MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
September 21, 2009
The Special Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Twenty-First day of September, 2009, at 8:00 p.m.
There were present and participating at the meeting:
Don Buxbaum
Ray Roethle
Scott Sackman
Jim Finneman
Ric Holden
Barry Rakes
James Whitmer
Also present and participating were, Pat Davis, Assistant Secretary, Deb Schwarz, via phone conference Al Ekblad; organizer for the International Union of Operating Engineers Local 400, Kay Braddock; Terry Tribune, and Len Stanton; Associated Employers Insurance Benefit Group.
President Ray Roethle called the meeting to order, stating that all necessary and advisable business be conducted during this time and that notice had been received by each Board Member.
Thereupon, President Roethle announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.
President Ray Roethle stated that the reason he called the meeting was to discuss correspondence that he had received via Buffalo Rapids, from the State of Montana, Department of Labor & Industry, concerning a petition for unit determination and election from International Union of Operating Engineers. Mr. Roethle stated that he had contacted Mr. Dave Schwarz when he received the letter, and that Mr. Schwarz told him to do nothing. Dave Schwarz refuted that statement and explained to the Board that he told Mr. Roethle that he could challenge it, they will have to get an attorney, they will have to negotiate with the Union, and if they can’t come to an agreement it will probably have to go before an arbitrator.
Al Ekblad, Organizer for the International Union of Operating Engineers Local 400, called the Buffalo Rapids Project Board meeting room for a prearranged discussion with all Board members present. Mr. Ekblad explained to the Board that he called to formally request that Buffalo Rapids Board of Control voluntarily recognize the union as the sole representative of the employees of the irrigation district. He explained to the Board that he felt that the employees were looking for a voice, and some security. He informed the Board that if they did not voluntarily recognize the union the process, in his experience, could take months. He also informed the members of the Board that he had called in case any of the Board members had any questions. Mr. Roehtle stated to Mr. Ekblad that Buffalo Rapids would probably get back to him the following day. Mr. Ekblad asked if they had any questions as to the definition of the unit. Mr. Roethle stated that he received the papers forwarded to him and then filed for an extension with the state. He had not heard from the state in regard to the extension. Mr. Ekblad had received an informal agreement to that request. Mr. Ekblad terminated the phone call at that time.
Mr. Schwarz told Mr. Roethle that all he would have had to do was tell Mr. Schwarz that he needed to talk with Mr. Hubber, Buffalo Rapids’ attorney, and that he would like for him to file an extension. Mr. Schwarz commented that he takes his direction from the Board.
Mr. Roethle informed the members of the Board that he had contacted Associated Employers and found out that they could help Buffalo Rapids with Human Resources issues, and issues concerning the union. Associated Employers would not be able to negotiate with the union. Mr. Barry Rakes asked Mr. Roethle why he had not called for a board meeting as soon as he received the letter from the state. Mr. Roethle commented that there is such a thing as fiduciary responsibility, and that he didn’t believe that any one on the Board would know what to do without any guidance. Mr. Rakes stated that he believed the employees contacted the union due to Mr. Holden and his agenda items and his list for review of employee policies. Mr. Holden stated that the items he had for review were old issues that he had been hearing about for years.
Mr. Roethle stated that he contacted Associated Employers to help with the union, that they needed a professional to help. Barry Rakes stated that as a project they did not have the money to hire anyone at this time. Mr. Roethle expressed that they would have to find the money.
Mr. Roethle stated that he was going to form a subcommittee. Chairman Roethle asked Commissioners Rakes and Sackman if they wished to serve on the subcommittee. Both declined.
On a motion made by Mr. Ray Roethle, and seconded by Mr. Jim Finneman it was resolved to:
Form a subcommittee to look into, and to give them the authority to, find or hire someone to help with the union issues. That subcommittee will consist of Jim Finneman, James Whitmer, and Ric Holden.
5 in Favor 2 Opposed.
Barry Rakes brought up a discussion of one of the Board members, Mr. James Whitmer, contacting an attorney out of Sidney, MT. Mr. Rakes stated that he did not feel it was right that a member of the Board take it upon themselves to contact an attorney on behalf of Buffalo Rapids Project without prior Boards’ approval. Mr. Whitmer responded that he felt he had the right to contact someone to learn more information that would help the Board. Mr. Rakes stated that he felt as if District II is being run over, and that he has been against a lot of the motions that have been made for quite awhile. Barry stated that the employees felt that if they hadn’t been present at some of those meetings, some of the motions concerning them would have been passed. Mr. Scott Sackman stated to the Board that he felt Buffalo Rapids owed it to their employees to take care of them better after so many years of service, in reference to the insurance coverage of employees over 65 years of age.
