Fired school-bus driver files lawsuit for illegal union busting by district
http://www.chieftain.com/articles/2008/09/12/news/region/doc48ca294068117658549405.txt
Published: September 12, 2008 03:01 am | No comments posted.
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Fired school-bus driver files lawsuit
Lawyers for a Salida man claim he was discharged in violation of the Constitution and state law.
By ROBERT BOCZKIEWICZ
THE PUEBLO CHIEFTAIN
DENVER - Attorneys for the Colorado Education Association are representing a fired Salida school bus driver in a newly filed lawsuit against Salida School District R-32-J.
The lawsuit alleges Superintendent John Rouse violated state law and the Constitution by firing Marshal Dyer because of his union efforts on behalf of the district's bus drivers.
Dyer's lawsuit describes what Dyer contends was a history of hostility from Rouse directed at the Salida Educational Support Professionals Association, an employees' union. The professional association is affiliated with the state education association, another union organization.
Dyer alleges Rouse's anti-union hostility was a key factor when the superintendent fired him on Jan. 18.
The lawsuit was filed in U.S. District Court in Denver. The defendants are the district and Rouse. The lawsuit claims Dyer's firing violated his First Amendment constitutional right of association because the firing allegedly was "in retaliation for his advocacy of classified staff employees in the district."
Dyer was one of two presidents of the employee union.
The lawsuit also claims that Dyer's firing violated a state law that makes it unlawful to discharge an employee because of their connection with a labor union or political party.
Dyer wants a judge to order the district to reinstate him to his job. He also wants "compensatory damages, in an amount to be shown at trial, including back pay and benefits, and damages for humiliation and emotional distress," plus damages to punish the defendants.
Rouse declined to comment on the suit.