MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
December16, 2009
The Second Meeting between the Buffalo Rapids Union Negotiating Sub Committee and the Union Representatives, at Terry, Prairie County, Montana, was held on the Sixteen day of December, 2009, at 7:00 p.m.
There were present and participating at the meeting:
Doug Buxbaum
Rick Harding
Barry Rakes
James Whitmer
Ric Holden
Also present and participating were: Bill Lingerfelt, International Representative Western Region, Al Ekblad, International Union of Operating Engineers, Pat Davis, Assistant Secretary, Heather Carter, Allen Gierke, Tanner Schillinger, and Tim Kortum.
Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.
Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.
NEW BUSINESS:
James Whitmer requested the Union representatives explain there backgrounds and what the Local 400 is about and their role that will be filled through this process.
Bill Lingerfelt introduces himself, he is with the International part of the Union working out of Denver, and his job is to assist the Locals operating engineers out of the West with organizing, arbitrations, negations. Bill Lingerfelt stated that they are here to get a collective barging agreement with Buffalo Rapids. The new contact person will be Al Ekblad and Randy Soback. Mr. Rick Harding asked Bill Lingerfelt to explain the International part of the Union. Bill Lingerfelt explains the difference between Locals and International: Locals stand alone and the International will not interfere unless there are issues. International will help negotiate contract and to assist the Local 400 but he is not the boss and if asked by the Locals to leave he must. Mr. Rick Harding wanted to know how many members. He stated that there are just over 400,000 members. There are two divisions of Operating Engineers: lifting/hosting and stationary. Local 400 is a combination of both. Mr. Rick Harding is concerned that there is a diminishing membership in Unions. Bill Lingerfelt stated that union numbers have gone down but the work force has gone up. Public Sector employees are growing and also depend on politics.
Al Ekblad explains the three areas of the Local 400: maintenance workers, public employees, and there are about 1800 members in MT. Al Ekblad is the organizer for the Locals and he is based out of Great Falls. Mr. Rick Harding asked how many staff members, Al Ekblad states that there are business managers, assistant business manager, four business agents, and secretarial staff.
James Whitmer asked if there were any more questions for Al Ekblad or Bill Lingerfelt. Bill Lingerfelt stated he would like to know the background of the members. Rick Harding and Doug Buxbaum explained their background; James Whitmer, Barry Rakes and Ric Holden did not.
James Whitmer stated that he understood that there would be a draft of the contract. Bill Lingerfelt felt that he would first like to go over some information. Doug Buxbaum asked if there were proposals. Bill Lingerfelt stated that they do but would like to give Buffalo Rapids some other proposals. Bill Lingerfelt stated that they are aware of the financial problems and understand that the board has wasted some money and has been frugal. He explains the reason they are here is the issue of the employees, not here to hurt or shut down Buffalo Rapids. The main reason the Union is present is to represent the employees and that is the number one concern. The Board needs to get issues worked out and operate together. He knows that negotiating and the Union is new to the board and doesn’t believe that a lawyer is needed, and felt that it would be a waste of money for the Board. He stated that they do have proposals and were prepared to hand over a contract but discussed with his members that a meeting between the Board and negotiating sub committee would be beneficial and there are avenues for the Board that are free. A State mediator is available and is free for his service; he would be on nobody’s side and would be able to give the Board some advice. Bill Lingerfelt reiterated that this service is free to the Board. He stated that there are a couple of options to do mediation: 1. Sit down and negotiate: needs to have a schedule set. He stated that nothing is bound while negotiating. Bill goes on to explain that once a T/A (tentative agreement) is close to an agreement, but it is not legally binding. Bill stated that the next step is once there is a contract they take it back to the membership, then it can be voted on for ratification, when it is ratified then there is a contract, which would need to be signed and the contract is for a set amount of time. He stated that tonight they would like to discuss mediation. Mediation is not binding, and it is free and if both parties do not feel this working they can back out.
