https://www.nysenate.gov/legislation/bills/2015/a8019/amendment/c

Rock Tavern, NY - The men and women who transport schoolchildren for Student Transportation of America (STA) in Middletown, have voted 56-47 to join Teamsters Local 445 in Rock Tavern. The organizing campaign was met with resistance from the company, but the drivers persevered and won a hard fought battle with STA. The workers gained not only a pay raise but also improved working conditions. There are 110 drivers in the bargaining unit.
"My co-workers and I united for the ability to negotiate a contract that guarantees accountability from STA," said Hector Cruz, a driver with STA in Middletown. "The lack of respect from management must stop. As Teamsters, we will gain a contract to ensure that we have fairness, safety and respect throughout our workplace."
Sue Maxwell, another driver with STA in Middletown, and one of the leaders of the organizing committee, said, "We stayed united in the face of tough opposition from STA management. We needed our concerns addressed, and to put an end to favoritism and protect seniority."
The victory in Middletown marks a significant win for IBT's national organizing program. The Teamsters' Drive Up Standards campaign is a global initiative to improve safety, service and work standards in the private school bus and transit industry. Since the campaign began in 2006, more than 38,600 drivers, monitors, aides, attendants and mechanics have become Teamsters.
"We're proud to welcome these workers into the Teamster family," said Lori Polesel, Local 445 business agent. "The strength and unity they have displayed throughout their organizing campaign to gain respect in their workplace shows they will be strong union members with the ability to secure a strong contract."

Its not just the loss of Uber , Upstate, downstate, the 5 boroughs and Long Island our 1181 Transportation union is not taken seriously , not for the issues of past corruption, not for the issues of voter fraud, not for the issue of sending their membership out on a useless ineffective laughable strike, the reason that they are not getting any respect at the voting booths and the ballot boxes of bus company's employees who are choosing which transportation union to lead them into their future


THE REASON IS BECAUSE TIME AND TIME AGAIN THEY THROW THEIR MEMBERSHIP UNDER THE BUS, THE REASON IS THAT MICHAEL CORDIELLO , OUR CURRENT PRESIDENT , HAS THE LABEL OF BEING THE BUS COMPANIES OWNERS BEST FRIEND, THE END RESULT HAS BEEN THAT WE WENT FROM THE INDUSTRY LEADERS TO THE TRANSPORTATION LOCAL TO STAY FAR AWAY FROM, THIS LACK OF HONEST ,SINCERE , LOYAL , TRANSPARENT EFFECTIVE LEADERSHIP WILL ULTIMATELY KILL OUR LOCAL . WE , BECAUSE OF THIS BLIGHT , ARE LOOSING THOUSANDS OF NEW DUES PAYING MEMBERS EVERY YEAR TO OTHER UNIONS , MEMBERS THAT WOULD HAVE ULTIMATELY CONTRIBUTED TO OUR DWINDLING PENSION FUND , MEMBERS THAT WOULD HAVE ADDED TO OUR MEDICAL PLAN RESULTING IN RATE REDUCTIONS ACROSS THE BOARD FOR ALL OF US , WE ARE GETTING WEAKER WHILE THE OTHER TRANSPORTATION UNIONS ARE GETTING STRONGER , WE WILL NEVER DRAW OTHER BUS COMPANIES TO OUR UNION WITH THE GARBAGE LEADERSHIP WE HAVE , AND THIS IS NOT JUST ME SAYING THIS IT IS BEING SAID BY THE. BALLOT BOXES OF ALL THE BUS COMPANIES , VOTERS THAT WILL NOT TRUST THEIR FUTURE TO THE PRESENT LEADERSHIP AT THE A.T. U. LOCAL 1181, AND WHY SHOULD THEY , THE LEADERSHIP THAT NOW. HAS THE " INDUSTRY WIDE REPUTATION OF WEAK , INEFFECTIVE , PRO CONTRACTOR REPRESENTATION. " INSTEAD OF OUR UNION TRYING TO ORGANIZE OTHER MEMBERSHIPS IT WILL TURN AROUND ON US AND SOON THE LIONS OF OTHER UNIONS WILL BE AT OUR GATE LOOKING TO PICK US APART.

List, , least
English dictionary

Why would I not care about people that suffer through the job as I do , I care about all the people at Pioneer , all of them except one jerkoff , hay just-right can you guess who that might be, go ahead ,just look in the mirror !!!

its a sad day that you might get kicked in the teeth and have to say , thank you, there has been too many good , hard working people that have had to say goodby to this job through no fault of their own , now we have been put into the fire one more time, if we were all under one contract it would be a no brainer to dismiss any insulting contract, but because of the decision our current leadership has elected to stand behind that leaves us unprotected under multiple contracts it would be terrible to see any brother or sister find themselves replaced and not have a job, it might be better to pick this fight when we have stronger leadership.

