Any language agreed which is found contrary to the Fair Labor Standards Act shall be null and void. . . . It is the position of the Union that the midday runs such as the one denied the grievant is a co-curricular run. The Union contends that senior employes who are available have seniority rights to such routes. The cost, argues the Union, is marginal. Typically, there is very little down time between such runs.
Rural drivers are commonly available, because they have dropped off their students.
The Union points to the testimony of a number of its witnesses and contends that these assignments have been made in the past. The Employer contends that it enjoys the discretion to make the short-term assignments where there is less than seven days involved. The Employer points out that this was a one-day situation. In making such assignments, the Employer considers whether a city or rural driver should be assigned, the amount of layover time, and the quality of service to be delivered. The Employer notes that the contract has treated rural Page 7 MA-9934 and city drivers differently since its inception.