January 2012

Volume 42 Issue 1 • January 2012

LOOK INSIDE FOR WINTER CONFERENCE AGENDA AND REGISTRATION!!!!

OperatorThe

Helping Yourself Shari Danzeisen

In today’s world, daily tasks are made easier by many kinds of electronic equipment. Think of a time not so many years ago,when you maybe had a cell phone, but it was a large one that plugged into your car’s lighter (A car’s lighter? Now it isreferred to as an accessory or power port) and had to be carried around in a large vinyl bag when you took it places. Nowyour phone delivers your email, has the internet on it - the newest iphone even has a intelligent speaking capability that youtell your phone what to do and it does it, making lists, calling people, writing your text messages, scheduling your appoint-ments in a calendar by just talking to the phone for you - the list goes on and on. In the future, technology experts say therewill be no need for cameras or video cameras - they will be perfected to that degree in your phone.

I think of back when I started working in the school bus industry in 1995 and we hardly used computers at all for daily tasks.Now, recently, our internet service provider was down for one whole work day. No email. No internet. It was as if our officewas disabled all day! Many of the computer programs that we use daily are internet based - how strange that we havebecome so dependent on these technologies that are designed to make tasks easier - so much to the point that when it isn’tworking we feel lost.

My point is, while all of these technologies are helpful, we all run the risk of becoming too dependent on them. Too depen-dent on having information immediately, too dependent on having things automatically done for us. If we don’t see it on theweb, we don’t see it. If we don’t have it emailed to us, we don’t read it. Because of this dependence on receiving informa-tion automatically and immediately, the same can happen with the attendance at our conferences. Members often don’t takethe time to attend the conference because they think if it is important enough, the information will be emailed to them, post-ed on the website, or published in the newsletter. But we risk losing sight of some of the most important aspects of attend-ing conferences. Camaraderie with our school bus colleagues. Having personal conversations with fellow contractors.Hearing information first hand from the authority and the ability to ask questions on whatever the topic may be the most ben-eficial part of the conference.

The MSBOA office is always available to help with clarification on regulations. Often times it is a phone call that can alert usto an issue brewing out there. But don’t wait until it is too late to get help. Take full advantage of your membership andproactively seek out answers.

Our industry is facing a very critical time. Schools lack adequate funding. School transportation is the most common placefor a school district to look for savings.

How can you help yourself and your business survive? Plan to attend the winter conference. See for yourself if the sameconcerns exist in other school districts and bus companies. The conferences are designed for you to get the most currentinformation available for our industry. The conferences are designed to help you with your business.

Be the kind of contractor that your school district wants to have and keep by staying abreast of all safety and special needsinformation. Be the kind of contractor that your school district goes to for answers before hiring a consultant, and beforegoing out for bids on the contract.

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BBOARDOARD OFOFDDIRECTORSIRECTORS

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX [email protected]

MIKE CLARK, FERGUS FALLS


CONNIE GRISIM, STEWARTVILLE


DOUG GRISIM, LAKE CITY


TOM HEY, MARSHALL

507.532.4043 / FAX [email protected]

KEN INSELMANN, WILLMAR


STEVEN JANNINGS, ALBERT LEA

507.373.1467/FAX 373.2714

[email protected]

BRIAN KOCH, WACONIA


JIM KOONST, BELLE PLAINE


GAYLEN LENZ, LAKE CRYSTAL


RUDY LUNDAHL, DULUTH


ROGER MILLNER, ANNANDALE

320.274.8313 / FAX 274.8027

[email protected]

CHARLES PETERSON, JR., ANDOVER


JIM SCHIFFLER, MINNEAPOLIS


JOSH SCHIFFLER, CROSBY


LINNEA WEIDA, LITCHFIELD


The OperatorMISSION STAT E ME NT:

THE PURPOSE OF THE OPERATOR

IS TO PROVIDE THE MEMBERSHIP

OF THE MINNESOTA SCHOOL BUS

OPERATORS ASSOCIATION WITH

INFORMATION REGARDING

CURRENT INDUSTRY ISSUES.

THE OPERATOR IS PUBLISHED 11

TIMES A YEAR BY THE MSBOA,

10606 HEMLOCK ST. NW •

ANNANDALE, MN 55302.

FOR MORE INFORMATION CALL

320-274-8313.