Al Ekblad said that Ron Stormer, state mediator is available. Ron told Al that there are two processes: 1. Mediated negotiation, which is mediated with a proposal and work thru building a document. 2. Intra-based bargaining, which is where everybody participates around the table. Ron Stormer has the 5th and 6th of January available to do training session for mediated negotiation or intra-based he will go through the ground rules. The week of the 18th of January Ron is available to negotiate. Bill Lingerfelt stated that they have a contact number for Ron Stormer. James Whitmer stated that he did not fully understand the difference between mediated negotiating and intra-based bargaining. Bill Lingerfelt went on to explain the difference and mentioned that Ron Stormer would help establish the five different criteria’s that might be evaluated. Bill Lingerfelt stated that he is here to get a contract for the employees and trying to protect the employees. Al Ekblad and Bill Lingerfelt gave examples of how it will go once Ron Stormer is here meeting with each side and how negations will go. Rick Harding asked if Ron Stormer is fair. Al responded that he is. Bill Lingerfelt mentioned that he would like the board to try the mediation.
Al Ekblad stated that this Union will probably be represented out of Colstrip after the contract is done. Rick Harding asks that they should meet with Ron. James Whitmer would like to meet with Ron about intra-based bargaining. Ric Holden stated that intra-based bargaining does not interest him. He would like to see the initial proposal. Bill Lingerfelt reiterated that the Board does not need to spend more money when there is a free service. When in negations Bill Lingerfelt will be the chief spokesman and expects the Board to have a chief spokesman. Bill Lingerfelt expressed that there can not be any changes being made while in negotiations. Rick Harding stated that he felt like Al and Bill would like to use the mediator and Rick Harding made a motion that James Whitmer talk with Ron Stormer to get more information and reconvene at another meeting, Barry Rakes seconded. All in favor.
Bill Lingerfelt asked who the responsible party is that will direct the work force after Dave leaves. Doug Buxbaum stated that the governing Board would be need to be asked. Discussion was held between the sub committee if that needed to be a formal or informal request. Doug Buxbaum asked if the Union knows that there is a chance that the two Districts would be splitting. Bill Lingerfelt stated that yes they are aware and would be representing both sides. Bill Lingerfelt discussed with the sub committee a situation with the employees taking comp time or vacation time. He stated that as of now, no changes can be made. Barry Rakes mentioned that he thinks the employees are worried that they would loose their vacation time. Ric Holden gave Bill Lingerfelt a handout of the vacation and comp sheet as well as a sheet from the Board that was sent to the Department of Labor. Rick Harding expressed to Ric Holden that this committee is set up to negotiate a contract with the Union and is questioning what authority he has talking about dates people are to be taking off. He also mentioned that this might be just a discussion. Ric Holden stated that this allows us to go back to the Board on Friday with a motion and they do not have authority tonight. Bill Lingerfelt stated that this is a negotiating committee for a contract and maybe the Board needs to talk to the Union. Bill Lingerfelt would probably talk to the Project Manager Thursday, in directing schedules.
Doug Buxbaum stated that they are financially strapped. Bill Lingerfelt expressed that the future is what to look at.
James Whitmer stated that he going to get a hold of Ron Stromer. Rick Harding felt that he trusts James’ judgment to talk with Ron and as a sub committee to get together and discuss the phone conversation. Bill Lingerfelt is available in January and can stay until the negations are over. Al Ekblad would like to meet with Ron Stormer the 5th or the 6th of January; all agreed that would be better than a conference call. Rick Harding stated that it would not be unreasonable for the sub committee Chairman to talk to Ron before meeting. Bill Lingerfelt would like dates and James Whitmer stated that the 5th and 6th would work. Bill Lingerfelt stated that he would talk to the employees that are here tonight and call James Whitmer tomorrow. Ric Holden asked Bill who he was going to contact after talking to Dave. Bill Lingerfelt stated that he would be contacting Doug Buxbaum. Bill Lingerfelt would like to know who the chief negotiator is for the subcommittee, as he is for the Union.
Bill Lingerfelt stated that he would like to go over the issue of healthcare. He stated that we need to partner up to find solutions. He needs information on Associated Employers to be able to shop around. He needs information on the 5500(financial statement) and the health and welfare plan, they do have a plan but it may not work. The Union representatives presented paperwork to be able to talk with insurance healthcare providers. James Whitmer asked Patty if health insurance is through Dale Hellman? Pat Davis responded no. Bill Lingerfelt questioned if dental and vision is an option in current plan. Doug Buxbaum stated that there is an option. Barry Rakes is volunteering to help Patty to gather health insurance information. Doug Buxbaum will be contacting MACO. Bill Lingerfelt gave his card and his Denver phone number. Bill Lingerfelt stated that he has no other business and hopes negations work.
James Whitmer motioned to end meeting. Barry Rakes seconded. All in favor.
Meeting adjourned.
There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.
