of Education (NDE) administers both programs. This year, EETP funds were allocated directly to post-secondary schools that have graduate programs (e.g., UNL, UNO, UNK, Nebraska's three state colleges, Doane College, etc.). Each school managed the application process, including the selection criteria, and prioritized the applicants to recommend to NDE. The funding limit for each request was $3,000 ($175 per credit hour). For more information, check out the NDE website at http://www.education.ne.gov/neteachered/eta/index.htm.


The EETP provides tuition reimbursement to Nebraska teachers enrolled in an eligible graduate program at an eligible Nebraska post-secondary school. Nebraska Lottery proceeds fund the program. Nebraska statute directs $1 million from the Nebraska Lottery fund to the Excellence in Teaching Cash Fund. That amount is shared between the Attracting Excellence to Teaching Program and the Enhancing Excellence in Teaching Program. The balance is directed to school districts for the purchase of distance education equipment.


There are 800 active EETP graduate program borrowers. That is, individual teachers who have received tuition reimbursement and are in the process of completing their graduate degree program, teaching for loan forgiveness, or in repayment. NSEA will work with lawmakers in the 2011 Legislative Session to increase funding for this program that is working well for teachers, students, and school districts.



Nebraska Student Elected to Lead National Student Program

University of Nebraska at Omaha senior Tommie Leaders has been elected to a two-year term as chair of the National Education Association's Student Program.


He was elected at the NEA Student Leadership Conference in New Orleans. As president, Leaders will represent the NEA Student Program's more than 67,000 members on the NEA Board of Directors, and will travel the country representing NEA at scores of local student meetings each year.


"I'm looking forward to the next two years. It's going to be a busy 24 months, but I'm excited and ready to start," he said.


As NEA Student Chair, Leaders will work out of the NEA headquarters in Washington, D.C. He will focus on improving membership and will encourage members to be more active, both in terms of community service and political action.


"We have members in every corner of the country, every city, every community. Imagine what we could do if each member were to stand up, speak up and serve," said Leaders.


In addition to attending the Student Leadership Conference, Leaders is in New Orleans for the NEA Representative Assembly, where he is one of 100 members of the Nebraska State Education Association in attendance. The Representative Assembly is the NEA's annual policy-setting meeting, with nearly 10,000 teachers from across the country in attendance. NEA's Representative Assembly is the world's largest democratic deliberative body.


Leaders served this past year as president of the Student Education Association of Nebraska, the 1,500-member student affiliate of the Nebraska State Education Association. He is an elementary education major.

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