Since the last strike some contractors have invested in STRIKE INSURANCE , this will cover close to 80% of lost revenue and if you figure in what will be saved in operating costs , why would he not want you to strike , and why would he give you a decent contract, why would he negotiate with the same fool that gave up the whole store to them and then comes back looking for a refund, we have been played big time, remember this next time your Stewart packs you all in the buses to go to a phony  Cordiello vote , it's all on the members once again, you now need to think about a hypothetical scenario, that is not really so hypothetical because it has happened before , you go out on the strike line and since we all have multiple contracts no other 1181 company will strike with you because it's not there contract and will face immediate termination , the BOE pulls Pioneers  work, your company closes it's doors and says goodby to all of you, your GM has plenty of time to replace the membership with all new low paid drivers, re opens under a new name with all his new drivers after he puts a new  bid in on the next round of BOE work and he is golden, hence the tragedy of not having a union wide contract, because anyone can replace a few hundred workers but replacing a whole union is something that won't happen , tell your boy Michael to get us all back under ONE CONTRACT and bring back our combined unified strength he gave away with a wink and a nod to his best friends the CONTRACTORS!!!!,,,, don't matter who you work for we are all in a world of trouble!!

At least you are not criticizing the content ( short enough) 

2574 on the master list as of sept. 2013,  1 st. master picks netting just under 1200 ( Atlantic express up to seniority no. 90 ) during that pick the union offered up 4 non bus companies , Quality, Pride, New Dawn, and Jofaz, the members were told by Michael Cordiello that taking the spots in those companies would not jeopardize their status as members of 1181, they were 1181 yesterday, they are 1181 today and they would be 1181 tomorrow, the first week in the new non-1181 companies they were handed new union cards  and we're told to sign or be dismissed, when Michael Cordiello was made aware of this , although being promised that they would remain 1181 members , Michael turned his back on them. 2 nd. Master pick netted another 75 ( 35 runs 25 shapes and 15 casuals, before the 3rd. And last pick ( this pick offered less than 15 casual 1181 spots) approximately 400 members were removed from list for refusing to accept casual status at various bus company's and placements at non 1181 companies  ,such as the 4 listed previously , and approximately 225 either gave up or found other employment , at this point the list had 1061 active members who we're waiting for a phone call when as of the last week in. September 2015  the list was removed from the website, as of today the list has not reappeared , THESE  MEMBERS WERE NEVER REHIRED , the union just made the list disappear ,and as of the 2300 matrons only less than 150 were ever rehired being replaced by new 1181 and non-1181 employees at various bus companies.

One delegate was over heard to have said when asked why were all those 1181 companies were given such a free pass to hire hundreds and hundreds of new drivers and matrons from the street bypassing the unions master seniority list, his response was , who the f--k cares , that it was good for the company's to hire on their new cheap contract and even better for us because all those people that got screwed would never vote for us anyway, win win, you get it.


Given the opportunity Mr. Thomas Salerno would welcome the chance to sit down with the members from Staten Island to discuss this subject and other areas of union misinformation and also to address face to face the members that have been constantly attacking his honesty and good character and years of loyal service to this union, just let him know when and where.

I think it's appropriate to add a post on the subject of what policy's and what direction LEGALLY ELECTED FRESH leadership would be implementing and putting into place before any contract negotiating would start with any companies . At this critical and strategic place in our unions time line one should first reflect on what we had suffered to earn over the last 35 years , not a bloated and extravagant salary,  but a living wage , and how we ,in such a short time, had to watch as what was earned with blood was bargained away during the Cordiello era. During the last 6 years the philosophy on how our union governs shifted from a member based decision making process to a contractor driven PARTNERSHIP where as our union decided that it was more important to bypass what was in the best interest of its members and concentrate on doing everything in its power to keep the bus company's as profitable as possible with the mindset that a filthy rich bus company will never go out of business and the millions of dollars that went back into the contractors pockets , that this would be in the new best interest of the union  and the owners ,  people have been very confused over and over again on why none of the policies the Cordiello administration put into place and why so many  anti membership contract decisions were made seemingly with no level of common sense and devoid of any respect of how hard the membership suffered to gain every financial inch over the years only to see our contractual strides disappear in an instant , well it is no confusing once you realize that we are now NOT the most important piece to the puzzle the contractors are . So let's get back to what policies NEW and FRESH leadership would be bringing to the table for the membership,  before one contract would be drawn , before one member cast his or her vote , what would take place is that a new foundation would be clearly laid out , a new foundation built on dignity and respect for the members and the one aspect that keeps a union strong, RESPECT FOR SENIORITY , NUMBER 1 , AN INDUSTRY WIDE SENIORITY PICK, NUMBER 2, GETTING THE MEMBERSHIP BACK INTO A MORE COST EFFECTIVE HEALTHCARE OPTION SUCH AS REVISITING WHAT MAGNACARE WOULD OFFER  US TODAY ( THEY DID VERY WELL FOR THE MEMBERS BEFORE AND SHOUD NOT HAVE BEEN DROPPED ) AND THREE , AND THE MOST IMPORTANT ASPECT OF BEING IN A UNION , WHERE OUR STRENGTH IS DERIVED FROM WHAT MAKES US ALL UNIFIED BROTHERS AND SISTERS THE ACT OF BRINGING  THE MEMBERSHIP BACK UNDER ONE CONTRACT , THE CORDIELLO ERA OF DIVIDING A UNION AGAINST ONE ANOTHER WOULD END. " ONE UNION ONE CONTRACT " all this could and would and should be done before one pen hit a contract for this membership , none of this would cost the union a dime and would allow us negotiate with the contractors from a point of STRENGTH instead of being weak and divided , A NEW DAY , A NEW START , NEW LOYAL,  EFFECTIVE, HONEST , TRANSPARENT LEADERSHIP  BUILT ON THE TIME PROVEN PHILOSOPHY OF " MEMBERS FIRST CONTRACTORS LAST " it's what built this union in the past and is what will DRIVE THIS LOCAL INTO THE FUTURE, " UNITED WE BARGAIN DIVIDED WE BEG  " THOMAS SALERNO SUPPORTS THESE POLICIES AS A REALISTIC FIRST STEP, THOMAS SALERNO IS THE FUTURE OF OUR UNION!!!!!'

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This has been written in a format to be reposted where it can be of use to our cause, the senate is back in session and our bill remains stuck in the Rules Committee , so feel free to copy and paste and place on any website that you think would generate phone calls to the people in Albany that hold our EPP bill in their hands, it's a new year with new hope and the passage of this bill before the end of our contract negotiations would put us in a better bargaining position with the contractors and might set the stage to bring our union back under one contract, good luck !!!!,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
God bless all who get up and into their buses before dawn for our children's safety,,,,,,,,, we here in NYC are fighting against vicious union busting , the bus company owners association in NYS have been throwing millions of dollars at our politicians to transform the salary structure and job seniority structure in what we look at as a skilled profession and turning it into a part time transient job, thus putting profit before safety , we ask nothing from our brothers and sisters on this site that share our respect for the important responsibility of transporting our most precious cargo , our children , other than if you find the time to join us in flooding the NYS senate with phone calls in the support of this important bill that must be passed to insure that senior drivers and matrons and mechanics remain on the job , our children and your children deserve nothin less than the best, god bless you all , be well and be safe , and thank you from the 15000 members of the Amalgamated Transit Union Local 1181.
Bill / Floor Vote Search
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Bill No.:
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S05984 Summary:
BILL NO S05984
SAME AS SAME AS A08019
SPONSOR GOLDEN
COSPNSR
MLTSPNSR
Amd S305, Ed L
Relates to contracts for the transportation of school children.
Go to top
S05984 Actions:
BILL NO S05984
06/16/2015 REFERRED TO RULES
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S05984 Votes:
There are no votes for this bill in this legislative session.
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S05984 Memo:
Memo not available
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S05984 Text:
STATE OF NEW YORK
________________________________________________________________________
5984
2015-2016 Regular Sessions
IN SENATE
June 16, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to contracts for the
transportation of school children
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Statement of legislative findings and necessity. The legis-
2 lature hereby finds that for three decades beginning in 1979, following
3 a strike by school bus workers, the school bus contracts of the board of
4 education of the city of New York included employee protection
5 provisions requiring transportation contractors, among other things, to
6 give priority in hiring to employees who became unemployed because of
7 their employers' loss of bus contract work for such board and to pay
8 such employees the same wages and benefits they had received prior to
9 becoming unemployed.
10 Following the 2011 decision by the New York State Court of Appeals in
11 L&M Bus Corp., et al., v. the New York City Department of Education, et
12 al., the board of education of the city of New York did not include the
13 employee protection provisions that had been part of the board's school
14 bus contracts for over 30 years or any similar provisions in its solic-
15 itations for its school bus contracts. After the issuance of the first
16 such Post-L&M solicitation; there was a school bus strike in January and
17 February of 2013. During this strike, many children were either unable
18 to attend school or were burdened, along with their families, with find-
19 ing alternative modes of transportation in the heart of winter.
20 The legislature further finds that the board of education of the city
21 of New York contracts with 62 companies to provide vital school bus
22 transportation to 149,000 school-age children. Pursuant to the education
23 law, the state reimburses the board of education of the city of New York
24 for a substantial percentage of its school bus contract expenditures.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10792-01-5
S. 5984 2
1 Accordingly, the legislature finds that the education law should be
2 amended to require the board of education of the city of New York to
3 include important employee protections in its procurements for school
4 bus transportation contracts and to authorize the board of education to
5 amend existing contracts to include these protections. Including these
6 protections in such board's contracts will aid in avoiding service
7 disruptions and pension withdrawal liability claims, while protecting
8 the experienced school bus contract workforce from significant wage and
9 benefit reductions and facilitating the retention of an experienced
10 workforce. Inclusion of such protections will secure more cost-effec-
11 tive, higher quality and efficient procurement and performance of school
12 bus transportation services.
13 § 2. Paragraph a of subdivision 14 of section 305 of the education
14 law, as amended by chapter 273 of the laws of 1999, is amended to read
15 as follows:
16 a. (1) All contracts for the transportation of school children, all
17 contracts to maintain school buses owned or leased by a school district
18 that are used for the transportation of school children, all contracts
19 for mobile instructional units, and all contracts to provide, maintain
20 and operate cafeteria or restaurant service by a private food service
21 management company shall be subject to the approval of the commissioner,
22 who may disapprove a proposed contract if, in his opinion, the best
23 interests of the district will be promoted thereby. Except as provided
24 in paragraph e of this subdivision, all such contracts involving an
25 annual expenditure in excess of the amount specified for purchase
26 contracts in the bidding requirements of the general municipal law shall
27 be awarded to the lowest responsible bidder, which responsibility shall
28 be determined by the board of education or the trustee of a district,
29 with power hereby vested in the commissioner to reject any or all bids
30 if, in his opinion, the best interests of the district will be promoted
31 thereby and, upon such rejection of all bids, the commissioner shall
32 order the board of education or trustee of the district to seek, obtain
33 and consider new proposals. All proposals for such transportation, main-
34 tenance, mobile instructional units, or cafeteria and restaurant service
35 shall be in such form as the commissioner may prescribe. Advertisement
36 for bids shall be published in a newspaper or newspapers designated by
37 the board of education or trustee of the district having general circu-
38 lation within the district for such purpose. Such advertisement shall
39 contain a statement of the time when and place where all bids received
40 pursuant to such advertisement will be publicly opened and read either
41 by the school authorities or by a person or persons designated by them.
42 All bids received shall be publicly opened and read at the time and
43 place so specified. At least five days shall elapse between the first
44 publication of such advertisement and the date so specified for the
45 opening and reading of bids. The requirement for competitive bidding
46 shall not apply to an award of a contract for the transportation of
47 pupils or a contract for mobile instructional units, if such award is
48 based on an evaluation of proposals in response to a request for
49 proposals pursuant to paragraph e of this subdivision. The requirement
50 for competitive bidding shall not apply to annual, biennial, or trienni-
51 al extensions of a contract nor shall the requirement for competitive
52 bidding apply to quadrennial or quinquennial year extensions of a
53 contract involving transportation of pupils, maintenance of school buses
54 or mobile instructional units secured either through competitive bidding
55 or through evaluation of proposals in response to a request for
56 proposals pursuant to paragraph e of this subdivision, when such exten-
S. 5984 3
1 sions [(1)] (i) are made by the board of education or the trustee of a
2 district, under rules and regulations prescribed by the commissioner,
3 and, [(2)] (ii) do not extend the original contract period beyond five
4 years from the date cafeteria and restaurant service commenced there-
5 under and in the case of contracts for the transportation of pupils, for
6 the maintenance of school buses or for mobile instructional units, that
7 such contracts may be extended, except that power is hereby vested in
8 the commissioner, in addition to his existing statutory authority to
9 approve or disapprove transportation or maintenance contracts, [(i)] (A)
10 to reject any extension of a contract beyond the initial term thereof if
11 he finds that amount to be paid by the district to the contractor in any
12 year of such proposed extension fails to reflect any decrease in the
13 regional consumer price index for the N.Y., N.Y.-Northeastern, N.J.
14 area, based upon the index for all urban consumers (CPI-U) during the
15 preceding twelve month period; and [(ii)] (B) to reject any extension of
16 a contract after ten years from the date transportation or maintenance
17 service commenced thereunder, or mobile instructional units were first
18 provided, if in his opinion, the best interests of the district will be
19 promoted thereby. Upon such rejection of any proposed extension, the
20 commissioner may order the board of education or trustee of the district
21 to seek, obtain and consider bids pursuant to the provisions of this
22 section. The board of education or the trustee of a school district
23 electing to extend a contract as provided herein, may, in its
24 discretion, increase the amount to be paid in each year of the contract
25 extension by an amount not to exceed the regional consumer price index
26 increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the
27 index for all urban consumers (CPI-U), during the preceding twelve month
28 period, provided it has been satisfactorily established by the contrac-
29 tor that there has been at least an equivalent increase in the amount of
30 his cost of operation, during the period of the contract.
31 (2) Notwithstanding any other provision of this subdivision, the board
32 of education of a school district located in a city with at least one
33 million inhabitants shall include in contracts for the transportation of
34 school children in kindergarten through grade twelve, whether awarded
35 through competitive bidding or through evaluation of proposals in
36 response to a request for proposals pursuant to paragraph e of this
37 subdivision, provisions for the retention or preference in hiring of
38 school bus workers and for the preservation of wages, health, welfare
39 and retirement benefits and seniority for school bus workers who are
40 hired pursuant to such provisions for retention or preference in hiring,
41 in connection with such contracts. For purposes of this subparagraph,
42 "school bus worker" shall mean an operator, mechanic, dispatcher or
43 attendant who: (i) was employed as of June thirtieth, two thousand ten
44 or at any time thereafter by (A) a contractor that was a party to a
45 contract with the board of education of a school district located in a
46 city with at least one million inhabitants for the transportation of
47 school children in kindergarten through grade twelve, in connection with
48 such contract, or (B) a subcontractor of a contractor that was a party
49 to a contract with the board of education of a school district located
50 in a city with at least one million inhabitants for the transportation
51 of school children in kindergarten through grade twelve, in connection
52 with such contract, and (ii) has been furloughed or become unemployed as
53 a result of a loss of such contract, or a part of such contract, by such
54 contractor or such subcontractor, or as a result of a reduction in
55 service directed by such board of education during the term of such
56 contract.
S. 5984 4
1 § 3. Subdivision 14 of section 305 of the education law is amended by
2 adding a new paragraph g to read as follows:
3 g. Notwithstanding the provisions of paragraphs a through f of this
4 subdivision and any regulation promulgated pursuant thereto, the board
5 of education of a school district located in a city with at least one
6 million inhabitants and a contractor providing transportation services
7 to such district for school children in kindergarten through grade
8 twelve may amend a contract for such transportation services, for such
9 consideration as approved by such board of education, to include in such
10 contract provisions for the retention or preference in hiring of school
11 bus workers and for the preservation of wages, health, welfare and
12 retirement benefits and seniority for school bus workers who are hired
13 pursuant to such provisions for retention or preference in hiring, in
14 connection with such contracts. For purposes of this paragraph, "school
15 bus worker" shall mean an operator, mechanic, dispatcher or attendant
16 who: (1) was employed as of June thirtieth, two thousand ten or at any
17 time thereafter by (i) a contractor that was a party to a contract with
18 the board of education of a school district located in a city with at
19 least one million inhabitants for the transportation of school children
20 in kindergarten through grade twelve, in connection with such contract,
21 or (ii) a subcontractor of a contractor that was a party to a contract
22 with the board of education of a school district located in a city with
23 at least one million inhabitants for the transportation of school chil-
24 dren in kindergarten through grade twelve, in connection with such
25 contract, and (2) has been furloughed or become unemployed as a result
26 of a loss of such contract, or a part of such contract, by such contrac-
27 tor or such subcontractor, or as the result of a reduction in service
28 directed by such board of education during the term of such contract.
29 § 4. Separability. If any item, clause, subparagraph, paragraph,
30 subdivision or section of this act shall be adjudged by any court of
31 competent jurisdiction to be invalid, such judgment shall not affect,
32 impair or invalidate the remainder thereof, but shall be confined in its
33 operation to this item, clause, subparagraph, paragraph, subdivision or
34 section thereof that was adjudged to be invalid.
35 § 5. This act shall take effect immediately.
Senator Martin Golden
7408 5th Avenue-1st Floor
Brooklyn , NY 11209
Phone: (718) 238-6044
Fax: (718) 238-6170
map
ALBANY OFFICE
188 State Street Room 409, Legislative Office Building
Albany , NY 12247
Phone: (518) 455-2730
Fax: (518) 426-6910
map,,,,,,,,,Contact Senator John J. Flanagan's Office
DISTRICT OFFICE
260 Middle Country RoadSuite 102
Smithtown , NY 11787
Phone: 631-361-2154
Fax: 631-361-5367
map
ALBANY OFFICE
Room 330, State Capitol Building
Albany , NY 12247
Phone: 518-455-2071
Fax: 518-426-6904
map
EMAIL ADDRESS:
flanagan@nysenate.gov,,,,,,TEMPORARY ACTING SENATE LEADER