ATTESTED:
________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
December16, 2009
The Second Meeting between the Buffalo Rapids Union Negotiating Sub Committee and the Union Representatives, at Terry, Prairie County, Montana, was held on the Sixteen day of December, 2009, at 7:00 p.m.
There were present and participating at the meeting:
Doug Buxbaum
Rick Harding
Barry Rakes
James Whitmer
Ric Holden
Also present and participating were: Bill Lingerfelt, International Representative Western Region, Al Ekblad, International Union of Operating Engineers, Pat Davis, Assistant Secretary, Heather Carter, Allen Gierke, Tanner Schillinger, and Tim Kortum.
Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.
Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.
NEW BUSINESS:
James Whitmer requested the Union representatives explain there backgrounds and what the Local 400 is about and their role that will be filled through this process.
Bill Lingerfelt introduces himself, he is with the International part of the Union working out of Denver, and his job is to assist the Locals operating engineers out of the West with organizing, arbitrations, negations. Bill Lingerfelt stated that they are here to get a collective barging agreement with Buffalo Rapids. The new contact person will be Al Ekblad and Randy Soback. Mr. Rick Harding asked Bill Lingerfelt to explain the International part of the Union. Bill Lingerfelt explains the difference between Locals and International: Locals stand alone and the International will not interfere unless there are issues. International will help negotiate contract and to assist the Local 400 but he is not the boss and if asked by the Locals to leave he must. Mr. Rick Harding wanted to know how many members. He stated that there are just over 400,000 members. There are two divisions of Operating Engineers: lifting/hosting and stationary. Local 400 is a combination of both. Mr. Rick Harding is concerned that there is a diminishing membership in Unions. Bill Lingerfelt stated that union numbers have gone down but the work force has gone up. Public Sector employees are growing and also depend on politics.
Al Ekblad explains the three areas of the Local 400: maintenance workers, public employees, and there are about 1800 members in MT. Al Ekblad is the organizer for the Locals and he is based out of Great Falls. Mr. Rick Harding asked how many staff members, Al Ekblad states that there are business managers, assistant business manager, four business agents, and secretarial staff.
James Whitmer asked if there were any more questions for Al Ekblad or Bill Lingerfelt. Bill Lingerfelt stated he would like to know the background of the members. Rick Harding and Doug Buxbaum explained their background; James Whitmer, Barry Rakes and Ric Holden did not.
James Whitmer stated that he understood that there would be a draft of the contract. Bill Lingerfelt felt that he would first like to go over some information. Doug Buxbaum asked if there were proposals. Bill Lingerfelt stated that they do but would like to give Buffalo Rapids some other proposals. Bill Lingerfelt stated that they are aware of the financial problems and understand that the board has wasted some money and has been frugal. He explains the reason they are here is the issue of the employees, not here to hurt or shut down Buffalo Rapids. The main reason the Union is present is to represent the employees and that is the number one concern. The Board needs to get issues worked out and operate together. He knows that negotiating and the Union is new to the board and doesn’t believe that a lawyer is needed, and felt that it would be a waste of money for the Board. He stated that they do have proposals and were prepared to hand over a contract but discussed with his members that a meeting between the Board and negotiating sub committee would be beneficial and there are avenues for the Board that are free. A State mediator is available and is free for his service; he would be on nobody’s side and would be able to give the Board some advice. Bill Lingerfelt reiterated that this service is free to the Board. He stated that there are a couple of options to do mediation: 1. Sit down and negotiate: needs to have a schedule set. He stated that nothing is bound while negotiating. Bill goes on to explain that once a T/A (tentative agreement) is close to an agreement, but it is not legally binding. Bill stated that the next step is once there is a contract they take it back to the membership, then it can be voted on for ratification, when it is ratified then there is a contract, which would need to be signed and the contract is for a set amount of time. He stated that tonight they would like to discuss mediation. Mediation is not binding, and it is free and if both parties do not feel this working they can back out.
