Database Search Result Details
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First Name
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JALLETTA
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Last Name
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MOORE
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Decision Date
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6/30/1987
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Docket Number
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35-87-027-3
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ALJ
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NK
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Respondent
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OHIO COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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BUS OPERATOR
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Topics
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EXTRA DUTY
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Primary Issues
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Supplemental Bus Runs
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Outcome
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GRANTED
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Statutes
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18A-4-8a, 18A-4-16, 18a-4-8b
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Related Cases
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351 S.E.2D 58 (W.VA. 1986)
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Keywords
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SUPPLEMENTARY; POSTING; EXTRACURRICULAR RUNS
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Ohio County, 2/2/88, Civil Action #87-C-AP-004, Reversed
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Supreme Court
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Synopsis
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A six hours workday has been established by the Ohio CBOE for its bus operators and every employee hired as a full-time operator with duties in excess of three and one-half hours is entitled to full-time wages. Bus operators and Ohio CBOE school officials have agreed to deviate from statutory requirements regulating certain work assignments, specifically the allocation of supplemental bus runs. The oral agreements entered into by the parties under existing supplementary employment such as extra-duty or extracurricular assignments are permissible, valid and enforceable. The BOE practice relative to its school bus operators' work assignments negotiated between employer and employee for mutual benefit is permissible and valid if all components are agreed upon by all affected employees; a modification of the contractual entitlement and employee agreement regarding the assignment of supplemental bus runs is arbitrary and void as a matter of law. Grievance denied; Respondent is assigning ECE runs to drivers with less seniority for the purposes of filling their work schedules to make their work schedules six hour. Assignment of supplemental runs to 'fill' a bus driver's schedule is not permissible and these runs must be offered to senior bus operators in the agreed manner.
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