New York City Council Header
File #: Res 0387-2014    Version: * Name: Mandate employee safeguards for experienced bus drivers, attendants, dispatchers and mechanics as part of all current and future bus contracts.
Type: Resolution Status: Adopted
Committee: Committee on Education
On agenda: 8/21/2014
Enactment date: Law number:
Title: Resolution calling on the New York State Legislature to pass, and for the Governor to sign, legislation that would mandate employee safeguards for experienced bus drivers, attendants, dispatchers and mechanics as part of all current and future bus contracts.
Sponsors: I. Daneek Miller, Mathieu Eugene, Elizabeth S. Crowley, Ben Kallos, Maria Del Carmen Arroyo, Inez D. Barron, Margaret S. Chin, Costa G. Constantinides, Darlene Mealy
Council Member Sponsors: 9
Attachments: 1. Committee Report 8/19/14, 2. Hearing Testimony 8/19/14, 3. Hearing Transcript 8/19/14, 4. Committee Report 8/21/14, 5. Hearing Transcript 8/21/14, 6. Hearing Transcript - Stated Meeting 8-21-14, 7. Minutes of the Stated Meeting - August 21, 2014
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
8/21/2014*I. Daneek Miller City Council Approved, by CouncilPass Action details Meeting details Not available
8/21/2014*I. Daneek Miller City Council Referred to Comm by Council  Action details Meeting details Not available
8/21/2014*I. Daneek Miller City Council Introduced by Council  Action details Meeting details Not available
8/21/2014*I. Daneek Miller Committee on Education Hearing on P-C Item by Comm  Action details Meeting details Not available
8/21/2014*I. Daneek Miller Committee on Education P-C Item Approved by CommPass Action details Meeting details Not available
8/19/2014*I. Daneek Miller Committee on Education Hearing on P-C Item by Comm  Action details Meeting details Not available
8/19/2014*I. Daneek Miller Committee on Education P-C Item Laid Over by Comm  Action details Meeting details Not available
Preconsidered Res. No. 387
 
 
Resolution calling on the New York State Legislature to pass, and for the Governor to sign, legislation that would mandate employee safeguards for experienced bus drivers, attendants, dispatchers and mechanics as part of all current and future bus contracts.
 
 
By Council Members Miller, Eugene, Crowley, Kallos, Arroyo, Barron, Chin, Constantinides and Mealy
 
Whereas, Prior to 1979, the now former New York City Board of Education ("Board") included employee protections in the competitive bidding process with school transportation companies; and
Whereas, The employee protections were designed to protect employees of private bus companies who were displaced as a result of contracts being awarded to new transportation companies; and
Whereas, In 1979, the Board decided to remove the employee protections from its bidding process, resulting in a strike by members of the Amalgamated Transit Union; and
Whereas, When the strike was resolved, the Board agreed to include new provisions that protected employees' wages, benefits, and seniority, known as Employee Protection Provisions ("EPPs"), in its bidding process for contracts for school transportation services for students in kindergarten through grade twelve; and
Whereas, Since 1979, the Board, now known as the Department of Education (DOE), included EPPs in its contracts with private providers of school transportation services for students in kindergarten through grade twelve; and
Whereas, In 2011, the New York Court of Appeals decided L&M Bus Corporation v. New York City Board of Education ("L&M Bus case"); and
Whereas, The L&M Bus case involved private bus transportation companies that brought an Article 78 proceeding challenging the inclusion of EPPs in a bid solicitation for pre-kindergarten busing as contrary to public bidding law; and
Whereas, The DOE argued, among other things, that EPPs were necessary to maintain a skilled workforce and promote safety; and
Whereas, The Court of Appeals struck down the EPP in question in L&M, reasoning  that DOE had not justified inclusion of the EPPs in the solicitation in accordance with the public bidding law; and
Whereas, Since the Court decision the DOE has entered into new contracts for school bus transportation services for students in kindergarten through grade twelve without the EPPs; and
Whereas, The thousands of school children and their parents deserve to have bus drivers, attendants, mechanics and dispatchers who are skilled, professional, and safe, and the bus drivers, attendants, mechanics and dispatchers deserve to have labor protections that they have worked hard to achieve;
Whereas, In order to achieve these goals, contracts for school transportation services for children in kindergarten through grade twelve should include safeguards that protect employees' wages, health and retirements benefits, and seniority; now, therefore, be it
     Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and for the Governor to sign, legislation that would mandate employee safeguards for experienced bus drivers, attendants, dispatchers, and mechanics as part of all current and future bus contracts.
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08/18/2014 16:44