E-Mail [email protected] or

FAX: 320-274-8027.

Website: www.msboa.com

SUBSCRIPTIONS ARE FREE

WITH MEMBERSHIP. ADDITIONALSUBSCRIPTIONS ARE $24.00 AYEAR. COPYRIGHT 2012.

MEMBERS MAY MAKE PHOTO-

COPIES OR USE ARTICLES AS

NECESSARY PROVIDING THE

SOURCE IS CITED.

CO-EDITORS:

SHARI DANZEISEN & SHELLY

JONAS

LAYOUT & DESIGN: SHARI DANZEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSARILY REPRESENT THEOPINIONS OF THE ENTIRE MEM-BERSHIP OR ITS BOARD OF DIRECTORS.

PRESIDENT

DOUG GRISIM

FIRST VICE PRESIDENT

GAYLEN LENZ

SECOND VICE PRESIDENT

JIM KOONST

TREASURER

ROGER MILLNER

EX-OFFICIO

TOM HEY

From the PresidentDoug GrisimLake City Bus Lines, Lake City, MNGreetings from Lake City!

What a week it has been here in small town USA! I’m suremost of you have heard the story about the Lake City policeofficer that was responding to a domestic disturbance callwhen the unthinkable took place, but I feel compelled to

write a little about how it affected us here. The police officer took two bullets to thehead and back area while rescuing a female from the residence at 8:40 A.M. Thatsparked a 10 hour standoff at the residence which is 9 blocks down the same streetthat our school bus garage and offices are on. While the 100+ law enforcement per-sonnel were responding to the area we were trying to gather information about howthis could affect our responsibilities as to getting students home. All schools went intothe “lockdown mode” after law enforcement officials advised to do so. As you canimagine, we were hearing all sorts of speculations about the status of the shooter thatwas believed to be still in the house where the shooting took place. We felt it was veryimportant for all of our employees to not engage themselves in speculation concerninghow and if we would transport children home. The administrative team at the schoolsdid an exemplary job of keeping the parents and us, updated on the status of the lock-down.

As the end of the regular school day came nearer, we began to role play how we wouldmake adjustments to our routes and schedules to allow the safe return home of allschool children. Our employees gathered in the drivers lounge at 2:30 P.M. for a meet-ing and we all felt very confident that if the school called upon us to run the routes, wewould be able to do so. As darkness began to fall, we received word that the schoolsmay call upon parents to come the appropriate school to take their children home withthem. That indeed was what took place and at 6:30 P.M. we told all of our employeesthey could go home. No P.M. routes were run.

In looking back, the main lesson that I learned that day was to stay calm, and be flex-ible with your plans. Doing your own research and not getting involved in hearsay wasa big benefit as well. Continued on Page 4

Tom Keliher and Shelly Jonas

As you may have heard, the latest news at the Capitol is that Senator Amy Koch, SenateMajority Leader stepped down and will not be seeking reelection.

After an all-day meeting that stretched into the evening on Tuesday, December 27, Min-nesota Senate Republicans chose David Senjem, R- Rochester to be the new Senate Majority Leader.

Senjem was first elected in 2002 and served as minority leader before the Republicans won the majority in the 2010 elec-tion.

Senate Republicans also elected Sen. Roger Chamberlain,R-Lino Lakes, Sen. Paul Gazelka, R-Brainerd, Sen. Ted Lillie, R-Lake Elmo, and Sen. Claire Robling,R-Jordan to serve as assistant majority leaders.

Senjem has seven days to appoint two additional assistant leaders.

The House has adopted the 2012 Legislative Session calendar. Important dates are as follows.

• Tuesday, January 12 – Pre-introduction of House Files, bills are due to the Speaker’s office no later than

5:00 p.m. for first reading on Tuesday, January 24th.

• Tuesday, January 24 – Official House business will begin with Session convening at noon.

• Wednesday, January 25 – One Minnesota Conference, no official House business.

• February 2-7 – Legislative break fro Precinct Caucus

• April 6-13 – Easter break, no official House business.

• Monday, April 30th – House will adjourn sine die

The Senate has yet to adopt these dates.

The Legislative Committee has received the copies of the bill initiatives that the Office of the Pupil Transportation Safety iscarrying. The OPTS will be carrying the 2010 National Standards bill. This bill was carried by MSBOA and passed last year,but was never signed by the Governor. As you may recall, this bill allows for black fenderettes around the 8 way lights, aux-iliary fans on the dash, adopts the updated tail pipe positions and gives instruction for mid-ship cameras.