Al Ekblad said that Ron Stormer, state mediator is available. Ron told Al that there are two processes: 1. Mediated negotiation, which is mediated with a proposal and work thru building a document. 2. Intra-based bargaining, which is where everybody participates around the table. Ron Stormer has the 5th and 6th of January available to do training session for mediated negotiation or intra-based he will go through the ground rules. The week of the 18th of January Ron is available to negotiate. Bill Lingerfelt stated that they have a contact number for Ron Stormer. James Whitmer stated that he did not fully understand the difference between mediated negotiating and intra-based bargaining. Bill Lingerfelt went on to explain the difference and mentioned that Ron Stormer would help establish the five different criteria’s that might be evaluated. Bill Lingerfelt stated that he is here to get a contract for the employees and trying to protect the employees. Al Ekblad and Bill Lingerfelt gave examples of how it will go once Ron Stormer is here meeting with each side and how negations will go. Rick Harding asked if Ron Stormer is fair. Al responded that he is. Bill Lingerfelt mentioned that he would like the board to try the mediation.
Al Ekblad stated that this Union will probably be represented out of Colstrip after the contract is done. Rick Harding asks that they should meet with Ron. James Whitmer would like to meet with Ron about intra-based bargaining. Ric Holden stated that intra-based bargaining does not interest him. He would like to see the initial proposal. Bill Lingerfelt reiterated that the Board does not need to spend more money when there is a free service. When in negations Bill Lingerfelt will be the chief spokesman and expects the Board to have a chief spokesman. Bill Lingerfelt expressed that there can not be any changes being made while in negotiations. Rick Harding stated that he felt like Al and Bill would like to use the mediator and Rick Harding made a motion that James Whitmer talk with Ron Stormer to get more information and reconvene at another meeting, Barry Rakes seconded. All in favor.
Bill Lingerfelt asked who the responsible party is that will direct the work force after Dave leaves. Doug Buxbaum stated that the governing Board would be need to be asked. Discussion was held between the sub committee if that needed to be a formal or informal request. Doug Buxbaum asked if the Union knows that there is a chance that the two Districts would be splitting. Bill Lingerfelt stated that yes they are aware and would be representing both sides. Bill Lingerfelt discussed with the sub committee a situation with the employees taking comp time or vacation time. He stated that as of now, no changes can be made. Barry Rakes mentioned that he thinks the employees are worried that they would loose their vacation time. Ric Holden gave Bill Lingerfelt a handout of the vacation and comp sheet as well as a sheet from the Board that was sent to the Department of Labor. Rick Harding expressed to Ric Holden that this committee is set up to negotiate a contract with the Union and is questioning what authority he has talking about dates people are to be taking off. He also mentioned that this might be just a discussion. Ric Holden stated that this allows us to go back to the Board on Friday with a motion and they do not have authority tonight. Bill Lingerfelt stated that this is a negotiating committee for a contract and maybe the Board needs to talk to the Union. Bill Lingerfelt would probably talk to the Project Manager Thursday, in directing schedules.
Doug Buxbaum stated that they are financially strapped. Bill Lingerfelt expressed that the future is what to look at.
James Whitmer stated that he going to get a hold of Ron Stromer. Rick Harding felt that he trusts James’ judgment to talk with Ron and as a sub committee to get together and discuss the phone conversation. Bill Lingerfelt is available in January and can stay until the negations are over. Al Ekblad would like to meet with Ron Stormer the 5th or the 6th of January; all agreed that would be better than a conference call. Rick Harding stated that it would not be unreasonable for the sub committee Chairman to talk to Ron before meeting. Bill Lingerfelt would like dates and James Whitmer stated that the 5th and 6th would work. Bill Lingerfelt stated that he would talk to the employees that are here tonight and call James Whitmer tomorrow. Ric Holden asked Bill who he was going to contact after talking to Dave. Bill Lingerfelt stated that he would be contacting Doug Buxbaum. Bill Lingerfelt would like to know who the chief negotiator is for the subcommittee, as he is for the Union.
Bill Lingerfelt stated that he would like to go over the issue of healthcare. He stated that we need to partner up to find solutions. He needs information on Associated Employers to be able to shop around. He needs information on the 5500(financial statement) and the health and welfare plan, they do have a plan but it may not work. The Union representatives presented paperwork to be able to talk with insurance healthcare providers. James Whitmer asked Patty if health insurance is through Dale Hellman? Pat Davis responded no. Bill Lingerfelt questioned if dental and vision is an option in current plan. Doug Buxbaum stated that there is an option. Barry Rakes is volunteering to help Patty to gather health insurance information. Doug Buxbaum will be contacting MACO. Bill Lingerfelt gave his card and his Denver phone number. Bill Lingerfelt stated that he has no other business and hopes negations work.
James Whitmer motioned to end meeting. Barry Rakes seconded. All in favor.
Meeting adjourned.
There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.
ATTESTED:
________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee
Comments