Impasse declared as school bus drivers' union, RPS cannot agree on overtime pay issues

RICHMOND, Va. -- The union representing Richmond school bus drivers has declared an impasse with the district, meaning they cannot agree on the terms of workers' contracts. The disagreements come as the controversy surrounding overtime pay for transportation workers remains partially unresolved.

Last week, Richmond Public Schools (RPS) Chief Talent Officer Maggie Clemmons notified the school board that RPS has "not been able to agree on overtime and compensation" with the bargaining representatives from LiUNA, according to a memo obtained by CBS 6.

Clemmons said the union's "request to keep overtime compensation, as it has been practiced, is not one that we could meet given that the board is still reviewing the matter."

For months, the Richmond School Board has been considering the findings of an audit that revealed the district was on track to pay bus drivers $1.8 million in overtime this year.

Auditor Doug Graeff reported bus drivers were logging hours they did not actually work, and he found the district's procedures did not require employees to clock out of their shifts. Additionally, Graeff concluded the district guaranteed an automatic two hours of overtime pay for each after-school shift worked even if employees did not drive for those full two hours and even if they did not complete a full eight-hour shift before that.

Watch: How one Richmond school bus driver made $124,000 last year

Documentation obtained by CBS 6 showed overtime pay significantly increased for some bus drivers over the years. Calculating regular and overtime pay, one employee went from making $69,000 in 2019 to $124,000 last year.

Graeff reported his findings to local and state government corruption investigators as possible fraud.

However, Keon Shim of LiUNA, has disputed such allegations.

"They feel like they are being attacked because they haven't done anything wrong. They've done the same thing, year after year, but now this report is making it sound like they're the ones stealing money," Shim told CBS 6.

Shim said the union is working to preserve the way that bus drivers are getting paid, and he said he believes the district is asking drivers to take a pay cut.

The proposals offered by RPS during negotiations, Shim said, were unacceptable.

“My drivers are so anxious right now," he said. “It’s like walking on thin ice for them right now because now their livelihood is in question, is on the chopping block.”

Clemmons' memo indicated RPS proposed "several alternatives" to the overtime issue to "find middle ground."

"As a public agency, it is our responsibility to be good fiscal stewards, and with your assistance, we hope to find a resolution quickly during our mediation process," Clemmons told the school board.

During a July 1 school board meeting, member Kenya Gibson moved the board to adopt the auditor's recommendations concerning timecard tracking, which would require drivers to clock in and out for every shift. Her motion received support from a majority of the board.

However, the motion did not address the question of whether drivers should continue receiving two hours of automatic overtime for every bonus shift.

Instead, the board directed the administration to provide detailed documentation of bus drivers' contracts and salaries to better understand the "root causes" of the overtime pay issue.

Board members have previously been skeptical of the auditor's findings and considered Graeff's report to be incomplete.

Members argued it did not take into consideration that in 2022, RPS changed most drivers' contracts from a 6-hour day to an 8-hour day. That meant drivers had to do two extra hours of work per day to start receiving overtime pay.

When asked whether the overtime issue would impact staffing, RPS spokesperson Alyssa Schwenck said she doesn't expect "any hiccups at the start of the school year."

She said the district only has a "handful of vacancies" and she was "not aware of anyone who has quit as a result of the impasse."

The administration is expected to update board members with the information they requested during an August meeting.

An outside mediator will now step in to help the union and RPS come to a resolution on contracts.

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