Another legislative initiative removes the word “point” from statute 169.451. This would allow the state patrol to change theinspection criteria to another system, including a pass/fail system. The MSBOA plans to work very closely with the OPTSon any changes to the current system. If you have any comments regarding a change, please forward them to the MSBOAOffice.

The other two initiatives are primarily technical. One clarifies a conflict between 169.441 and 169.4503. 169.4503 statesthat the rear of the bus must display lettering regarding that it is unlawful to pass a bus when the red lights are flashing.169.441 states that you can use the rear of the bus to display who the bus is contracted for.

The other initiative removes some language in 169.4582 requiring reporting by school officials to the public safety commis-sioner on a certain form that was never developed. The fix is to add the term “upon request”.

If you have any suggestions/comments for this year’s legislative session, please forward them to the Legislative Chair,Shelly Jonas at the MSBOA Office.

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Legislative UpdateBy Tom Keliher, Keliher Government Affairs Consulting, LLC.

Phone (612) 723-5168 • Email: [email protected]

4

Wondering what is happening this year at the annual JointMSBOA/MAPT Winter Conference? This event has beenredesigned for 2011! Newly dubbed the “Minnesota SchoolBus Safety Expo”, the event will be held in St. Paul this yearon January 20-21, 2012. MSBOA and MAPT will still besponsoring this yearly conference. The presentations will beheld at the Crowne Plaza, with the trade show being held atthe River Centre.

2012 will also mark the first year that school superinten-dents, school board members, special needs coordinators,and other non-member school personnel have been invitedto attend - truly making this event the most comprehensiveschool bus safety conference in Minnesota!

Peggy Burns, sponsored by Student Transportation of Amer-ica (STA), is a reknowned expert on school bus transporta-tion law and will be the keynote speaker for the expo. Shewill present: “Hot Topics in Special Needs Transportation”and “Deal or No Deal, How to Avoid the Real Risks of Lia-bility in School Transportation.” We are very excited to haveMs. Burns back in Minnesota as she was very well receivedthe last time she spoke with our group.

Linda Johnson, an expert in customer service, will present:“Customer Service - Turning Complaints into Opportunities.”This is a thought provoking presentation to give you someuseable tips and tricks on dealing with unhappy parents, andschool officials.

There will be a presentation entitled, “How to Promote Safe-ty to School Boards” by Margo Nash from Edina Schools.This presentation will help increase your confidence in cre-

ating and making presentations to your superintendent andschool board.

We will be joining our vendors from 3-6PM at the River Cen-tre on Friday afternoon for the trade show. John Benjamin,Benjamin Bus, has graciously donated a shuttle servicefrom the Crowne Plaza to the River Centre for this event.Join in the comeraderie, food, and fun!

After dinner on your own, Friday evening, Seon is sponsor-ing a social event called the “Hours of Awesome” at theCrowne Plaza’s Windows on the River. Come socialize withyour fellow transportation colleagues while in the rotatingrooftop lounge gazing at nighttime views of St. Paul!

Captain Tim Rogotzke, Lt. Brad Ouart, Lt. Ed Carroll, Sgt.Jim Senenfelder, all of MN State Patrol, and FMSCA DanDrexler will open the conference on Saturday morning cov-ering the following topics: Round Table Discussion andMotor Coach Accident Investigation, How to Select a SafePassenger Carrier Program, and Accident Investigation ofPine River/Int’l Falls.

Deb Carlson, DVS will be on hand to share upcomingchanges to the commercial drivers license. Come to seewhat’s in store for 2012 and beyond.

We will also be featuring a segment on Saturday entitled“Developing a Safe Shop Policy”. Mil Carroll from StateFund Mutual will be presenting. Make sure to register yourshop personnel or foremen for Saturday.

Registration is inside this newsletter - please sign up today!

In closing a quote by General Colin Powell… You have been given citizenship in a country like none other on earth, withopportunities available to you like nowhere else on earth. What will be asked of you is hard work; nothing will be handed toyou… Use your education and success in life to help those still trapped in cycles of poverty and violence. Above all, neverlose faith in America. Its faults are yours to fix, not curse.

