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Unreasonable Schedules Bedevil Bus Drivers

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By MIKE McCOY

Published: February 22, 2008

Allow me to respond to the family-leave problem directly.

Hillsborough Area Regional Transit (HART) has an antiquated computer program known as "Trapeze" that is used to cut the bus schedules into pieces of work that bus operators then bid on by seniority.

Bus operators under Florida State Statute 14-90 may only work 72 hours in a given seven-day work week and drive 12 hours a day, with a 15-hour spread from the time the bus operator reports to work.

These restrictions create what is known as "splits." Thus a bus operator may come to work at 4 a.m., work four hours until 8 a.m., then be sent home to report again at 3 p.m. and work four more hours to 7 p.m. So a bus operator is committing 15 hours of the day only to be paid for the 8 hours worked.

This is done to save money in theory, but actually doesn't work since it requires the bus operator to report twice a day. The bus operator is subject to discipline twice within 24 hours.

Our union contract has a "no fault" absentee policy that HART was adamant on in the negotiation process that calls for "occurrences" - anytime an employee is absent from work for any reason in a 12-month rolling year. A bus operator may accrue nine occurrences and is automatically terminated on the 10th.

Many studies have shown that medical conditions have resulted from maintaining a work schedule such is required of bus operators. Along with the "stress" of very hectic traffic, there are frequent encounters with some patrons who are unfamiliar with the system and take their frustrations out on the bus operator.
Trapeze allows for as little as three minutes on turnaround, or recovery time, at the end of each trip. This is not enough time to use the restroom or take a break for lunch or even time for the bus operator to mentally prepare for the next trip. I hear complaints from drivers who are not afforded the time to use the restroom for 8 to 10 hours a day. And time for a healthy lunch is out of the question.

The end result is illness for all different type of reasons. Add the fact that the majority of the bus operators are over 45 years old, this can be documented as an excuse when our health insurance rates are increased by 15 to 20 percent annually.

The Family and Medical Leave Act allows for "intermittent" leave when a serious medical condition exists

And it is not as simple as getting a doctor's note. A serious medical condition must exist. The FMLA also has language that allows HART to verify the serious medical condition and identify anyone who may abuse the system. HART may, under the FMLA, challenge the doctor's finding every 30 days, and does this as a harassment of employees since most doctors charge $50 or more for a FMLA re-certification.

But HART does not follow through on this, since attempts have shown that abuse does not exist. As the union president for five years now, I can recall not one case where a bus operator has abused the system.

FMLA also exempts an employee from discipline when FMLA is used, so HART cannot give a bus operator an "occurrence" when they use FMLA.

The problem here is HART is mismanaged. HART is hiding behind the overtime statistics, and blaming the FMLA law as a reason for its own mismanagement of taxpayers' money.

Mike McCoy is president of Amalgamated Transit Union Local 1593.

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