Common use of Driver Accident Policy Clause in Contracts

Driver Accident Policy. The Driver Accident Policy covers all drivers of the Rochester City School District. A. A Chargeable Accident is defined as any occurrence involving a City School District owned or leased vehicle which results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent or where it occurred, and in which the driver failed to do everything that reasonably could have been done to prevent the occurrence. For purposes of this policy, a “vehicle” shall be defined as any registered motor vehicle. B. If any employee is involved in an accident, the School District’s Safety Coordinator, Motor Vehicle Licensed 19-A Examiner or Department head who has formal training in accident reconstruction (collectively, a “Motor Vehicle Investigator”) will investigate the accident to determine if the accident was preventable. If the Motor Vehicle Investigator wishes to interview the employee involved in the accident, the employee shall have the right to be represented by a union representative. C. If a driver has been found to have a Chargeable Accident, he/she may appeal that decision to the “Appeals Committee”. The Appeals Committee shall be composed of six drivers and the Safety Coordinator. Appointments to the committee shall be made by the Department Managers. If the employee does not challenge the decision of the Motor Vehicle Investigator within ten (10) working days, the matter will be referred to HCI for appropriate disciplinary action, if necessary, as stated in #4 below. D. The Appeals Committee shall make a determination, by a majority of those members in attendance at a meeting, as to whether or not the accident was preventable. If the Committee overturns the decision of the Safety Coordinator, they must state the basis in writing. If the Appeals Committee makes such a finding that the accident was preventable, the Committee shall advise the employee and his/her union representative in writing of all findings. The Committee shall then refer the matter to HCI for a recommendation regarding appropriate disciplinary action, subject to the provisions of Article XII of the Collective Bargaining Agreement. HCI can consider relevant disciplines documented within the employee’s personnel file for a period of up to three (3) years. E. For the purposes of this policy, there shall be a shortened grievance and arbitration process for any disciplinary action issued as described above. The Union will file the grievance at Level 2 within 5 working days of the discipline being issued to the driver. The Office of Labor Relations will schedule a Level 2 grievance meeting within 5 working days of receiving the grievance and will submit a written response to the Union within 5 working days of the meeting. Should the grievance response not resolve the grievance to the satisfaction of the Union, the Union will submit a written request for Arbitration within 10 working days of receiving the Level 2 grievance response. F. This provision of the Collective Bargaining Agreement is intended to expressly supersede all prior practices of the District, including all prior Memorandum of Agreements.