Legal Victories Result In Jobs, Backpay And Protection

     Two separate arbitration wins for Teamsters Local 445 in recent weeks have not only resulted in job reinstatements with significant backpay awards for two bus drivers, but have laid down important legal protections for the more than 600 other bus drivers and monitors in our Union.

     Those legal directives include protection when a driver or monitor is fired on the word of school district officials rather than an objective investigation, and protection when a known dangerous situation is not alleviated by management, and that situation leads to an accident.

     In the first case, First Student Valley Central school bus driver Vicki Bath was fired last May after she pulled her school bus to the side of the road and turned it off to attend to a situation outside her bus. A parent reported the incident to the school district, and the district demanded that First Student terminate Sister Bath.

     “This is a situation that is all too common for bus drivers everywhere, as the employer usually always follows the word of the complaining party,” said Local 445 Secretary-Treasurer/Principal Officer Adrian Huff, who himself took charge of the case with the help of Local 445 attorneys. 

The Union took the case to arbitration, where an independent judge ruled that because the Union contract required an employee only be fired for “just cause,” the company had an obligation to do its own investigation rather than rely on the word of others. “The company did not provide an adequate investigation of the circumstances,” the arbitrator ruled. 

     Sister Bath was awarded reinstatement and backpay, the amount of which is still being determined by the company.

“The union fought for me right from the beginning,” said Sister Bath. “Finally my side of the story was heard.”

     In the second case, West Point/Akima bus driver Peter Van Haaster was terminated last April after he accidentally sideswiped a road sign at the Military Academy, slightly damaging the bus. 

     “We immediately protested the termination, because the dangerous position of that sign had been discussed at a company safety meeting, but no action was taken,” said Local 445 President Barry Russell, who helped prepare the case along with Union attorneys.    

     Brother Russell had great help from Shop Steward Ted Hagan and Teamster bus driver Richard Boucher, who testified that he had pointed out that the road sign was too close to the road to company officials during two separate safety meetings. Brother Russell also had photos taken of the sign as West Point workers moved it to a safer spot after the accident.

     “It shouldn’t be the driver’s responsibility if the company has been warned well in advance to correct a situation, and the problem is not addressed,” said Brother Russell.

The independent judge agreed, and awarded Brother Van Haaster reinstatement to his job with more than $35,000 in backpay.

     “I am just so very grateful to the Union for standing with me,” said Brother Van Haaster.

     On the heels of these two important arbitrations won earlier this year on behalf of our bus drivers, Local 445 Recording Secretary/Business Agent Marty Smith won our most recent arbitration victory on behalf of Metroplex Teamster Arsenio Avila. Brother Smith had Brother Avila reinstated to his former job, after he was fired for allegedly incorrectly filling out his order sheets. Metroplex, located in Harriman, is a major distributor of McDonald’s supplies. “It’s important that our members – and their employers – know that Teamsters Local 445 will go all the way with arbitrations when we believe an employee is unfairly disciplined or terminated,” said Brother Smith.

     Brother Huff said our Union will not hesitate to take any such cases to arbitration before an independent judge. “One of the many great things about having the protection of a Union contract is knowing you have the right to an independent hearing if the company unfairly disciplines or terminates you,” he said.