ILNews

COA orders court to determine whether driver fired for just cause

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT