Bidding on jobs at the wrok place.
ronhallam
1 Post
I need some guidance. I work for a school district driving a school bus. In place right now, BUT not in writing anywhere,,,,, is their rule or policy that when routes come open they put them up for bid. They call them walk in bids and you show up on a certain day at a certain time and tell management your here to bid on a certain route. WELL their unwritten policy is to always give it to the senior drvier that shows up. If 5 employees show they don't even interview them, just the senior person..........IS that really legal not to interview all bidders???? Plus on some routes they call them "Management Discretion" routes, meaning even if you want to bid on that route you have to submit a letter of interest. These routes are usullay like mountain routes or wheelchair type routes. BUT they do not have a list of "Management Discreation" route wrote down anywhere. One time the route could be and the next time maybe not!! That's why they call it management discretion !!!!
Beside being un fair can anyone maybe give me some case law on this subject?? Thanks, Ron Hallam
Comments
Unless you work for a union (and maybe not even then), the school district is not required to interview anyone. It seems like they have a process in place that works to meet their purpose. While it would not be smart, they can legally require different procedures for every different route if they wanted to.
Many job/promotions work off of seniority (especially public positions). Seniority is discrimination, but legal discrimination.
By choosing seniority as their criteria, they can avoid a lot of potential illegal discrimination issues (for example, men always seem to get the best routes, etc). I suppose if the majority of senior bus drivers are a specific group (all women, etc), they could be a disparate impact on another group....but generally seniority wouldn't have that disparate impact unless over the years, the senior workforce has gotten less diverse.
If I were a bus driver and wanted to bid on a route, I would both submit a letter of interest and do a walkin. That way you are covered whatever management might decide. I would put together a form letter and just fill in the date, route identification as needed.