Mr. Roethle brought up the subject of the use of heavy equipment by the employees of Buffalo Rapids. He stated to the Board that they need to discontinue that practice, and that he would even be willing to reimburse the employee for that benefit. He stated that it is a complaint that he hears from his producers all the time. Mr. Schwarz replied that he knew of quite a few other irrigation districts that let the employees use their heavy equipment for personal use.
Mr. Barry Rakes expressed to the members of the Board that as of District II, he did not want anything to do with the cost associated with the hiring of personel to deal with the union. Mr. Sackman and Mr. Rakes expressed that District II did not start the issues with the employees joining the union, that it was primarily District I. Mr. Schwarz explained to the Board that he believed District II was getting stuck with costs that were being incurred by District I. Mr. Sackman expressed that as a Project they are trying to cut back on costs, but with fighting the employees on issues they are spending money they don’t have. Mr. Holden stated that they have to deal with these issues. Mr. Rakes stated that he felt they would not have much of a problem with the employees joining the union, that the employees did not want much more than they have now. Mr. Roethle stated that they needed help from a professional to deal with the union, because they could not just let the union tell the Board what to do. Mr. Buxbaum stated that he felt that the Board was not educated in union issues enough to protect themselves.
Mr. Ric Holden stated to the Board that he had contacted an accounting firm out of Bozeman, Montana, Kyla Stafford, CPA from Anderson, Zurmuehlen & Company. He expressed that he does not feel comfortable with the budget and the way things are, going into union negotiations. He stated that they need to know how the Project stands financially. He informed the members of the Board that he had talked with Ms. Stafford and she would be willing to come to Buffalo Rapids Project on Friday, September 25, to look at the financial records of the Project to see if there are any oversites. After the overview of the financial records she would meet with the Board that evening. The cost would be $2,400.00 for the day, unless she feels that she needs to do a more thorough examination. On a motion made by Mr. Ric Holden and seconded by Mr. James Whitmer is was resolved to:
Buffalo Rapids Project Board of Control hire Kyla Stafford, CPA from Anderson, Zurmuehlen & Company to conduct a financial review of Buffalo Rapids records.
5 in favor and 2 against.
On a motion made by Barry Rakes and seconded by Scott Sackman is was resolved that:
District II will not participate in the payment for the cost for the hiring of Kyla Stafford, CPA from Anderson, Zurmuehlen & Company to conduct a financial review of Buffalo Rapids records.
2 in favor 1 against.
Mr. Finneman asked if that motion was even legal. Mr. Roethle expressed that they should possibly look into the legalities of that motion and advised the subcommittee to look into it. Mr. Rakes said that he has a responsibility to District II and the money that is spent for that District.
Barry Rakes expressed to the Board that from what he had been told the employees of Buffalo Rapids Project were not going to ask for much more when they joined the union. He stated that the employees wanted to have some protection. The employees had contacted the state and found out that they were not protected, and were only protected under the managers’ contract. He stated that the employees felt threatened, because the Board was trying to take away the managers’ authority, and in doing that it would decrease their protection as employees. Dave Schwarz explained to the Board that in his contract it states that he has sole authority over all employees. Barry Rakes stated to the Board that Al Ekblad, union organizer, expressed to him that the employees did not want to make this into a big confrontational issue.
Mr. Ric Holden stated that he would call Ms. Kyla Stafford and let her know that Friday, September 25 is acceptable for the Board for her to come down and look into the Buffalo Rapids finances. Mr. Holden said that she would then meet with the Board that evening. Mr. Roethle said to Mr. Holden needs to verify with Ms. Kyla Stafford and then let Pat Davis know when to send notice of a meeting of the Board. Mrs. Davis asked if the subcommittee needs notice of their meeting, travel per diem, or recording of the meeting, and minutes taken. It was stated that someone will contact Pat Davis and let her know the procedures that need to be followed.
Next meeting will be held a date to be determined.
There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board of Control adjourned.
ATTESTED:
________________________________ ____________________________________
Dave Schwarz, Secretary Ray Roethle, President
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
September 21, 2009
The Special Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Twenty-First day of September, 2009, at 8:00 p.m.
