MINUTES
of the
MEETING OF BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
December 10, 2009
The first Regular Meeting of the members of the Buffalo Rapids Union Negotiating Sub Committee, at Terry, Prairie County, Montana, was held on the Tenth day of December 10, 2009 at 2:00 p.m.
There were present and participating at the meeting:
Ric Holden
Barry Rakes
James Whitmer
Rick Harding
Doug Buxbaum
Also present and participating were: Pat Davis, Assistant Secretary.
Chairman of the Sub Committee, James Whitmer 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 member.
Thereupon, Chairman of the Sub Committee, 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.
Ric Holden stated that a committee needs to be organized and appoint and vote for a chairman needs to be done and to identify issues when meeting with the union. All in agreement. Ric Holden expressed that Doug Buxbaum should do it. Doug Buxbaum denied the Chairman position. Ric Holden would like to be a researcher.
Ric Holden made a motion that James Whitmer be the Chairman of the Union Negotiating Sub Committee. Barry Rakes seconded. 4 votes in for, none against.
All in favor
Motion carried
Barry Rakes stated that he talked to Bill Lingerfelt and Al Ekblad, representatives of the Union, about meeting for today, due to weather they were unable to attend. Barry stated that he would like to continue with the meeting without Bill and Al present. Barry Rakes did talk with Ted Hendal who is the Federal Mediator for State of Montana. During the phone conversation with Ted Hendal Barry Rakes expressed his concerns regarding Union negotiations. Barry Rakes set a conference call at 3:00pm that day. Ric Holden asked Barry Rakes how he got his name, which was through Al Ekblad. Barry Rakes and Doug Buxbaum were explaining the job of the mediator. Doug Buxbaum expressed his concern that if there is a split, does the board sign a letter of intent, and is it binding. Ric Holden stated that the board recognized that the employees wanted to go Union. A letter was passed from Al Ekblad and was read by Doug Buxbaum at this time. This was the second letter. The first letter of recognition was found as well.
Rick Harding expressed his concern and wants to understand and gain consensus on what the objectives of the negotiations are. Doug Buxbaum stated that Buffalo Rapids is in trouble financially and employee benefits need to be looked at, and there needs to be some cuts somewhere, or water taxes need to be raised. James Whitmer stated that the issue from the previous meeting was working off the accrued comp and vacation time. James understands that there is no policy regarding this. He thought comp time should be taken off before vacation time. He stated that Employees are probably concerned that the Board does not pay the increase in health premium. He also stated the issue of the use of company vehicles by employees. These issues should be discussed with the Union. Rick Harding stated that comp and vacation is not necessarily addressing cost saving benefits. James Whitmer expressed the health insurance premium increase. Rick Harding stated that there are a number of ways to cap the cost on insurance. Doug Buxbaum and Ric Holden expressed that District I and District II are in bad shape.
James Whitmer has a question directed to Doug Buxbaum regarding the Employee handbook or policy that the employees work under. When working with the Union does that go in the contract with the Union or is it separate. Doug Buxbaum explained that the different ways Dawson County does their negotiations and policies. James Whitmer stated that these issues need to be discussed with the Union reps.
Doug Buxbaum wanted to know why the employees contacted the Union. Barry Rakes explains that Dave Schwarz had sole authority over the employees. The employees got scared and they want their jobs and called the State Labor board and found out that if Dave is gone this Board could take away their insurance and possibly other benefits. Barry Rakes stated that the employees are afraid of the Board. He also stated that Ric Holden told Dave that if the Board wants somebody fired would have to do it, and Dave said no I don’t, I have sole authority over the employees. Rick Harding expressed that one reason for having the Union come in is the employees saw the conflict between Dave and the Board. The members agreed.
James Whitmer explains his point of view on the issue of hiring a lawyer. One or both Union rep’s will sit in and will be part of the negations. James Whitmer expressed his concern that the Board does not have the skill to deal with the Union at this time. A resource of knowledge is very helpful and a resource is needed. He expressed that this committee needs a lawyer. Rick Harding agreed that a lawyer may be needed but these discussions do not need a lawyer. James Whitmer stated that there is a misconception of his thoughts about needing a lawyer and that some of those misconceptions are not true.
Doug Buxbaum stated he would like to ask the mediator if they can talk to the employees without their Union Rep’s. James Whitmer stated no. Doug Buxbaum would like to talk to the employees without the Union reps but that is not possible. He mentioned that there probably would not be much talk from the employees and the Union reps would be doing the talking.
Rick Harding stated that part of a strategy is that word can be spreading that going forward is a good thing also an open dialogue is critical.
Barry Rakes and Doug Buxbaum discussed splitting of the Districts and dismissal of some of the employees.
