This might get a little bit confusing so please read carefully.
Has anyone ever encountered a problem where the contract First Student has with their school district differs with their contract they have with the drivers?
Here is our example:
We had a driver who was accused of picking up and discharging a student at the wrong location. Our contract specifies progressive discipline (oral, written, suspension) measures and the right to the grievance procedure. However our First Student location's contract with their School District states that the transportation director retains the right to request the removal of any driver. Which contract is correct? Has anyone run into something like this at their location? At the step 2 grievance meeting this was their excuse that it was out of their hands. We now have to set up a date for arbitration, in the meantime this driver was removed from her route, given a crappy run that gives her 1/3rd less hours a week and she is banned from bidding on any extra trips. Any advice would be very welcome.
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As the Steward for Trenton
As the Steward for Trenton NJ location I have encountered this situation many times. First,our local/contract requires that all requests to remove a driver be in writing from the district.Then,the company and the union do the investigation.Upon completeing the investigation,if the driver is wrong,the driver is switched to another route without further reprimand.The driver usually ends up with a little less time,maybe an half hour.There have been 3 occassions that the driver has been returned to the route though.....the parents have to contact transportation and push the issue with them.This has worked here.
You know the old saying....
You know the old saying.... "The customer is always right"? This holds with school districts too. They get what ever they want. Our location has had these problems. Pressure is put on them by the parents who demand that a driver be removed from a run. In turn the company sometimes has to remove the driver from all work done for that district to satisfy the school. Even if the charge turns out to be bogus it won't matter to the school or the company if the parents have anything to say about it.
The discipline by the company is another matter. They have to go by policy and your union contract. Considering the child was left at the wrong stop and the driver was not fired she should count herself lucky and be more carefull from now on.
If you noticed, I said the
If you noticed, I said the driver was accused of making a wrong stop. According to her aide, the parents, and fellow students (all in writing) she did not make an improper stop. However that doesn't seem to matter when the contract manager and the person pulling his puppet strings, the transportation director want her off the run.
If the parents of the
If the parents of the student back up the driver and FS and the school persist something indeed smells fishy. You just have to let the union handle it. But I would want a copy of everything in my file. Stuff in employee files gets added or goes missing all the time. This happens in any business where they like to have something to hold over your head just in case they want to terminate you. The driver needs to be prepared just in case she needs to or wants to keep going with this if the union fails.