Please make every effort to attend the upcoming School Bus Safety Expo in St Paul. There has been a tremendous amountof planning effort put into this so PLEASE attend!!

I hope everyone has/had a Merry Christmas and a Happy New Year! Safe travels to all!!Doug Grisim

Winter Conference- Don’t Miss It!By Shari Danzeisen

From the President Continued from page 2.

WINTER DRIVING SAFETY FOR SCHOOL BUS DRIVERS

Winter driving presents special challenges for school bus drivers due to changes in the road conditions, temperatures, andhazards caused by winter weather. Being prepared is the first step in dealing with hazardous conditions of winter driving.Your pre-trip inspection should include making sure mirrors are free of accumulated snow and ice and defrosters are work-ing properly. Also drivers will want to check wipers and lights to make sure they are working properly. All of the vehicles sys-tem will work harder during cold winter days so it’ important they are all in good working order.

Temperature, especially surface temperatures will play a big factor in where water will turn to ice. Drivers should keep inmind that shaded areas, elevated areas, and areas subject to winds such as overpasses will freeze before other road sur-faces. Black ice, a thin veneer of ice above a road or other surface, is often very hard to detect by sight alone. Having infor-mation about the surface temperature will help determine if black ice is possible. When temperatures are near freezing rec-ognize that icy conditions may exist in shaded, elevated, and wind prone areas.

Getting enough traction to start and enough friction to stop are the greatest concerns for winter drivers. It takes as much asthree to twelve times the amount of distance to stop on snow and ice as on dry concrete. Speed and following distancesmust be considered not only for you but in order to have sufficient time to react to other vehicles. When traction can not beachieved with good tires alone, chains will be required. Slower acceleration along with slower overall speed will help in allow-ing sufficient time to react to other drivers and hazardous conditions. For each hazardous condition drivers should allow anextra 1 second following distance.

Proper stopping will depend on what type of brakes the vehicle has. Newer vehicles including buses have what are knownas ABS brakes (ABS, from German: Antiblockiersystem) or Anti-lock brakes. Proper application of these brakes is done byconstant pressure on the brake peddle with no let up. These brakes are computer controlled and pumping the brakes or let-ting off and re-applying them will re-set the computer controller not allowing them to operate properly. The brakes will do thejob of slowing the vehicle by keeping the brakes from locking up. Non ABS equipped vehicles require drivers to squeeze thebrakes gently to keep them from locking up.

Changing temperatures from opening and closing the bus door along with students tracking in water/snow can create slip-pery conditions on bus steps. Suggest students use the handrail and take each step cautiously. Don’t forget to use the rail-ing yourself. Use extra caution when walking around the vehicle doing your pre-trip inspection. Wear appropriate clothingand footwear. Slippery conditions and frozen ruttedground are often created by the vehicle at its parkingspot.

Winter weather can be challenging but like other condi-tions you face daily is something you can managethrough proper preparation, use of correct defensive dri-ving techniques and some common sense. While dis-tricts often delay or cancel school when weather is bad,conditions can change quickly, so be prepared.

“In conjunction with Keystone Insurers Group, this articleis brought to you by Harleysville Insurance Company.Harleysville partners with Keystone Insurers Group tobring the best insurance coverages to School Bus Con-tractors.”

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Law Compliance- Ed Carroll

If you have questions about a waiver that has been sent inplease do not call. When Ed receives them he reviews andpasses them on to Deb for issuing. He does not have theinformation available, so cannot answer your questions. Debthen sends it to issuing and a letter of approval or denial issent to the applicant in a timely manner.

Duane Bartels - Inspections

Reported on a crash yesterday where a car drove over thetop of a stopped school bus. Most inspections are done forthe year. Paul, Duane and another trooper are doing compli-ance reviews with carriers. They did about 30 this year andwill get more for next year from Dan Drexler’s department.Several of these carriers did not have current drug/alcoholpolices. There are 11 things they need to have according to49CFR 389.601. Duane will send a copy to Emily to send out.

Paul Davis - Inspections

Paul showed pictures of the Ham Lake Crash yesterday. Thebus was stopped at an intersection and the driver of the carfell asleep at the wheel. The car went in the ditch hit a culvertand drove over the hood of the bus. The car then flipped over.There were students on the bus but no one was injured.

