The largest school bus company in St. Paul filed suit July 14, asking the courts to throw out a new school district policy that makes it possible for bus drivers to unionize without going through a secret-ballot election.
First Student Transportation?s lawsuit argues that it is unconstitutional for the St. Paul School District to require bus companies to sign a ?labor peace agreement? with any union, or to require the companies to grant ?card check? representation as soon as a union proves that more than half the affected employees have signed union authorization cards.
The lawsuit, filed in federal district court, argues that the school district?s policy violates the National Labor Relations Act, usurps the authority of the National Labor Relations Board in determining a proper bargaining unit and other procedures, and lacks specifics in determining the validity of union authorization cards that bus drivers can sign.
The lawsuit seeks to block the school district from enforcing the policy and asks that the district pay legal and other costs incurred by First Student. The lawsuit does not seek monetary damages from the district.
online pharmacy buy zocor no prescription with best prices today in the USA
Similar to PLAs
The school board adopted the policy in May and incorporated what it calls ?proprietary interest? provisions into bid specifications for bus service in the 2003-?04 school year. Board members said the provisions are necessary to prevent disruption of bus service during what have become increasingly acrimonious election campaigns between bus companies and SEIU Local 284.
online pharmacy buy abilify online no prescription
School district officials said they could not comment directly on the lawsuit because they had not been served as of The Advocate?s press deadline. But school board chairman Al Oertwig said ?it?s a stretch to argue that the proprietary interest provisions violate labor law. If we felt it was a violation, we wouldn?t have proceeded the way we have.?
Oertwig compared the provisions in the bus contracts to ?no strike, no lockout? terms that the school district routinely requires under project labor agreements governing school construction work.
buy topamax online topamax no prescription
Union will defend policy
Brendan D. Cummins, an attorney for Local 284, said the union intends to join the lawsuit in defense of the proprietary interest provisions. Despite discussion about union representation, he said, the actual issue is the school district?s ability to ensure that bus service is not disrupted because of labor organizing disputes. During the school board?s months of debate on the policy, he said, the union provided arguments and factual support of the need for such provisions. He said the union would provide the same support in court.
Cummins said there is ?not a lot of case law on exactly the same issue.? However, in a case known as Boston Harbor, the U.S. Supreme Court ruled unanimously that ?a public agency can require a labor peace agreement to protect its economic interests,? he said.
First Student gets 80 percent of routes
The lawsuit was not unexpected. In submitting bids in June, all four bus companies serving the St. Paul district ? First Student, Centerline, Safe-Way and Monarch ? included virtually identical letters threatening court action against the proprietary interest requirements.
The board issued $15.382 million in bus contracts to the four companies on June 24. First Student received 80 percent of the district?s 350 bus routes.
Michael Murray, general counsel and deputy CEO for First Student Inc. in Cincinnati, said that, despite the dispute, First Student would abide by other terms of the contract and provide bus service this fall. Murray said he didn?t know whether other bus companies would join First Student in the lawsuit. ?Obviously, we share the same interests, but we haven?t discussed it with them in terms of litigation,? he said.
Provisions govern company, union behavior
The bid specifications require bus companies to sign a ?labor peace agreement? within 30 days of being notified that a union is attempting to represent drivers or other employees.
SEIU Local 284 sent such a letter on June 27, said Shelly Hagglund, an organizer with the union.
The lawsuit will not hinder organizing attempts, she said. ?We?re still talking to workers, they?re still signing cards. We?re going to keep on keeping on.?
The bid specifications do not require bus companies to remain neutral during union organizing drives, and do not prevent them from running anti-union campaigns.
On the flip side, the labor peace agreement forbids the union from ?taking any economic action against? a bus company that would disrupt the transportation of students ? including strikes, picketing, boycotts, slowdowns, work stoppages or ?any other job action which interrupts the timely and efficient performance by the contractor.?
Michael Kuchta is editor of the Union Advocate, the official publication of the St. Paul Trades & Labor Assembly, AFL-CIO. E-mail the Advocate, advocate@mtn.org.
