Lincoln Fire Fighters Ass'n, Local 644 v. City of Lincoln

McCown, J.,

concurring.

The opinion of the Court of Industrial Relations does not make separate findings of fact and conclusions of law. It does contain, however, the only record of the findings of fact and conclusions of law made by the Court of Industrial Relations. That record necessarily forms the basis for any appellate review. The opinion establishes that the wage rates for Lincoln were determined by making a direct mathematical computation of the mean (average) minimum and maximum wage rates for firefighters in the eight cities used in the array as of September 11, 1975. The only adjustment made to that mathematical average was a percentage increase based upon the estimated or anticipated percentages of increase which might be granted in the eight cities of the array in succeeding contracts. This adjustment was made to adjust the mathematical average of September 11, 1975, to a contract year of August 1, 1975, to July 31, 1976.

The record also shows that the mean population of the eight cities used in the array was 48.5 percent larger than Lincoln, and the median population of those cities was 36.5 percent larger than the population of Lincoln. The opinion specifically states that the Court of Industrial Relations was not comparing cities, populations, and amenities, but was comparing work done in fire departments in the eight locations.

*182It would be unusual indeed if any eight cities could be found which would be sufficiently comparable that an appropriate prevalent wage rate to be applied in a ninth city could be properly detérmined by simply making an arithmetical computation. Certainly it is appropriate for the Court of Industrial Relations to consider mean and median figures. Its determination of the prevalent wage rate to be applied in the case before it, however, needs to be made after weighing, comparing, and adjusting all comparable relevant factors in the cities making up the array. For purposes of appellate review the record presented in this court must support the determination of the Court of Industrial Relations. The record here does not support the determination.

Boslaugh, J., joins in this concurrence.