By Owner-Operators—

School Board Attorney Discusses

State Labor Board Complaint

By Eliza Hallabeck

First explaining that the State Board of Labor Relations pending complaint may restrict his comments on the subject, the Board of Education’s attorney Floyd Dugas spoke with the school board about that complaint by local school bus owner-operators at the board’s meeting on Tuesday, December 20.

“All of the owner-operators have individual contracts,” said Mr Dugas, “and in each of those contracts, it specifically says they are independent contractors.”

The complaint, filed on behalf of the owner-operators, with the State Board of Labor Relations alleges the district violated the Municipal Employees Labor Relations Act (MELRA).

The complaint, issued by attorney Henry F. Murray, alleges a violation of Section 7-470 (4) of MELRA in that the board failed to bargain with the owner-operators through their elected contract committee with respect to its decision to subcontract school bus driving responsibilities.

Following an executive session on October 4, the Board of Education voted 5-1, with current board Chair and then-Vice Chair Debbie Leidlein the sole vote against the motion, to approve the final five-year contract between the school district and All-Star Transportation Inc, of Torrington. The contract was originally awarded to All-Start in early September.

The collective owner-operators tendered the fourth lowest bid at $11.7 million; First Student Transportation bid just over $11 million and DATTCO presented an $11.4 million bid for the contract. All-Star was the lowest qualified bidder for the 2012-17 contract, at just over $10.2 million for the five-year contract.

Mr Dugas explained the owner-operators filed the complaint while the Request for Proposal (RFP) was open for the contract.

“In effect, what they allege is, number one, that they are employees; number two, that the owner-operator committee is a union; and number three, that, essentially, the Board of Education legally refused to bargain with them and went for an outside and subcontractor,” Mr Dugas said.

The first day of the formal hearing on the complaint, Mr Dugas reported, is December 29 at 1:30 pm. He also said he expects there to be multiple hearings that will be scheduled when the State Board of Labor Relations’ calendar permits time.

“It’s likely we would see a decision before midsummer,” Mr Dugas continued, “and it could certainly, possibly, take longer than that.”

In response to questions from school board member John Vouros, Mr Dugas said the owner-operators, with some exceptions, have contracts that expire June 30.

“So, as things are set now, their contracts would expire, with a couple of the exceptions mentioned, and the bus company All-Star would pick up from that point,” said Mr Dugas.

Board of Ed Secretary Cody McCubbin asked Mr Dugas what the school board’s obligations would be if the State Board of Labor Relations sides in favor of the owner-operators on the complaint.

Mr Dugas said that is a question with no easy answer. If the state board finds the owner-operators are employees, Mr Dugas said one outcome could be that the school district could still contract for the school transportation services and maintain the owner-operators as employees while not maintaining the use of the owner-operators’ buses.

That eventuality, Mr Dugas said is factored into the contract with All-Star.

After Ms Leidlein asked Mr Dugas if the school board should be taking any steps to minimize potential ramifications, Mr Dugas said nothing came to mind in regard to the State Board of Labor Relations complaint.

While Mr Dugas said deliberation could occur on the dispute between the school board and the owner-operators before the state board makes its ruling, he also noted All-Star Transportation has already made a contract with the district.

In normal business situations where a contract is terminated, Mr McCubbin commented a company, in this case All-Star, would be compensated for the loss of business.

The owner-operator system began in 1934, according to Town Historian Dan Cruson’s Educating Newtown’s Children: A History of Its Schools.

An audio recording of the Board of Education’s December 20 meeting accompanies this story at NewtownBee.com.