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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38557
Experience:  Retired (mostly)
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A school bus driver bidded a route by senority and have been

Customer Question

A school bus driver bidded a route by senority and have been on time to and from school for special severe children and some regular children and have a school that is not in our district but part of the route. Is it okay for the director to just take away that school and just hand it out to a new created route? Did not go over the 8 hours and guarantee 4+ hours. Our old shool bus manual says the origianal route stays until school ends and not in the negotiation contract but been past practice. Will be going to a mediator had 1st and 2nd step grievance. The human resource supertendent also denied a 2nd step grievance meeting by letter from a prior 1st step grievance and can this be presented?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
If you are asking whether or not the HR representative's refusal to permit a 2nd-step grievance can be added to the list of grievances at mediation, then the answer is "no." The reason is because the HR rep's conduct is not the subject of your grievance -- the denial of your route bid is the subject.

You would have to bring a new grievance against the HR rep to complain about the denial of the 2nd-step grievance.

Note: if I am misunderstanding your question, feel free to clarify, and I will try again.

Hope this helps.

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Customer: replied 5 years ago.

How can I argue that the director should not have taken part of the route from the driver?

Expert:  socrateaser replied 5 years ago.
If it were me, I would try to show that the director's actions directly violates the school's employment policy handbook (which is what you have already stated is part of the old handbook), and therefore is a material breach of the implied contract and covenant of good faith between the school and the employees. This is a fairly standard argument in employment disputes.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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