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COA orders court to determine whether driver fired for just cause

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The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.

Lula L. Jenkins was fired from her job as a bus driver for South Bend Community School Corp. after it was determined she violated two work rules by allowing a child to ride her bus past the child’s destination and into the school corporation’s maintenance facility. She and the union, American Federation of State, County and Municipal Employees Council 62, and AFL-CIO Local 686, filed a grievance under the collective bargaining agreement. Article 4 of the CBA sets forth the four-step grievance procedure and defines what is a grievance. Article 4 also provides that “[t]he grievance and arbitration provisions of this article are an exclusive remedy. With respect to every arbitration, the decision of the arbitrator shall be advisory to the Superintendent and not binding on either party.”

A neutral arbitrator determined that just cause didn’t exist to support Jenkins’ discharge and issued an order that she be reinstated with back pay, benefits and seniority. The school corporation declined, saying the order is merely advisory based on Article 4. Jenkins and the union then sought a de novo judicial review of whether the CBA was violated.

St. Joseph Circuit Judge Michael Gotsch granted the SBCSC’s motion for summary judgment without conducting a de novo review of whether the CBA was violated. He concluded the SBCSC was within its right to fire Jenkins and that the superintendent wasn’t contractually compelled to follow the advisory opinion of the arbitrator.

“In this case, we conclude that the ‘exclusive remedy’ provision of the CBA at issue here was intended to function only as an exhaustion-of-administrative-remedies provision and not as a bar to Jenkins’s exercise of her right to free and open courts and their remedies,” Judge James Kirsch wrote. “Thus, under this CBA Jenkins must proceed through the grievance procedure prior to resorting to judicial review of her claims. The advisory nature of the arbitrator’s award allows the non-prevailing party, here SBCSC, to reject the award, thus triggering judicial review, either under the (Indiana Uniform Arbitration Act’s) provisions or for a determination whether the facts found by the arbitrator support the award. Consequently, we find that the trial court erred by declining to make that determination and by entering summary judgment in favor of SBCSC.”

The appellate court remanded Lula L. Jenkins, et al. v. South Bend Community School Corp., 71A03-1206-PL-260, for further proceedings.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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