Wednesday, February 23, 2000
High court hears case by Batavia bus drivers
BY SPENCER HUNT
Enquirer Columbus Bureau
COLUMBUS — There is nothing different about Ron Reisinger — not in the eyes of the students who ride his Batavia Schools bus every weekday.
In August 1998, the Batavia School Board decided to lay off Mr. Reisinger, the district's 12 other bus drivers and a mechanic before signing a five-year busing contract with Laidlaw Transit.
Though the deal made Laidlaw hire all the drivers back at higher salaries, the former school employees found their benefits weren't as good and their union couldn't speak for them.
“If I wanted to stay employed, it was my only choice,” Mr. Reisinger said. “I feel like a slave. I was sold.”
A test case
Many school districts opt to privatize bus services to cut costs and lawsuit risks. In March, the Lebanon School District signed a similar five-year contract with Laidlaw, which in turn hired that district's 57 drivers.
The Batavia case is the first labor dispute of its kind to reach the Ohio Supreme Court. The seven justices heard arguments Tuesday for and against the drivers' bid to get reinstated as school employees.
James E. Melle, an attorney for the Ohio Association of Public School Employees, said the board could legally lay off the workers. But he said state law ensures that the workers' union representation, benefits and contract still applied when they resumed bus-driving duties for the district.
“Laidlaw doesn't recognize us,” Mr. Melle said.
Equal criticism
Bronston McCord, the Batavia district's attorney, said the law doesn't apply because union negotiators gave school officials the power to lay off workers in the contract. He said the contract trumps state law.
“That collective bargain ing agreement says we can lay off and abolish positions,” Mr. McCord said. “If we can do that, in my mind the case is closed.”
The justices' comments and questions did not provide any hints about how the court will decide the case. Justice Evelyn Lundberg Stratton was equally critical of both arguments.
“If we rule as you want, will we effectively say governments cannot privatize anything?” she asked Mr. Melle.
About the school district, Justice Lundberg Stratton said: “Wasn't this an end run around the union? The school board essentially has the benefit of all the work, but it doesn't have to worry about the union or the benefits.”
Decreased benefits
As school district employees, the drivers had fully paid health and dental insurance, and $50,000 life insurance policies, court briefs show. They also could accumulate unused sick days from year to year and cash them in for severance-pay benefits.
Mr. Bronston said Laidlaw gave the drivers 3 percent raises. But Mr. Melle said they had to pay health insurance premiums, got $25,000 life insurance policies and could not build up sick days or severance benefits.
Although the school district made Laidlaw offer to hire the district drivers, Mr. Bronston said the drivers were not forced to take the jobs.
The case now goes to the justices for a ruling. The court typically issues opinions within three to six months.
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