Deb Carlson - DVS

Issuing is out 17 days. Kathy Childs started Dec. 7th takingover for Kris. She is very knowledgeable on CDLs and will bedoing Examiner review school in Feb/March. New DLcameras have been installed and have a higher quality ofpictures. Deb’s department has looked into drivers com-ing here with a CDL from another State and checkingtheir testing information to make sure it is valid. Somehave had to re-test in MN. Covert monitoring continuesto happen with 3rd party testers and State Examiners.When faxing driver physicals PLEASE SENT THEMSEPERATELY FOR EACH DRIVER. A cover letter is notneeded and please try to put their DL number on the bot-tom so it is legible. Still working on the Enhanced DL.This would be for people that cross into Canada fre-quently and must be done by 2013. This license will costmore and will have additional requirements. When fingerprints are needed for a prospective driver the temporarypaperwork is good for 180 days.

TTT- Ray Kroll

The dates are July 10-13, 2012 in Hinckley. Sherry Casewill be working on the agenda with the committee.

The committee will be looking for RFP’s (Request ForProposals) for the training topics this year. Ray passedout information on the steps to take to request your ideas.You must also attach the cost for trainer, materials etc.

The proposals are due to Sherry Case by Jan. 9, 2012. E-mail Sherry for more information [email protected].

Rodeo –Sherry Case

The Road-eo will be Saturday June 2nd in Duluth.

Stake Holders Group- Emily White

Discussion on Transit buses transporting students in greaterMN. More information to come.

Students on buses are taking pictures of drivers doing thingslike testing, getting off the bus with it running etc. Some ofthese videos have shown up on Facebook. Districts shouldhave polices for students using this type of device.

It was reported that MSBOA would like to set up meetingswith State carriers to talk about safety items of concern. TheSergeants will be helping with these. The first ones will havea CD on bullying with a test at the end for attendees.

MAPT – Ray Kroll/John Thomas

• The Minnesota School Bus Safety Expo will be in St. Paulthis year at the Crown Plaza with the vendors at the RoyWilkins auditorium.

• Encourage everyone to attend. Peggy Burns a nationalspeaker will be speaking.

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Minnesota School Bus Safety CommitteeWednesday December 21, 2011 • Minneapolis

I am the newest member of the MSBOA Board of Directors. I was appointed to the “Legislative” committee. Since thatappointment, I have been very active in getting a better understanding of legislative issues and specifically those that relateto student transportation. I have invited and met with five legislators individually at our business. My goals for the meetings were very simple. I wanted to:

• Show them a school bus with the latest safety technology: High back seats, crossing gate, GPS, sleepingchild check & video systems.

• Personally meet a student transportation provider, so when school bus issues arise, they have a source for information.

The results of the visits were better than I expected. The most important thing I learned was legislators are people just likeyou and me. They are approachable and want to do the right thing. However, sometimes they don’t know who to ask. Sincethose initial meetings, I have built personal relationships with all of our local legislators. It’s fun when they recognize you byname. Getting to know them is simple, all you have to do is give them money and it does not have to be much. Most leg-islators are not good at fund raising, so I strongly recommend you call them and invite them to visit your business. Give thema facility tour, show them a bus, ask them a few questions and give them a check for $50. It’s simple. All politicians needmoney to buy radio ads, lawn signs, and send out mailings. Furthermore, do it quickly, the legislative session begins on Jan-uary 24th. It is unlikely they will have time during the session. If you do not know who your legislators are, go to:www.leg.state.mn.us/leg/districtfinder.asp

I also serve chairman of the newly formed “Friends of MSBOA PAC” (Political Action Committee). This group was formed inJanuary 2010. Its mission is to influence and support the election or re-election of can-didates to Minnesota state government positions.

At the summer conference we generated donations of $8500.00. The PAC committeerecently approved Tom Keliher’s, our lobbyist, recommendation for the dispersal of$5,000. $200 was presented to 25 members of the Senate and House of Representa-tives Transportation and Education committees. We have contacted MSBOA membersin the communities where the legislators reside and asked members to hand deliver thechecks.

I am honored to serve you on the board. Feel free to contact me at 320-266-1312 withany questions relating to the MSBOA or the information outlined above. Remember toinvite you legislators to your business today!

7

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8

Winter Conference Winter Conference Agenda & Registration isAgenda & Registration is

inserted in this newsletter!inserted in this newsletter!Register Today!!!Register Today!!!

