January 25, 1993

Mr. Mike Damron, President
AFSCME Local #3300
Post Office Box 71
Wayne, West Virginia 25570

Re: Bus Operator Substitute

Dear Mr. Damron:

You have asked:

1. "If a regularly employed bus operator is off on extended sick leave and a substitute bus operator is driving in the regular driver's absence, can another regular bus operator request to drive the run being driven by said substitute?"

Please refer to my enclosed November 30, 1992(32), letter written to William K. Grizzell. A regular service employee assigned to the same building or working station as an absent service employee of the same classification category of employment is entitled to substitute for the absent employee, and this substituting regular employee's place is filled by a substitute service employee. See W. Va. Code 18A-4-15.

However, if the substitutions have not been done in this way, yet the 15-day statutory limitation period of W. Va. Code 18-29-4(1) has passed, then the regular bus operator has lost his or her chance to get the substitute assignment.

2. "If the answer to the first question is yes, then would the substitute go back on the duty roster, or on the regular employee's run that took over the run he was currently driving?"

If the regular driver does get this substituting job, then the replaced substitute driver probably would substitute for this regular driver.

3. "If the answer to the first question is no, can a regular bus operator (in the event of an extended illness) request to drive the run of the regular operator who is off before a substitute is called?"

Mr. Mike Damron, President
January 25, 1993
Page Two

Yes. A substitute should not be called before a regular driver assigned to the same building or working station is called. In the case of bus operators, the expression "employed in the same building or working station as the absent employee" means bus depot or garage.* A copy of Code 18A-4-15 is enclosed.
Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

Enclosures (2)

cc: Mr. Michael E. Ferguson, Superintendent Wayne County Schools

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*Please refer to the Senate Bill 563 commentary at KEY TERMS, #2: "'_Working_Station' - Although undefined by statute, it appears that 'working station' is the general location where an employee works; e.g., county office, maintenance center, garage or, in the case of bus operators, the bus depot or school area served." See page 72 of Informal_Guidelines_for_Implementing_ the_Education_Bills_Enacted_in_1983.