Bill S7020-2013

Relates to certain contracts regarding bus drivers and bus driver's assistants

Relates to certain contracts regarding bus drivers and bus driver's assistants.

Details

Actions

  • Apr 16, 2014: REFERRED TO EDUCATION

Memo

BILL NUMBER:S7020

TITLE OF BILL: An act to amend the education law, in relation to certain contracts regarding bus drivers and bus driver's assistants

PURPOSE:

This bill would require school districts to abide by the existing collective bargaining agreement between its transportation contractor and its employees with regard to disciplinary action of bus drivers and assistance.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1604 of the education law by adding that school districts must abide by the existing collective bargaining agreement with regard to disciplinary action of bus drivers and assistance.

Section 2 of the bill amends Section 1709 of the education law by adding that school districts must abide by the existing collective bargaining agreement with regard to disciplinary action of bus drivers and assistance.

Section 3 of the bill is the effective date.

JUSTIFICATION:

Current law requires school bus drivers and assistants to secure special certification and licenses to convey school children to and from school. Those directly employed by school districts have statutory procedural protections against arbitrary and unfair disciplinary actions against them. Many suburban and rural school districts, however, contract out for transportation service; therefore existing statutory procedural protections in such matters are inapplicable. Employees of the transportation contractor of the school district may have contractual protections covering disciplinary actions, but the school district is not a party of that contract. Hence the school district is able to undertake disciplinary action against employees of its contractor, without abiding by previously agreed to due process protections. This legislation does not prevent the district from undertaking a disciplinary action; it merely requires it to abide by the terms in an existing contract between its transportation contractor and its employees.

LEGISLATIVE HISTORY:

2012 S4317- Referred to Education/ A7269- Referred to Education 2011 S4317- Referred to Education/ A7269- Referred to Education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7020 IN SENATE April 16, 2014 ___________
Introduced by Sens. LANZA, AVELLA, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion AN ACT to amend the education law, in relation to certain contracts regarding bus drivers and bus driver's assistants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 23 of section 1604 of the education law, as amended by chapter 269 of the laws of 1974, is amended to read as follows: 23. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when author- ized to do so under subdivision nineteen of section two thousand twen- ty-one, by vote of the inhabitants of the district entitled to vote, or to contract for the operation, maintenance and garaging of motor vehi- cles owned by the district, in accordance with such rules and regu- lations as such trustees may establish, consistent with the regulations of the commissioner of education. Upon authorization by a school district meeting, every such contract of transportation may be made for a period not exceeding five years, notwithstanding any provision of any other law inconsistent herewith. WITH RESPECT TO ANY CONTRACT ENTERED INTO UNDER THIS SUBDIVISION, THE DISTRICT SHALL ABIDE BY THE TERMS CONTAINED IN ANY COLLECTIVELY BARGAINED AGREEMENT APPLICABLE TO BUS DRIVERS AND DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING ENTITY, GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S ASSIST- ANTS EMPLOYED BY SUCH CONTRACTING ENTITY, PRIOR TO THE DISTRICT IMPOSING OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST SUCH DRIVER OR DRIVER'S ASSISTANT. S 2. Subdivision 27 of section 1709 of the education law, as amended by chapter 737 of the laws of 1992, is amended to read as follows: 27. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when author- ized to do so under subdivision nineteen of section two thousand twen- ty-one of this chapter, by vote of the inhabitants of the district enti-
tled to vote, or to contract for the operation, maintenance and garaging of motor vehicles owned by the district, in accordance with such rules and regulations as such board of education may establish, consistent with the regulations of the commissioner. Upon authorization by a school district meeting, every such contract of transportation may be made for a period not exceeding five years, notwithstanding any provision of any other law inconsistent herewith. WITH RESPECT TO ANY CONTRACT ENTERED INTO UNDER THIS SUBDIVISION, THE DISTRICT SHALL ABIDE BY THE TERMS CONTAINED IN ANY COLLECTIVELY BARGAINED AGREEMENT APPLICABLE TO BUS DRIVERS AND DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING ENTITY, GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S ASSIST- ANTS EMPLOYED BY SUCH CONTRACTING ENTITY, PRIOR TO THE DISTRICT IMPOSING OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST SUCH DRIVER OR DRIVER'S ASSISTANT. S 3. This act shall take effect immediately.

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