 



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New York State Laws

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Assembly Committee Agenda

Bill No.:   
  Summary   Actions   Votes   Memo   Text
S05984 Summary:
BILL NO    S05984

SAME AS    SAME AS A08019

SPONSOR    GOLDEN

COSPNSR   

MLTSPNSR   

Amd S305, Ed L

Relates to contracts for the transportation of school children.
Go to top
S05984 Actions:
BILL NO    S05984

06/16/2015 REFERRED TO RULES
Go to top
S05984 Votes:
There are no votes for this bill in this legislative session.
Go to top
S05984 Memo:
Memo not available
Go to top
S05984 Text:



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5984

                               2015-2016 Regular Sessions

                    IN SENATE

                                      June 16, 2015
                                       ___________

        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the education law, in  relation  to  contracts  for  the
          transportation of school children

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Statement of legislative findings and necessity. The legis-
     2  lature hereby finds that for three decades beginning in 1979,  following
     3  a strike by school bus workers, the school bus contracts of the board of
     4  education   of  the  city  of  New  York  included  employee  protection
     5  provisions requiring transportation contractors, among other things,  to
     6  give  priority  in  hiring to employees who became unemployed because of
     7  their employers' loss of bus contract work for such  board  and  to  pay
     8  such  employees  the  same wages and benefits they had received prior to
     9  becoming unemployed.
    10    Following the 2011 decision by the New York State Court of Appeals  in
    11  L&M  Bus Corp., et al., v. the New York City Department of Education, et
    12  al., the board of education of the city of New York did not include  the
    13  employee  protection provisions that had been part of the board's school
    14  bus contracts for over 30 years or any similar provisions in its  solic-
    15  itations  for its school bus contracts.  After the issuance of the first
    16  such Post-L&M solicitation; there was a school bus strike in January and
    17  February of 2013. During this strike, many children were  either  unable
    18  to attend school or were burdened, along with their families, with find-
    19  ing alternative modes of transportation in the heart of winter.
    20    The  legislature further finds that the board of education of the city
    21  of New York contracts with 62 companies  to  provide  vital  school  bus
    22  transportation to 149,000 school-age children. Pursuant to the education
    23  law, the state reimburses the board of education of the city of New York
    24  for a substantial percentage of its school bus contract expenditures.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10792-01-5
        S. 5984                             2

     1    Accordingly,  the  legislature  finds that the education law should be
     2  amended to require the board of education of the city  of  New  York  to
     3  include  important  employee  protections in its procurements for school
     4  bus transportation contracts and to authorize the board of education  to
     5  amend  existing  contracts to include these protections. Including these
     6  protections in such board's  contracts  will  aid  in  avoiding  service
     7  disruptions  and  pension  withdrawal liability claims, while protecting
     8  the experienced school bus contract workforce from significant wage  and
     9  benefit  reductions  and  facilitating  the  retention of an experienced
    10  workforce. Inclusion of such protections will  secure  more  cost-effec-
    11  tive, higher quality and efficient procurement and performance of school
    12  bus transportation services.
    13    §  2.  Paragraph  a  of subdivision 14 of section 305 of the education
    14  law, as amended by chapter 273 of the laws of 1999, is amended  to  read
    15  as follows:
    16    a.  (1)  All  contracts for the transportation of school children, all
    17  contracts to maintain school buses owned or leased by a school  district
    18  that  are  used for the transportation of school children, all contracts
    19  for mobile instructional units, and all contracts to  provide,  maintain
    20  and  operate  cafeteria  or restaurant service by a private food service
    21  management company shall be subject to the approval of the commissioner,
    22  who may disapprove a proposed contract if,  in  his  opinion,  the  best
    23  interests  of  the district will be promoted thereby. Except as provided
    24  in paragraph e of this subdivision,  all  such  contracts  involving  an
    25  annual  expenditure  in  excess  of  the  amount  specified for purchase
    26  contracts in the bidding requirements of the general municipal law shall
    27  be awarded to the lowest responsible bidder, which responsibility  shall
    28  be  determined  by  the board of education or the trustee of a district,
    29  with power hereby vested in the commissioner to reject any or  all  bids
    30  if,  in his opinion, the best interests of the district will be promoted
    31  thereby and, upon such rejection of all  bids,  the  commissioner  shall
    32  order  the board of education or trustee of the district to seek, obtain
    33  and consider new proposals. All proposals for such transportation, main-
    34  tenance, mobile instructional units, or cafeteria and restaurant service
    35  shall be in such form as the commissioner may prescribe.   Advertisement
    36  for  bids  shall be published in a newspaper or newspapers designated by
    37  the board of education or trustee of the district having general  circu-
    38  lation  within  the  district for such purpose. Such advertisement shall
    39  contain a statement of the time when and place where all  bids  received
    40  pursuant  to  such advertisement will be publicly opened and read either
    41  by the school authorities or by a person or persons designated by  them.
    42  All  bids  received  shall  be  publicly opened and read at the time and
    43  place so specified. At least five days shall elapse  between  the  first
    44  publication  of  such  advertisement  and  the date so specified for the
    45  opening and reading of bids. The  requirement  for  competitive  bidding
    46  shall  not  apply  to  an  award of a contract for the transportation of
    47  pupils or a contract for mobile instructional units, if  such  award  is
    48  based  on  an  evaluation  of  proposals  in  response  to a request for
    49  proposals pursuant to paragraph e of this subdivision.  The  requirement
    50  for competitive bidding shall not apply to annual, biennial, or trienni-
    51  al  extensions  of  a contract nor shall the requirement for competitive
    52  bidding apply to  quadrennial  or  quinquennial  year  extensions  of  a
    53  contract involving transportation of pupils, maintenance of school buses
    54  or mobile instructional units secured either through competitive bidding
    55  or  through  evaluation  of  proposals  in  response  to  a  request for
    56  proposals pursuant to paragraph e of this subdivision, when such  exten-
        S. 5984                             3