Conference call with Ted Hendal, Federal Mediator:
James Whitmer stated that he would like to know where a federal mediator comes in during Union negations. Ted Hendal explains that when there are difficulties finding solutions. Mediators are not used to bargain a contract start to finish but work with them in solutions to problems and have open up lines of communication. The parties will be separated and would be able to talk freely. He also explains the difference between intra-based bargaining and traditional bargaining. He gives the website, www.fmcs.gov. James Whitmer asked about needing an attorney as a resource. He stated that the Board doesn’t necessarily want an attorney at the table but one to call and ask for advice.
Ted Hendal stated that nothing wrong with hiring an attorney, he also explains the different contracts. He understands that the board does not have a lot of experience and it will take at least 6 months depending on the attorney to put together a contract. If a labor attorney is friendly may take a little less time. He mentions management consultants would be another avenue. Rick Harding asks if there is any place to take a look at boilerplate contracts. Ted Hendal explains not sure but stated that they should go to the website, media center, gives outlines for contract bargaining agreements. Rick Harding asked about public type Unions. Ted Hendal responded to go to Dawson County Sheriffs Department, consult with Jeff Minkler who has worked with Dawson County. Doug Buxbaum agreed with Ted that Minkler does a good job. Ted Hendal asked who the employees went through State or Federal, Barry Rakes responded with State. Ted Hendal gave Ron Stormer, state mediator as a reference, which is a free service contact. Ric Holden requested the number for Jeff Minkler.
Ted Hendal explains that a mediator is not binding, has no jurisdiction. Barry Rakes expressed concern about talking with the Union. Ted Hendal stated that bargaining in good faith is the way to go and explained the process of negotiating. Ask them to give you boilerplate language. He also stated that three areas that need to be discussed with the Union are: wages, working conditions and benefits. Conference call was ended.
Doug Buxbaum stated that he will contact county attorney for Glendive Sheriff’s Office for contract or Jeff Minkler. Discussion was what would cost for Jeff Minkler and how important it is to have a resource person and who to contact Ron Stormer or Jeff Minkler. Doug Buxbaum stated that first step of action is to see the proposal and then decide who to contact. James Whitmer will call Al Ekblad and see if they can look at some contracts. Rick Harding stated that he understood that it is the Union’s responsibility to come up with the 1st proposal.
Next meeting is the 16th at December at 7:00 p.m. with the Union representatives.
________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee
of the
MEETING OF BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
December 10, 2009
The first Regular Meeting of the members of the Buffalo Rapids Union Negotiating Sub Committee, at Terry, Prairie County, Montana, was held on the Tenth day of December 10, 2009 at 2:00 p.m.
There were present and participating at the meeting:
Ric Holden
Barry Rakes
James Whitmer
Rick Harding
Doug Buxbaum
Also present and participating were: Pat Davis, Assistant Secretary.
Chairman of the Sub Committee, James Whitmer 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 member.
Thereupon, Chairman of the Sub Committee, 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.
Ric Holden stated that a committee needs to be organized and appoint and vote for a chairman needs to be done and to identify issues when meeting with the union. All in agreement. Ric Holden expressed that Doug Buxbaum should do it. Doug Buxbaum denied the Chairman position. Ric Holden would like to be a researcher.
Ric Holden made a motion that James Whitmer be the Chairman of the Union Negotiating Sub Committee. Barry Rakes seconded. 4 votes in for, none against.
All in favor
Motion carried
Barry Rakes stated that he talked to Bill Lingerfelt and Al Ekblad, representatives of the Union, about meeting for today, due to weather they were unable to attend. Barry stated that he would like to continue with the meeting without Bill and Al present. Barry Rakes did talk with Ted Hendal who is the Federal Mediator for State of Montana. During the phone conversation with Ted Hendal Barry Rakes expressed his concerns regarding Union negotiations. Barry Rakes set a conference call at 3:00pm that day. Ric Holden asked Barry Rakes how he got his name, which was through Al Ekblad. Barry Rakes and Doug Buxbaum were explaining the job of the mediator. Doug Buxbaum expressed his concern that if there is a split, does the board sign a letter of intent, and is it binding. Ric Holden stated that the board recognized that the employees wanted to go Union. A letter was passed from Al Ekblad and was read by Doug Buxbaum at this time. This was the second letter. The first letter of recognition was found as well.