There were present and participating at the meeting:
Don Buxbaum
Ray Roethle
Scott Sackman
Jim Finneman
Ric Holden
Barry Rakes
James Whitmer
Also present and participating were, Pat Davis, Assistant Secretary, Deb Schwarz, via phone conference Al Ekblad; organizer for the International Union of Operating Engineers Local 400, Kay Braddock; Terry Tribune, and Len Stanton; Associated Employers Insurance Benefit Group.
President Ray Roethle called the meeting to order, stating that all necessary and advisable business be conducted during this time and that notice had been received by each Board Member.
Thereupon, President Roethle announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.
President Ray Roethle stated that the reason he called the meeting was to discuss correspondence that he had received via Buffalo Rapids, from the State of Montana, Department of Labor & Industry, concerning a petition for unit determination and election from International Union of Operating Engineers. Mr. Roethle stated that he had contacted Mr. Dave Schwarz when he received the letter, and that Mr. Schwarz told him to do nothing. Dave Schwarz refuted that statement and explained to the Board that he told Mr. Roethle that he could challenge it, they will have to get an attorney, they will have to negotiate with the Union, and if they can’t come to an agreement it will probably have to go before an arbitrator.
Al Ekblad, Organizer for the International Union of Operating Engineers Local 400, called the Buffalo Rapids Project Board meeting room for a prearranged discussion with all Board members present. Mr. Ekblad explained to the Board that he called to formally request that Buffalo Rapids Board of Control voluntarily recognize the union as the sole representative of the employees of the irrigation district. He explained to the Board that he felt that the employees were looking for a voice, and some security. He informed the Board that if they did not voluntarily recognize the union the process, in his experience, could take months. He also informed the members of the Board that he had called in case any of the Board members had any questions. Mr. Roehtle stated to Mr. Ekblad that Buffalo Rapids would probably get back to him the following day. Mr. Ekblad asked if they had any questions as to the definition of the unit. Mr. Roethle stated that he received the papers forwarded to him and then filed for an extension with the state. He had not heard from the state in regard to the extension. Mr. Ekblad had received an informal agreement to that request. Mr. Ekblad terminated the phone call at that time.
Mr. Schwarz told Mr. Roethle that all he would have had to do was tell Mr. Schwarz that he needed to talk with Mr. Hubber, Buffalo Rapids’ attorney, and that he would like for him to file an extension. Mr. Schwarz commented that he takes his direction from the Board.
Mr. Roethle informed the members of the Board that he had contacted Associated Employers and found out that they could help Buffalo Rapids with Human Resources issues, and issues concerning the union. Associated Employers would not be able to negotiate with the union. Mr. Barry Rakes asked Mr. Roethle why he had not called for a board meeting as soon as he received the letter from the state. Mr. Roethle commented that there is such a thing as fiduciary responsibility, and that he didn’t believe that any one on the Board would know what to do without any guidance. Mr. Rakes stated that he believed the employees contacted the union due to Mr. Holden and his agenda items and his list for review of employee policies. Mr. Holden stated that the items he had for review were old issues that he had been hearing about for years.
Mr. Roethle stated that he contacted Associated Employers to help with the union, that they needed a professional to help. Barry Rakes stated that as a project they did not have the money to hire anyone at this time. Mr. Roethle expressed that they would have to find the money.
Mr. Roethle stated that he was going to form a subcommittee. Chairman Roethle asked Commissioners Rakes and Sackman if they wished to serve on the subcommittee. Both declined.
On a motion made by Mr. Ray Roethle, and seconded by Mr. Jim Finneman it was resolved to:
Form a subcommittee to look into, and to give them the authority to, find or hire someone to help with the union issues. That subcommittee will consist of Jim Finneman, James Whitmer, and Ric Holden.
5 in Favor 2 Opposed.
Barry Rakes brought up a discussion of one of the Board members, Mr. James Whitmer, contacting an attorney out of Sidney, MT. Mr. Rakes stated that he did not feel it was right that a member of the Board take it upon themselves to contact an attorney on behalf of Buffalo Rapids Project without prior Boards’ approval. Mr. Whitmer responded that he felt he had the right to contact someone to learn more information that would help the Board. Mr. Rakes stated that he felt as if District II is being run over, and that he has been against a lot of the motions that have been made for quite awhile. Barry stated that the employees felt that if they hadn’t been present at some of those meetings, some of the motions concerning them would have been passed. Mr. Scott Sackman stated to the Board that he felt Buffalo Rapids owed it to their employees to take care of them better after so many years of service, in reference to the insurance coverage of employees over 65 years of age.
