MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
January 15, 2010
The First Meeting between the Buffalo Rapids Union Negotiating Sub Committee and the Labor Mediator, at Terry, Prairie County, Montana, was held on the Fifteenth day of January, 2010, at 10:30 a.m.
There were present and participating at the meeting:
Rick Harding
Barry Rakes
James Whitmer
Ric Holden
Also present and participating were: Ron Stormer; Labor Mediator, Pat Davis, Assistant Secretary. Not present Doug Buxbaum.
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.
Minutes from the December 10th, 2009 were read and stand as approved. Motion by Ric Holden and seconded by Rick Harding.
All in Favor
Motion carried
Minutes from the December 16th, 2009 were read and stand as approved. Motion by Ric Holden and seconded by Rick Harding.
All in Favor
Motion carried
NEW BUSINESS:
The meeting began with Ron Stormer explaining different types of collective bargaining. Traditional bargaining is both parties have proposals and exchange proposals and work together to come to a settlement. Ron Stormer explained his work background. Ron explains intra space bargaining which is more collaborative, more of a controlled process; everybody is in the same room and based on total trust and transparency. Ron also mentioned that traditional bargaining that is a facilitative process can be used and is more cumbersome and a mediator will probably be called in. Intra space bargaining can be facilitated. Intra space bargaining is more about getting the interest and creating a dialogue. Barry Rakes posed a question to Ron Stormer regarding intra space bargaining. Barry clarified that at the beginning of negotiations proposals are not binding and Ron stated that is correct and there are no tentative agreements and when finished it needs to codified. Ric Holden posed a question on who will be talking when meeting with the Union. Ron stated that he will be the facilitator. Ron Stormer explains the scenario beginning with ideas and going into standards then ending with options and states that everybody can talk and a spokesman is not needed. Ron states that the job of the facilitator is to keep the dialogue in a controlled fashion: what are the issues, what are the parties interests surrounding that issue, and what are the options, and how to reduce the options down to a manageable number. Ron Stormer stated that a Union contract will take away certain management rights and puts them into procedures that management has to follow. He also stated that the Board is not obligated to concede anything; no rights have to be given up. Ron Stormer stated that during negotiating if there was an unfair practice with the bargaining that he would step in. He also believes that lawyers do not need to be involved and but may need to have a lawyer at a later date.
James Whitmer posed the question how the Board of Control negotiates a contract not knowing when the split is going to happen. Ron Stormer stated that question should be recognized by a lawyer. Ron stated that a clear recognition of the unit that transferred to one or the other or both of those districts after the split the recognition that was granted to the Union would carry over to either or both of those districts. Ron explains the Union has a presumption under law of a majority status at all times.
Members had several concerns about keeping employees and being bound to union contract.
Ron Stormer gave ideas on what to say when negotiating with the Union. Ric Holden stated that the Board of Control voted to accept the Union and now the Board of Control is dissolved and now there will be two separate entities. Ron Stormer stated that if a charge is filed than both entities will have to appear in Helena. Ric Holden mentioned having two separate entities negotiating. Ron stated that is a possibility.
Ron Stormer suggested of him talking with Al Ekblad on the behalf of Buffalo Rapids negotiating with the employees not having the Union representatives present but having himself present.
Ric Holden asked Ron Stormer if there is another way of doing this possibly writing a collective agreement that dissolves when the Board of Control dissolves into two districts and at that point those employees can reorganize. Ron Stormer states that it can be put in the contract but that the employees would be still Union members.
James Whitmer stated that Board of Control is still in control and have the bylaw of good faith effort to put forth on negotiation. Ron Stormer stated that a basic agreement between the parties when negotiating until the date of the Board dissolving. Ron stated that contracts are a minimum of one year. Ron stated that the contract may be null and void when the Board is dissolved and this should be looked into legally.
Ron Stormer will contact Al Ekblad regarding that the Board does not want to hire a lawyer for negotiating and he will let the Board know if there is something unfair. Ron will also ask if the Board can look at a contract. Ron will email James Whitmer with the response from Al Ekblad.
James Whitmer posed the question on legal council. Rick Harding stated that legal is needed but not sure if it is needed between districts or under one Board. Ric Holden and James Whitmer had thoughts regarding when legal would be needed, possibly starting under Board of Control. The members were in discussion on where to start for negotiating and the problems that come from dissolving the Board of Control.
James Whitmer will be contacting Al Ekblad regarding when it will be possible to meet for negotiations. James will be informing Al about the Board of Control splitting and upcoming budget meetings. Members were in discussion when an attorney should be hired to help with negotiating.