     1  sions  [(1)]  (i) are made by the board of education or the trustee of a
     2  district, under rules and regulations prescribed  by  the  commissioner,
     3  and,  [(2)]  (ii) do not extend the original contract period beyond five
     4  years  from  the  date cafeteria and restaurant service commenced there-
     5  under and in the case of contracts for the transportation of pupils, for
     6  the maintenance of school buses or for mobile instructional units,  that
     7  such  contracts  may  be extended, except that power is hereby vested in
     8  the commissioner, in addition to his  existing  statutory  authority  to
     9  approve or disapprove transportation or maintenance contracts, [(i)] (A)
    10  to reject any extension of a contract beyond the initial term thereof if
    11  he finds that amount to be paid by the district to the contractor in any
    12  year  of  such  proposed  extension fails to reflect any decrease in the
    13  regional consumer price index  for  the  N.Y.,  N.Y.-Northeastern,  N.J.
    14  area,  based  upon  the index for all urban consumers (CPI-U) during the
    15  preceding twelve month period; and [(ii)] (B) to reject any extension of
    16  a contract after ten years from the date transportation  or  maintenance
    17  service  commenced  thereunder, or mobile instructional units were first
    18  provided, if in his opinion, the best interests of the district will  be
    19  promoted  thereby.  Upon  such  rejection of any proposed extension, the
    20  commissioner may order the board of education or trustee of the district
    21  to seek, obtain and consider bids pursuant to  the  provisions  of  this
    22  section.  The  board  of  education  or the trustee of a school district
    23  electing  to  extend  a  contract  as  provided  herein,  may,  in   its
    24  discretion,  increase the amount to be paid in each year of the contract
    25  extension by an amount not to exceed the regional consumer  price  index
    26  increase  for  the  N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the
    27  index for all urban consumers (CPI-U), during the preceding twelve month
    28  period, provided it has been satisfactorily established by the  contrac-
    29  tor that there has been at least an equivalent increase in the amount of
    30  his cost of operation, during the period of the contract.
    31    (2) Notwithstanding any other provision of this subdivision, the board
    32  of  education  of  a school district located in a city with at least one
    33  million inhabitants shall include in contracts for the transportation of
    34  school children in kindergarten through grade  twelve,  whether  awarded
    35  through  competitive  bidding  or  through  evaluation  of  proposals in
    36  response to a request for proposals pursuant  to  paragraph  e  of  this
    37  subdivision,  provisions  for  the  retention or preference in hiring of
    38  school bus workers and for the preservation of  wages,  health,  welfare
    39  and  retirement  benefits  and  seniority for school bus workers who are
    40  hired pursuant to such provisions for retention or preference in hiring,
    41  in connection with such contracts. For purposes  of  this  subparagraph,
    42  "school  bus  worker"  shall  mean  an operator, mechanic, dispatcher or
    43  attendant who:  (i) was employed as of June thirtieth, two thousand  ten
    44  or  at  any  time  thereafter  by (A) a contractor that was a party to a
    45  contract with the board of education of a school district located  in  a
    46  city  with  at  least  one million inhabitants for the transportation of
    47  school children in kindergarten through grade twelve, in connection with
    48  such contract, or (B) a subcontractor of a contractor that was  a  party
    49  to  a  contract with the board of education of a school district located
    50  in a city with at least one million inhabitants for  the  transportation
    51  of  school  children in kindergarten through grade twelve, in connection
    52  with such contract, and (ii) has been furloughed or become unemployed as
    53  a result of a loss of such contract, or a part of such contract, by such
    54  contractor or such subcontractor, or as  a  result  of  a  reduction  in
    55  service  directed  by  such  board  of education during the term of such
    56  contract.
        S. 5984                             4