No, you are not paranoid. You are being watched! And probably videotaped.

According to the NY Times, 75% of the students in grades 7-12 have their own cell phone. Also included on that phone, ismost likely a camera and/or a video recording device. The most desired toy this season for children ages 6-12 is an iPodtouch. Yes, you read that right…age 6, as in first graders. What is included in an iPod touch? That’s right, a camera.

This past month, there have been multiple videos taken by students and shared with the State Patrol. One was a driver thatwas texting during a student stop. The parents turned the video over to law enforcement and will be going to court. Anoth-er parent video taped her children at a school bus stop and the driver clearly takes off while the students are still standing.While you might feel this is a good thing since these drivers were clearly breaking the law, you may also wonder about thelegality of being recorded without your permission.

While you as the bus contractor must post a notice that the students are being recorded because of mandates under statelaw and Federal Student Data Privacy laws, students have no such legal duty. You tube is full of videos of fights or other inci-dents that have occurred in or around the school bus. You may have success making it a district or transportation policy tonot allow students to record each other since the school bus is considered to be an extension of the classroom. If you havenot done so already, you may wish to find out what policy the school has in place and adopt it into the transportation policyas well. But mostly, it would appear awareness is needed. Cameras are part of our life and it appears that this new gener-ation is going to record their life and those around them.

I Always Feel Like Someone’s Watching Me….

Included in this newsletter are the updated school bus

inspection reports from the State Patrol. These are for use

in your day-to-day operations and not for the annual ride-

along reports in your driver qualification files. You may

chose to use these, or if you have Zonar or developed

something that you prefer to use you may use that. You

may wish to compare the updated inspection form to yours

to make sure everything is included. The State Patrol devel-

oped a monthly, weekly and daily inspection sheet for your

convenience.

Attention: New Forms Included!!

Private Contractor Employee Information Is Not Government DataRecently, the Minnesota School Bus Association learned a number of school districts received requests from a local reporterthat they produce copies of certain personnel information pertaining to the school bus transportation contractors’ driversand/or aids. Some of the information requested by the reporter included employee names, home addresses, and theemployees’ disciplinary history. In requesting the data, the reporter claimed that the Minnesota Data Practices Act requiresschool districts to produce information concerning the “personnel data” of independent contractors.

Under the Minnesota’s Government Data Practices Act, upon request, a person is permitted to inspect and copy governmentdata. Minn. Stat. 13.03 subd. 3. Government data (as used throughout Data Practices Act), however, means all data col-lected, created, received, maintained or disseminated by any government entity. Minn. Stat. 13.02 subd. 7. Thus, while thereporter correctly pointed to the Data Practices Act’s section requiring the release of personnel data related to independentcontractors of a government entity, it overlooked the fact that the “personnel data” must be within the government’s posses-sion. Because the names, home addresses, and disciplinary histories of contractor employees are generally not “collected,created, received, maintained or disseminated” by the school districts (as required by Min. Stat. 13.02 subd. 7), such infor-mation does meet the definition of “government data” and is not subject to a Data Practices request.

If MSBOA members face similar requests from the public in the future, absent a contractual obligation, they should general-ly take the position that because their school districts did not collect the names, home addresses, disciplinary history of thecontractor’s employees, any such data requested is not government data subject to a Data Practices request. Various pub-lic relations and business interests and concerns, however, may lead a contractor to consider voluntarily producing limitedinformation to the general public.

NLRB Approves “Ambush” Elections Rule

After the infamous Employee Free Choice Act (EFCA) stalled in Congress, union leadersfinally got their wish through the administrative agency process. On December 21, 2011,the National Labor Relations Board formally adopted new procedures to govern unionelections. In essence, these new rules will shorten the time period between the dayemployees first request an election to unionize and the day that election actually takesplace. Under these new rules, which take effect on April 30, 2012, union elections willtake place as quickly as 21 days from the date an election petition is filed.

As our firm has noted in the past, labor leaders have long requested shortened electionperiods because it limits the amount of time in which employers can make the caseagainst unionization. In the majority of cases, the more employees learn about whatunionization means, such as payment of union dues and fees, following union rules, andthe potential strikes, the less interested they become in unionization.