Barry Rakes motioned to end meeting. Rick Harding 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
January 15, 2010
The First Meeting between the Buffalo Rapids Union Negotiating Sub Committee and the Labor Mediator, at Terry, Prairie County, Montana, was held on the Fifteenth day of January, 2010, at 10:30 a.m.
There were present and participating at the meeting:
Rick Harding
Barry Rakes
James Whitmer
Ric Holden
Also present and participating were: Ron Stormer; Labor Mediator, Pat Davis, Assistant Secretary. Not present Doug Buxbaum.
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.
Minutes from the December 10th, 2009 were read and stand as approved. Motion by Ric Holden and seconded by Rick Harding.
All in Favor
Motion carried
Minutes from the December 16th, 2009 were read and stand as approved. Motion by Ric Holden and seconded by Rick Harding.
All in Favor
Motion carried
NEW BUSINESS:
The meeting began with Ron Stormer explaining different types of collective bargaining. Traditional bargaining is both parties have proposals and exchange proposals and work together to come to a settlement. Ron Stormer explained his work background. Ron explains intra space bargaining which is more collaborative, more of a controlled process; everybody is in the same room and based on total trust and transparency. Ron also mentioned that traditional bargaining that is a facilitative process can be used and is more cumbersome and a mediator will probably be called in. Intra space bargaining can be facilitated. Intra space bargaining is more about getting the interest and creating a dialogue. Barry Rakes posed a question to Ron Stormer regarding intra space bargaining. Barry clarified that at the beginning of negotiations proposals are not binding and Ron stated that is correct and there are no tentative agreements and when finished it needs to codified. Ric Holden posed a question on who will be talking when meeting with the Union. Ron stated that he will be the facilitator. Ron Stormer explains the scenario beginning with ideas and going into standards then ending with options and states that everybody can talk and a spokesman is not needed. Ron states that the job of the facilitator is to keep the dialogue in a controlled fashion: what are the issues, what are the parties interests surrounding that issue, and what are the options, and how to reduce the options down to a manageable number. Ron Stormer stated that a Union contract will take away certain management rights and puts them into procedures that management has to follow. He also stated that the Board is not obligated to concede anything; no rights have to be given up. Ron Stormer stated that during negotiating if there was an unfair practice with the bargaining that he would step in. He also believes that lawyers do not need to be involved and but may need to have a lawyer at a later date.
James Whitmer posed the question how the Board of Control negotiates a contract not knowing when the split is going to happen. Ron Stormer stated that question should be recognized by a lawyer. Ron stated that a clear recognition of the unit that transferred to one or the other or both of those districts after the split the recognition that was granted to the Union would carry over to either or both of those districts. Ron explains the Union has a presumption under law of a majority status at all times.
Members had several concerns about keeping employees and being bound to union contract.
Ron Stormer gave ideas on what to say when negotiating with the Union. Ric Holden stated that the Board of Control voted to accept the Union and now the Board of Control is dissolved and now there will be two separate entities. Ron Stormer stated that if a charge is filed than both entities will have to appear in Helena. Ric Holden mentioned having two separate entities negotiating. Ron stated that is a possibility.
Ron Stormer suggested of him talking with Al Ekblad on the behalf of Buffalo Rapids negotiating with the employees not having the Union representatives present but having himself present.
Ric Holden asked Ron Stormer if there is another way of doing this possibly writing a collective agreement that dissolves when the Board of Control dissolves into two districts and at that point those employees can reorganize. Ron Stormer states that it can be put in the contract but that the employees would be still Union members.
James Whitmer stated that Board of Control is still in control and have the bylaw of good faith effort to put forth on negotiation. Ron Stormer stated that a basic agreement between the parties when negotiating until the date of the Board dissolving. Ron stated that contracts are a minimum of one year. Ron stated that the contract may be null and void when the Board is dissolved and this should be looked into legally.
Ron Stormer will contact Al Ekblad regarding that the Board does not want to hire a lawyer for negotiating and he will let the Board know if there is something unfair. Ron will also ask if the Board can look at a contract. Ron will email James Whitmer with the response from Al Ekblad.
James Whitmer posed the question on legal council. Rick Harding stated that legal is needed but not sure if it is needed between districts or under one Board. Ric Holden and James Whitmer had thoughts regarding when legal would be needed, possibly starting under Board of Control. The members were in discussion on where to start for negotiating and the problems that come from dissolving the Board of Control.
James Whitmer will be contacting Al Ekblad regarding when it will be possible to meet for negotiations. James will be informing Al about the Board of Control splitting and upcoming budget meetings. Members were in discussion when an attorney should be hired to help with negotiating.
Barry Rakes motioned to end meeting. Rick Harding 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
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