Monday, September 28, 2009
Nebraska Supreme Court affirms Court of Industrial Relations decision to award back pay to former Dakota County School District speech teacher whom the District had improperly classified as a long term substitute teacher. South Sioux City Ed. Assn. v. Dakota Cty. Sch. Dist., S-08-1307, 278 Neb. 572. The District unilaterally decided to end (speech teacher’s) employment in December after she taught nearly every day of the first semester. authority of the Association and its rights would be undermined if the District were allowed to unilaterally designate probationary teachers as long-term substitutes. The District’s designation of speech teacher as a long-term substitute had the effect of unilaterally removing her from the bargaining unit. he CIR correctly concluded that speech teacher was not a long-term substitute, but performed as a probationary certificated employee and was therefore a member of the bargaining unit. The act of unilaterally paying speech teacher on a basis other than as provided in the Agreement and without bargaining with the Association about such a change was a violation of § 48-824.