Not surprisingly, the same day the rules were issued, the U.S. Chamber of Commerceand the Coalition for a Democratic Workplace sued the NLRB to challenge its new“ambush election rule,” which will make it significantly more difficult for employers, espe-cially small employers, to respond to union campaigns. While this lawsuit is pending,employer should be prepared for any “ambush” election. In particular, to adequately pre-pare your workforce for unanticipated union organizing efforts, make sure all necessarypolicies are in place, that supervisors are properly trained, and that you are in a positionto swiftly respond to any indication of union organizing efforts.

Legal Notes 9

HOTLINE PHONE: (952) 921-4622

BY THOMAS REVNEW, ESQ., OF SEATON, PETERS & REVNEW

Best Values:

• Legal Hotline for MSBOA Members

• Employee Handbook & Employment Materials Package $875(Includes 2 hours of attorney time - hourly rates thereafter)

• Drug & Alcohol Testing Package $425

Ask for MSBOA Discount of$100 off above packages

Contact Tom Revnew

7300 Metro Blvd., Suite 500 • Minneapolis, MN 55439Tel 952.896.1700 • Fax 952.896.1704

www.seatonlaw.com

Captain Rogoztke – Crash statisticsand discussion of crack down on dis-tracted driving. Traffic related deathsdown in 2011. State Patrol is workingwith U of M to help track down thecauses. State Patrol is eager to domore outreach and work with industry.See the Youtube on trailer brakes.Would like to work with social mediamore. Tom Hey made a suggestion toaddress stop arm issues.

Doug Grisim – Discussion on regionalmeetings and giving opportunities tooffer meetings that can help answerquestions to those that have difficultygetting away from the office for anextended period. Looking for input,please contact Grisim. Ray Kroll sug-gested that personal calls may helpwith attendance. MAPT offered tobecome involved.

Shelly Jonas – Reviewed the high-lights of the upcoming School BusSafety Expo.

Tom Keliher – Talked about the “sur-plus” recorded by the Legislature.February forecast will be the one thatthe Legislators will be looking at for theclosing of the fiscal year in June 30.Reviewed MSBOA’s legislative agen-da which was primarily leftover fromthe prior year. Lt. Carroll to share hisbills with Keliher for review. Advised towatch for bullying legislation – Gover-nor and Attorney General each have atask force, probably will affect theschool bus.

Mike Schadauer – DOT – Informationre: Children on Public Transportation Schadauer stated that they are notlooking to get into school transporta-tion; they only want to tell their serviceproviders what the law is. They havedistributed a handout for their serviceoperators.

Tech Sergeants - Lt Carroll distributedtalking points regarding the mobiletelephone final rule.

Sgt Davis shared a student video of adriver texting during a student stop.

Davis found a driver that was can-celled in 2008. Employer’s MVRshows that it is valid. Cancellation is

listed on Davis’s information, but the Sendorsement did not get manuallyremoved. Davis stated that carriersneed to get the same information thatthe State Patrol can see. DVS DebCarlson stated that the DVS website isin real time, you can look if they arecertified, if their physical is valid.

Tournaments over the holidays will beseeing random inspections.

Davis shared video of an emotionallydisturbed person who boarded aschool bus in White Bear Lake askingwhere a student got dropped off. Dri-ver should have never let the personon board. Drivers need to be trainedthat they only talk to people throughtheir side window.

Davis shared a parents videotapingbus moving before the student wasseated. Inspection Report distributed.

Kroll discussed TTT. Meeting to followSchool Bus Safety Committee nextweek. Sherry Case will be working onthe agenda this year. Bullying guestspeaker: Cheryl Wolf. Trailer safety willbe covered. Dates: July 10-13, 2012.

Kelly Wosika – looking for a school buspolicy manual re: disciple. Issues withcharter schools not following throughwith disciple issues. Need Studentmanagement best practices model.Suggestion that due diligence must bedone before contracting with charterschools, ask who will be handling dis-cipline issues and what will be the con-sequences. All schools should havebasic level of safety in place. Lookingto put a committee together, thoseinterested should contact OPTS byFeb. 1.

Deb Carlson – pleased to announcethat Kris Ulbrich retired. Kathy Childswill be taking her place. Still in processof replacing examiners, four wereadded; four more need to be added.New camera vendor for licenses –eyes are closed get caught, picture willbe more close up for better facialrecognition. Dept working on rules forenhanced driver’s license with cross-ing borders. Triple check going well,however some issues with driver’slicense in other states. 19 days out for

issuing cards. Training ongoing forentering medical cards.