Mr. Roethle brought up the subject of the use of heavy equipment by the employees of Buffalo Rapids. He stated to the Board that they need to discontinue that practice, and that he would even be willing to reimburse the employee for that benefit. He stated that it is a complaint that he hears from his producers all the time. Mr. Schwarz replied that he knew of quite a few other irrigation districts that let the employees use their heavy equipment for personal use.
Mr. Barry Rakes expressed to the members of the Board that as of District II, he did not want anything to do with the cost associated with the hiring of personel to deal with the union. Mr. Sackman and Mr. Rakes expressed that District II did not start the issues with the employees joining the union, that it was primarily District I. Mr. Schwarz explained to the Board that he believed District II was getting stuck with costs that were being incurred by District I. Mr. Sackman expressed that as a Project they are trying to cut back on costs, but with fighting the employees on issues they are spending money they don’t have. Mr. Holden stated that they have to deal with these issues. Mr. Rakes stated that he felt they would not have much of a problem with the employees joining the union, that the employees did not want much more than they have now. Mr. Roethle stated that they needed help from a professional to deal with the union, because they could not just let the union tell the Board what to do. Mr. Buxbaum stated that he felt that the Board was not educated in union issues enough to protect themselves.
Mr. Ric Holden stated to the Board that he had contacted an accounting firm out of Bozeman, Montana, Kyla Stafford, CPA from Anderson, Zurmuehlen & Company. He expressed that he does not feel comfortable with the budget and the way things are, going into union negotiations. He stated that they need to know how the Project stands financially. He informed the members of the Board that he had talked with Ms. Stafford and she would be willing to come to Buffalo Rapids Project on Friday, September 25, to look at the financial records of the Project to see if there are any oversites. After the overview of the financial records she would meet with the Board that evening. The cost would be $2,400.00 for the day, unless she feels that she needs to do a more thorough examination. On a motion made by Mr. Ric Holden and seconded by Mr. James Whitmer is was resolved to:
Buffalo Rapids Project Board of Control hire Kyla Stafford, CPA from Anderson, Zurmuehlen & Company to conduct a financial review of Buffalo Rapids records.
5 in favor and 2 against.
On a motion made by Barry Rakes and seconded by Scott Sackman is was resolved that:
District II will not participate in the payment for the cost for the hiring of Kyla Stafford, CPA from Anderson, Zurmuehlen & Company to conduct a financial review of Buffalo Rapids records.
2 in favor 1 against.
Mr. Finneman asked if that motion was even legal. Mr. Roethle expressed that they should possibly look into the legalities of that motion and advised the subcommittee to look into it. Mr. Rakes said that he has a responsibility to District II and the money that is spent for that District.
Barry Rakes expressed to the Board that from what he had been told the employees of Buffalo Rapids Project were not going to ask for much more when they joined the union. He stated that the employees wanted to have some protection. The employees had contacted the state and found out that they were not protected, and were only protected under the managers’ contract. He stated that the employees felt threatened, because the Board was trying to take away the managers’ authority, and in doing that it would decrease their protection as employees. Dave Schwarz explained to the Board that in his contract it states that he has sole authority over all employees. Barry Rakes stated to the Board that Al Ekblad, union organizer, expressed to him that the employees did not want to make this into a big confrontational issue.
Mr. Ric Holden stated that he would call Ms. Kyla Stafford and let her know that Friday, September 25 is acceptable for the Board for her to come down and look into the Buffalo Rapids finances. Mr. Holden said that she would then meet with the Board that evening. Mr. Roethle said to Mr. Holden needs to verify with Ms. Kyla Stafford and then let Pat Davis know when to send notice of a meeting of the Board. Mrs. Davis asked if the subcommittee needs notice of their meeting, travel per diem, or recording of the meeting, and minutes taken. It was stated that someone will contact Pat Davis and let her know the procedures that need to be followed.
Next meeting will be held a date to be determined.
There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board of Control adjourned.
ATTESTED:
________________________________ ____________________________________
Dave Schwarz, Secretary Ray Roethle, President
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