United Transportation Union Local 1745 v. City of Albuquerque

178 F.3d 1109, 1999 Colo. J. C.A.R. 3187, 5 Wage & Hour Cas.2d (BNA) 555, 1999 U.S. App. LEXIS 10972, 1999 WL 343918
CourtCourt of Appeals for the Tenth Circuit
DecidedMay 28, 1999
Docket97-2394, 97-2400
StatusPublished
Cited by52 cases

This text of 178 F.3d 1109 (United Transportation Union Local 1745 v. City of Albuquerque) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Transportation Union Local 1745 v. City of Albuquerque, 178 F.3d 1109, 1999 Colo. J. C.A.R. 3187, 5 Wage & Hour Cas.2d (BNA) 555, 1999 U.S. App. LEXIS 10972, 1999 WL 343918 (10th Cir. 1999).

Opinions

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs-Appellees are 155 bus drivers employed by defendant-appellant, the City of Albuquerque (“City”).1 Most of them work “split shifts,” in that they work a morning shift and a late afternoon shift, separated by a three to five-hour split shift period in which they are free to do what they wish, before reporting back at a specific location to begin their second shift. The drivers brought this action against the City, claiming that the City violated the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, and the Portal-to-Portal Act, 29 U.S.C. §§ 251-262, by failing to compensate them for (1) time spent on split shift periods and (2) time spent on City-operated shuttles going to and from the beginning and/or end points- (called “relief points”) of their driving shifts.

After both sides filed motions for summary judgment, the district court held that only the time traveling on City shuttles from a relief point after a driver’s first run of the day or to a relief point to begin a second run is compensable, thereby denying in part and granting in part both sides’ summary judgment motions.

We certified the City’s 28 U.S.C. § 1292(b) interlocutory appeal challenging the district court’s conclusion that shuttle time traveling to or from a relief point, either immediately preceding or immediately following a non-compensable split shift period, is compensable. The drivers filed a cross-appeal, challenging the district court’s conclusions that (1) aside from the shuttle time at either end, the split shift periods are non-compensable, and (2) time spent traveling to and from relief points at the beginning and end of the day are non-compensable.2 We affirm.

BACKGROUND

The relevant facts are undisputed. In order to serve its customers most efficiently, the City must schedule more buses in the peak commute hours of early morning and late afternoon. Additionally, it must schedule routes so that drivers do not necessarily complete their routes where they started them. Accordingly, many City bus drivers work a morning shift and an evening shift, beginning and ending those shifts at different locations. The time in between the two shifts is the split shift period. 137 of the 155 plaintiff drivers have worked split shifts during the time period relevant to this lawsuit.

[1113]*1113All City buses are housed overnight in the City garage. Many drivers begin their morning routes at the City garage and complete those routes at a far-off relief point. Many drivers also begin their afternoon or evening shift at a distant relief point and end up at the City garage. The distances between the garage and these relief points range from six blocks to many blocks.3

For many years, City bus drivers were responsible for providing their own transportation to and/or from the City garage, and/or their various relief points. The possibilities included driving their own vehicles, obtaining rides from family or friends, walking, or taking a fixed-route City bus. At some time during the 1980’s, pursuant to a collective bargaining agreement with the United Transportation Union Local 1745, the City began to provide a shuttle service to and from relief points. The shuttle service evolved into its current format-shuttle vehicles driven by designated and exclusive shuttle drivers. Thus, a driver may use a City shuttle to go to or from the City garage and any relief point, at any time during the day. The shuttle service is optional, although many drivers use it. The drivers are not obligated to do anything in particular while riding these shuttles. They stated in response to interrogatories that their activities aboard the shuttles ranged from sitting, to talking with the shuttle driver and other passengers, to simply “waiting.” Ex. D-6, Appendix of Pis. Resp. to Interrog. No. 23.

Bus drivers are not obligated to report either at the beginning or the end of the day, or the beginning or end of a shift, to the City garage if their particular route does not require it. In other words, each driver is obligated only to arrive on time at his or her starting point for a shift, and the City does not impose any requirements about where they go following the completion of a shift. The City has never compensated drivers for time spent going to or leaving relief points.

As indicated, most of the plaintiff drivers have worked split shifts. The length of the split shift period varies, but is usually between three and five hours. For purposes of this appeal, the split shift periods are at least one hour.4

Drivers are permitted to do anything they wish during their split shift periods, except drink alcohol. Drivers testified about the various things they did during these periods: some went home; some slept in City parks or in nearby air-conditioned buildings; some ran errands; some passed time in the City library or museum; some read; some ate; and one brought her mobile home and spent her split shift in that. If a bus driver was called to a meeting or required to' perform any work-related duty during his or her split shift period, the City compensated the driver for that time. Otherwise, the City has never compensated drivers for time spent on split shift periods.

The drivers brought this action under the FLSA, seeking unpaid overtime wages and an equal amount as liquidated damages, an injunction prohibiting future FLSA violations, and attorneys’ fees and costs. As indicated, both sides filed motions for summary judgment.5 The district court held:

1. Time spent by Plaintiffs in traveling in City operated shuttles to relief point [1114]*1114for their first or only bus run of the day and from their last or only bus run of the day is not hours worked under the Portal to Portal Act.
2. Time spent by Plaintiffs in traveling in City operated shuttles from a relief-point after their first run of the day or to a relief point for then* second run of a day when the Plaintiffs work a split shift is not subject to the Portal to Portal Act’s exclusion and is compensable.
3. Time spent which is one hour or more between split runs is not spent predominately for the benefit of the City and is not compensable. Period[s] of time of less than one hour between split runs present an unresolved fact issue.
4. The City and the individual Defendants in failing to compensate for the shuttle time described in paragraph two above had a good faith belief that their conduct did not violate the Fair Labor Standards Act and thus Plaintiffs are not entitled to liquidated damages.
5. Plaintiffs haye failed to prove that the City and individual Defendants acted wilfully with regard to their failure to compensate for the time described in paragraph two above. Therefore, the two year statute applies.

Order at ¶ ¶ 1-5, Appellant’s App. at 42-43.

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Bluebook (online)
178 F.3d 1109, 1999 Colo. J. C.A.R. 3187, 5 Wage & Hour Cas.2d (BNA) 555, 1999 U.S. App. LEXIS 10972, 1999 WL 343918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-transportation-union-local-1745-v-city-of-albuquerque-ca10-1999.