     1    § 3. Subdivision 14 of section 305 of the education law is amended  by
     2  adding a new paragraph g to read as follows:
     3    g.  Notwithstanding  the  provisions of paragraphs a through f of this
     4  subdivision and any regulation promulgated pursuant thereto,  the  board
     5  of  education  of  a school district located in a city with at least one
     6  million inhabitants and a contractor providing  transportation  services
     7  to  such  district  for  school  children  in kindergarten through grade
     8  twelve may amend a contract for such transportation services,  for  such
     9  consideration as approved by such board of education, to include in such
    10  contract  provisions for the retention or preference in hiring of school
    11  bus workers and for the  preservation  of  wages,  health,  welfare  and
    12  retirement  benefits  and seniority for school bus workers who are hired
    13  pursuant to such provisions for retention or preference  in  hiring,  in
    14  connection  with such contracts. For purposes of this paragraph, "school
    15  bus worker" shall mean an operator, mechanic,  dispatcher  or  attendant
    16  who:  (1)  was employed as of June thirtieth, two thousand ten or at any
    17  time thereafter by (i) a contractor that was a party to a contract  with
    18  the  board  of  education of a school district located in a city with at
    19  least one million inhabitants for the transportation of school  children
    20  in  kindergarten through grade twelve, in connection with such contract,
    21  or (ii) a subcontractor of a contractor that was a party to  a  contract
    22  with  the board of education of a school district located in a city with
    23  at least one million inhabitants for the transportation of school  chil-
    24  dren  in  kindergarten  through  grade  twelve,  in connection with such
    25  contract, and (2) has been furloughed or become unemployed as  a  result
    26  of a loss of such contract, or a part of such contract, by such contrac-
    27  tor  or  such  subcontractor, or as the result of a reduction in service
    28  directed by such board of education during the term of such contract.
    29    § 4. Separability.  If  any  item,  clause,  subparagraph,  paragraph,
    30  subdivision  or  section  of  this act shall be adjudged by any court of
    31  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    32  impair or invalidate the remainder thereof, but shall be confined in its
    33  operation  to this item, clause, subparagraph, paragraph, subdivision or
    34  section thereof that was adjudged to be invalid.
    35    § 5. This act shall take effect immediately.DISTRICT OFFICE
7408 5th Avenue-1st Floor
Brooklyn  , NY 11209
Phone: (718) 238-6044
Fax: (718) 238-6170
map
ALBANY OFFICE
188 State Street Room 409, Legislative Office Building
Albany  , NY 12247
Phone: (518) 455-2730
Fax: (518) 426-6910
map
SATELLITE OFFICE - MARINE PARK
3604 Quentin Road
Brooklyn  , NY 11234
Phone: 718-238-6044
Fax: 718-238-6170
map
EMAIL ADDRESS:

golden@nysenate.gov

Maybe we could start the phone calling now/ flood them/ bury them / they will be back in session soon/ remind them we are f---in human beings

Buzz , without being disrespectful , I think you are watching a little too much late night TV, so in your minds eye the many benefits our membership  earned overt he last  35 years through hard work , professionalism , STRONG UNION LEADERSHIP DEDICATED TO THE MEMBERS , and a well planned , thought out strike, all that we suffered to earn we're in essence not earned at all , everything we had were all due to the Board of Ed, the Mayors office,the Governors office,the District Attorneys office,  the OPT, all the cities vendors, the Arch Diocese , down to the crossing guards,,, All these people allowed our union to flourish financially for 35 years were all due to the fear that if they did not do what the Godfather told them they would wake up in the morning with a horses head in their bed  , WOW we worked so hard all those years for nothing , all we had to do was to line up the whole city to bow down and just kiss a ring, ,,,, that's amazing the way you see this ,,,,,in my opinion our local flourished for 35 years because of hard work, the most professional school bus drivers and matrons and mechanics in the country, and leadership that put the members before the contractors and never sold us down the river like what we have today. JOHN AND SAL WERE REAL LEADERS , AND NOT A DAY GOES BY THAT THEY ARE NOT MISSED , CORDIELLO COULD NOT SHINE THEIR SHOES.

This thread started with some kind of fairy tale on the misfortunes of the state of affairs of our local, this girl was making her statement in a comical way, but the current state of financial affairs of this union is far from being funny, she should be upset, we all should be very upset, BUT OUR UNION  IS WHERE IT IS TODAY BECAUSE OF ITS " CURRENT LEADERSHIP " AND PEOPLE WENT TO JAIL BECAUSE THEY WERE CAUGHT UP IN CRIMINAL INVESTIGATIONS  THAT STARTED LONG BEFORE ANYONE EVER HEARD OF EDDY K, LONG BEFORE PEOPLE FROM MEMBERS OF CHANGE EVER CAME TO THIS COUNTRY AND THAT IS WHY I POSTED THOSE OLD ARTICLES , WHEN YOU DONT HAVE ANY ACCOMPLISHMENTS TO BOAST ABOUT, AND CORDIELLO HAS NONE , YOU HAVE YOUR MINIONS PUT OUT BULLSHIT, LOOKS TO ME YOUR PUTTING OUT BULLSHIT BECAUSE A SERIOUSLY BAD CONTRACT MIGHT BE COMING DOWN THE ROAD AND SO THE DEFLECTION AND FINGER POINTING  AND MISINFORMATION NEEDS TO START NOW SO YOU WILL HAVE A QUICK SCAPEGOAT TOWARDS ANYONE OTHER THAN YOUR BOY IN OFFICE, " THE CONTRACTORS BEST FRIEND " THE DIVIDER OF CONTRACTS" THE ONLY PRESIDENT IN THE HISTORY OF OUR UNION THAT HAS GIVEN THE MEMBERS NOTHING , NOTHING EXCEPT MISERY AND FINANCIAL UNCERTAINTY , MICHAEL CORDIELLO ,,,,, AND AFTER HE GAVE THESE BASTARDS EVERYTHING THEY WANTED FOR SO LONG , THEY KNOW WHAT HE SMELLS FROM , THEY AINT GIVING NOTHING BACK TO THE OLD LEADERSHIP , MAYBE TO A NEW LEADER.