Share
The largest school bus company in St. Paul filed suit July 14, asking the courts to throw out a new school district policy that makes it possible for bus drivers to unionize without going through a secret-ballot election.
First Student Transportation?s lawsuit argues that it is unconstitutional for the St. Paul School District to require bus companies to sign a ?labor peace agreement? with any union, or to require the companies to grant ?card check? representation as soon as a union proves that more than half the affected employees have signed union authorization cards.
The lawsuit, filed in federal district court, argues that the school district?s policy violates the National Labor Relations Act, usurps the authority of the National Labor Relations Board in determining a proper bargaining unit and other procedures, and lacks specifics in determining the validity of union authorization cards that bus drivers can sign.
The lawsuit seeks to block the school district from enforcing the policy and asks that the district pay legal and other costs incurred by First Student. The lawsuit does not seek monetary damages from the district.
online pharmacy buy zocor no prescription with best prices today in the USA
Similar to PLAs
The school board adopted the policy in May and incorporated what it calls ?proprietary interest? provisions into bid specifications for bus service in the 2003-?04 school year. Board members said the provisions are necessary to prevent disruption of bus service during what have become increasingly acrimonious election campaigns between bus companies and SEIU Local 284.
online pharmacy buy abilify online no prescription
School district officials said they could not comment directly on the lawsuit because they had not been served as of The Advocate?s press deadline. But school board chairman Al Oertwig said ?it?s a stretch to argue that the proprietary interest provisions violate labor law. If we felt it was a violation, we wouldn?t have proceeded the way we have.?
Oertwig compared the provisions in the bus contracts to ?no strike, no lockout? terms that the school district routinely requires under project labor agreements governing school construction work.
buy topamax online topamax no prescription
Union will defend policy
Brendan D. Cummins, an attorney for Local 284, said the union intends to join the lawsuit in defense of the proprietary interest provisions. Despite discussion about union representation, he said, the actual issue is the school district?s ability to ensure that bus service is not disrupted because of labor organizing disputes. During the school board?s months of debate on the policy, he said, the union provided arguments and factual support of the need for such provisions. He said the union would provide the same support in court.
Cummins said there is ?not a lot of case law on exactly the same issue.? However, in a case known as Boston Harbor, the U.S. Supreme Court ruled unanimously that ?a public agency can require a labor peace agreement to protect its economic interests,? he said.
First Student gets 80 percent of routes
The lawsuit was not unexpected. In submitting bids in June, all four bus companies serving the St. Paul district ? First Student, Centerline, Safe-Way and Monarch ? included virtually identical letters threatening court action against the proprietary interest requirements.
The board issued $15.382 million in bus contracts to the four companies on June 24. First Student received 80 percent of the district?s 350 bus routes.
Michael Murray, general counsel and deputy CEO for First Student Inc. in Cincinnati, said that, despite the dispute, First Student would abide by other terms of the contract and provide bus service this fall. Murray said he didn?t know whether other bus companies would join First Student in the lawsuit. ?Obviously, we share the same interests, but we haven?t discussed it with them in terms of litigation,? he said.
Provisions govern company, union behavior
The bid specifications require bus companies to sign a ?labor peace agreement? within 30 days of being notified that a union is attempting to represent drivers or other employees.
SEIU Local 284 sent such a letter on June 27, said Shelly Hagglund, an organizer with the union.
The lawsuit will not hinder organizing attempts, she said. ?We?re still talking to workers, they?re still signing cards. We?re going to keep on keeping on.?
The bid specifications do not require bus companies to remain neutral during union organizing drives, and do not prevent them from running anti-union campaigns.
On the flip side, the labor peace agreement forbids the union from ?taking any economic action against? a bus company that would disrupt the transportation of students ? including strikes, picketing, boycotts, slowdowns, work stoppages or ?any other job action which interrupts the timely and efficient performance by the contractor.?
Michael Kuchta is editor of the Union Advocate, the official publication of the St. Paul Trades & Labor Assembly, AFL-CIO. E-mail the Advocate, advocate@mtn.org.