Brad Lundell – Urge everyone if theyhave a legislative need to contact Lun-dell, legislative session will be quick.Last week of January – Easter. Billsneed to get drafted and in. Cost allo-cation piece picking up steam, butdon’t know how far it will get.

Department of Ed – Kelly Wosika -Year end reporting winding down. Newwebsite up and running. Bus purchas-ing on the website as of today.

Meeting adjourned. Next meeting seton February 27th at 9 am.

10OFFICE OF PUPIL TRANSPORTATION SAFETY

Quarterly Stakeholders Meeting • December 12, 2011 • Mendota Heights

Bus Security DVD Sent to Nation’s School DistrictsParts taken from the “Pennsylvania School Bus Report”

The Transportation Security Administration (TSA) recently sent a school bus security training program to around 15,000 pub-lic school districts, urging administrators to use it for in-service training.

Steve Sprague, TSA’s licensing, infrastructure, passenger security and grants branchchief, told state pupil transportation directors during their recent conference that theagency is mailing a DVD containing “School Bus First Observer” and School Transporta-tion Security Awareness programs to superintendents “because they have to be clued in.”

Sprague noted at the National Association of State Directors of Pupil Transportation(NASDPTS) conference that state directors should reinforce the message of the DVDs.

TSA has credited the pupil transportation industry with being one of the First Observerprogram’s biggest supporters, having already presented the school bus module to thou-sands of drivers, dispatchers, and others in the system. TSA has additionally sent 4000DVDs to all motorcoach operators in the country.

“After the demise and disappearance of the the ATA’s (American Trucking Association’s)Highway Watch Program, many worried that First Observer would endure the same fatewhen the grant money ran out,” he said. “We’ve taken steps to see that doesn’t happen.That’s good news on every front.”

At the NASDPTS conference, Sprague noted the importance of security training for pupiltransportation professionals. “Some of the Bin Laden files demonstrated that [terrorists]have been open to choosing softer targets,” Sprague said. “There is nothing we’ve seenthat tells us school buses are being targeted, but they could be seen as an opportune tar-get. The key step is awareness.”

11

Joe Beaton ScholarshipApplications Due April 15, 2012!

The Joe Beaton MSBOA Scholarship was established in 2001 to honor Joe Beat-on, the MSBOA’s former attorney and lobbyist. Beaton was a passionate support-er of education, as well as the Humane Society and various other causes. Childrenor grandchildren of school bus drivers, mechanics, contractors or drivers them-selves may apply. Unlike other scholarships, this is not restricted to high schoolseniors. The Scholarship is open to anyone who is interested in furthering their edu-cation. The application is enclosed in the newsletter and is due on April 15, 2012.Applications should be mailed to 10606 Hemlock St. NW, Annandale MN 55302

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From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Legal Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

MSBOA PlannerSave these Dates!

Minnesota School Bus Safety CommitteeMeets 3rd Weds. of Every MonthLocations VaryContact: LeAnn Livingston 651-982-8193

Transportation Issues Study CommitteeMeets 4th Weds. of Every MonthContact: Keith Paulson 763-506-1132

Office of Pupil Transportation StakeholdersQuarterly Meetings Held, Dates VaryContact: Lt. Edward Carroll 651-405-6047

January 20-21, 2012MSBOA/MAPT Joint Winter ConferenceCrowne Plaza/River CenterSt. Paul, MN

June 10-12th, 2012 MSBOA Summer ConferenceChase on the LakeWalker, MN

Northern Region

Sergeant James SenenfelderNorthern Regional TrooperPhone (612) 360-5172E-mail: [email protected]

Metro Region

Sergeant Paul DavisMetro / Central Regional TrooperPhone (612) 685-4820E-mail: [email protected]

Southern Region

Sergeant Chad DauffenbachSouthern Regional TrooperPhone (507) 430-0791E-mail: [email protected]

MN State PatrolContacts

Listed to the right is contact infor-

mation for the state troopers in

charge of school bus transporta-

tion.

Use this contact information!

They are ready to help with any

questions or concerns you may

have!

In This Issue:

January 2012

Documents

Transcript of January 2012