Rick Harding expressed his concern and wants to understand and gain consensus on what the objectives of the negotiations are. Doug Buxbaum stated that Buffalo Rapids is in trouble financially and employee benefits need to be looked at, and there needs to be some cuts somewhere, or water taxes need to be raised. James Whitmer stated that the issue from the previous meeting was working off the accrued comp and vacation time. James understands that there is no policy regarding this. He thought comp time should be taken off before vacation time. He stated that Employees are probably concerned that the Board does not pay the increase in health premium. He also stated the issue of the use of company vehicles by employees. These issues should be discussed with the Union. Rick Harding stated that comp and vacation is not necessarily addressing cost saving benefits. James Whitmer expressed the health insurance premium increase. Rick Harding stated that there are a number of ways to cap the cost on insurance. Doug Buxbaum and Ric Holden expressed that District I and District II are in bad shape.
James Whitmer has a question directed to Doug Buxbaum regarding the Employee handbook or policy that the employees work under. When working with the Union does that go in the contract with the Union or is it separate. Doug Buxbaum explained that the different ways Dawson County does their negotiations and policies. James Whitmer stated that these issues need to be discussed with the Union reps.
Doug Buxbaum wanted to know why the employees contacted the Union. Barry Rakes explains that Dave Schwarz had sole authority over the employees. The employees got scared and they want their jobs and called the State Labor board and found out that if Dave is gone this Board could take away their insurance and possibly other benefits. Barry Rakes stated that the employees are afraid of the Board. He also stated that Ric Holden told Dave that if the Board wants somebody fired would have to do it, and Dave said no I don’t, I have sole authority over the employees. Rick Harding expressed that one reason for having the Union come in is the employees saw the conflict between Dave and the Board. The members agreed.
James Whitmer explains his point of view on the issue of hiring a lawyer. One or both Union rep’s will sit in and will be part of the negations. James Whitmer expressed his concern that the Board does not have the skill to deal with the Union at this time. A resource of knowledge is very helpful and a resource is needed. He expressed that this committee needs a lawyer. Rick Harding agreed that a lawyer may be needed but these discussions do not need a lawyer. James Whitmer stated that there is a misconception of his thoughts about needing a lawyer and that some of those misconceptions are not true.
Doug Buxbaum stated he would like to ask the mediator if they can talk to the employees without their Union Rep’s. James Whitmer stated no. Doug Buxbaum would like to talk to the employees without the Union reps but that is not possible. He mentioned that there probably would not be much talk from the employees and the Union reps would be doing the talking.
Rick Harding stated that part of a strategy is that word can be spreading that going forward is a good thing also an open dialogue is critical.
Barry Rakes and Doug Buxbaum discussed splitting of the Districts and dismissal of some of the employees.
Conference call with Ted Hendal, Federal Mediator:
James Whitmer stated that he would like to know where a federal mediator comes in during Union negations. Ted Hendal explains that when there are difficulties finding solutions. Mediators are not used to bargain a contract start to finish but work with them in solutions to problems and have open up lines of communication. The parties will be separated and would be able to talk freely. He also explains the difference between intra-based bargaining and traditional bargaining. He gives the website, www.fmcs.gov. James Whitmer asked about needing an attorney as a resource. He stated that the Board doesn’t necessarily want an attorney at the table but one to call and ask for advice.
Ted Hendal stated that nothing wrong with hiring an attorney, he also explains the different contracts. He understands that the board does not have a lot of experience and it will take at least 6 months depending on the attorney to put together a contract. If a labor attorney is friendly may take a little less time. He mentions management consultants would be another avenue. Rick Harding asks if there is any place to take a look at boilerplate contracts. Ted Hendal explains not sure but stated that they should go to the website, media center, gives outlines for contract bargaining agreements. Rick Harding asked about public type Unions. Ted Hendal responded to go to Dawson County Sheriffs Department, consult with Jeff Minkler who has worked with Dawson County. Doug Buxbaum agreed with Ted that Minkler does a good job. Ted Hendal asked who the employees went through State or Federal, Barry Rakes responded with State. Ted Hendal gave Ron Stormer, state mediator as a reference, which is a free service contact. Ric Holden requested the number for Jeff Minkler.
Ted Hendal explains that a mediator is not binding, has no jurisdiction. Barry Rakes expressed concern about talking with the Union. Ted Hendal stated that bargaining in good faith is the way to go and explained the process of negotiating. Ask them to give you boilerplate language. He also stated that three areas that need to be discussed with the Union are: wages, working conditions and benefits. Conference call was ended.
Doug Buxbaum stated that he will contact county attorney for Glendive Sheriff’s Office for contract or Jeff Minkler. Discussion was what would cost for Jeff Minkler and how important it is to have a resource person and who to contact Ron Stormer or Jeff Minkler. Doug Buxbaum stated that first step of action is to see the proposal and then decide who to contact. James Whitmer will call Al Ekblad and see if they can look at some contracts. Rick Harding stated that he understood that it is the Union’s responsibility to come up with the 1st proposal.
Next meeting is the 16th at December at 7:00 p.m. with the Union representatives.
________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee
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