MAY 2013

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Volume 43 Issue 5 • May 2013 FULL AGENDA INSIDE - SEE MSBOA.COM FOR REGISTRATION & RUTTGER’S RESERVATION FORMS Operator The Registered for Ruttgers? The 2013 MSBOA Summer Conference is right around the corner. This year we are very pleased to have a plethora of pertinent topics for school bus transportation companies. Barbara Colorso is the author of “The Bully, The Bullied and the Bystander”. She is a reknowned expert on bullying and has appeared in many media outlets and confer- ences over her 38 year career. Her latest book is considered to be a must read for anyone who has daily contact for children. She also works with schools on develop- ing policies and their implementation. Wade Johnson from Wells Fargo Insurance Services will be presenting “Health Care Reform - What to Expect and How to Prepare”. We have heard from many operators around the state who are very concerned how this will impact their operation as well as their frustration over the constantly changing regulations that surround the reform. Johnson will help our members become “bullet proof” so that they have a solid plans in place that will prepare them even if things do change as the reform rolls forward. Starting in May 2014, all DOT physicals will have to be done by a medical health provider who is Nationally Cerified. Dr. Perry Bachmann from MidWest Occupational Health will address our members concerning upcoming changes you will see as this cerification moves forward. We’ve been hearing about additional testing requirements like Sleep Studies, EKGs, etc. Dr. Bachmann will separate what requirements and guidance are coming directly from the Certification process and what may be a reach for your pocketbook. Chris Duffy is a public and social media relations expert who works for Goff Public. His presentation will help you learn to respond to public relation issues on whether something shows up on Youtube or FOX9. He will also talk about developing some basic branding techniques to help put your positive safety messages out to your communities. The State Patrol will do a hands on school bus inspection criteria presentation as well as cover updates to Minnesota legis- lation and crash scene tips. Tom Revnew’s “Hire to Fire: Top Ten Mistakes Employers Should Avoid” will be a do-not-miss presentation to save you from costly litigation or liability issues. We will be starting our conference with the ever popular golf tournament mixer. Get your reservations in to reserve your spot - there has been talk of some pretty great “hole in one” prizes.... After much anticipation and requests by members for another theme night...on Sunday night we will be having a 70’s theme night! Our “Groovy Night of FUNdraising” will offer an indoor/outdoor vendor social, a silent auction, wine raffle, fondue, and theme drinks. Get out your polyester, bell bottoms, disco shirts, and platform shoes for a fun filled night!!! We will wrap up the night with the popular and well known band “Boogie Wonderland”! You won’t want to miss a minute of this conference! Barbara Colorso

description

MSBOA MAY Issue

Transcript of MAY 2013

Volume 43 Issue 5 • May 2013

FULL AGENDA INSIDE - SEE MSBOA.COM FOR REGISTRATION & RUTTGER’S RESERVATION FORMS

OperatorThe

Registered for Ruttgers?The 2013 MSBOA Summer Conference is right around the corner. This year we are very pleased to have a plethora ofpertinent topics for school bus transportation companies.

Barbara Colorso is the author of “The Bully, The Bullied and the Bystander”. She is areknowned expert on bullying and has appeared in many media outlets and confer-ences over her 38 year career. Her latest book is considered to be a must read foranyone who has daily contact for children. She also works with schools on develop-ing policies and their implementation.

Wade Johnson from Wells Fargo Insurance Services will be presenting “Health CareReform - What to Expect and How to Prepare”. We have heard from many operatorsaround the state who are very concerned how this will impact their operation as wellas their frustration over the constantly changing regulations that surround the reform.Johnson will help our members become “bullet proof” so that they have a solid plansin place that will prepare them even if things do change as the reform rolls forward.

Starting in May 2014, all DOT physicals will have to be done by a medical healthprovider who is Nationally Cerified. Dr. Perry Bachmann from MidWest OccupationalHealth will address our members concerning upcoming changes you will see as thiscerification moves forward. We’ve been hearing about additional testing requirements like Sleep Studies, EKGs, etc. Dr.Bachmann will separate what requirements and guidance are coming directly from the Certification process and what maybe a reach for your pocketbook.

Chris Duffy is a public and social media relations expert who works for Goff Public. His presentation will help you learn torespond to public relation issues on whether something shows up on Youtube or FOX9. He will also talk about developingsome basic branding techniques to help put your positive safety messages out to your communities.

The State Patrol will do a hands on school bus inspection criteria presentation as well as cover updates to Minnesota legis-lation and crash scene tips.

Tom Revnew’s “Hire to Fire: Top Ten Mistakes Employers Should Avoid” will be a do-not-miss presentation to save you fromcostly litigation or liability issues.

We will be starting our conference with the ever popular golf tournament mixer. Get your reservations in to reserve your spot- there has been talk of some pretty great “hole in one” prizes....

After much anticipation and requests by members for another theme night...on Sunday night we will be having a 70’s themenight! Our “Groovy Night of FUNdraising” will offer an indoor/outdoor vendor social, a silent auction, wine raffle, fondue, andtheme drinks. Get out your polyester, bell bottoms, disco shirts, and platform shoes for a fun filled night!!! We will wrap upthe night with the popular and well known band “Boogie Wonderland”!

You won’t want to miss a minute of this conference!

Barbara Colorso

Well once again I am writing this near the end of April andwe are having another two hour late start around the LakeCrystal area because Winter just does not want to let go.Hopefully for everybody's state of mind, this will be the lasttime for this school year.

The Regional Outreach Meetings for this year was a hugesuccess. We had great attendance at all three locations and positive feedback fromall of the attendees. There were alot of great suggestions for training topics for nextyear's meetings and we look forward to putting that together.

At the beginning of April, I was able to sit in on a driver's training session that wastaught by Sgt. Chad Dauffenbach of the MN State Patrol. It was a great presentationand I commend Sgt. Dauffenbach and the State Patrol for making these training ses-sions available to our drivers across the state. If you have never asked them to cometo your company, I suggest that you do. You won't be disappointed! I think driversget more out of a training session when it comes from the Law Enforcers themselves.I am setting up a Fall meeting with Sgt. Dauffenbach and looking forward to it.

One thing I got to thinking about while I was listening during this training session waswhen was the last time that any of us contractors went out and sat on a road-sideand watched our drivers perform their duties. I am not talking about the annual evaluations, I'm talking about doing this as random observations. Are the driversproperly stopping at railroad crossings and bus stops? Are they making sweetheartstops? Are they going too fast? Are the students sitting down while the bus is inmotion? Remember, it is your name that is on the side of that big yellow moving bill-board that everybody sees and it is you that will field any complaints. We all trust ourdrivers, but there is no harm to continually check throughout the school year to makesure that things are done properly.

It's going to be a rush to the end of the school year to get all of the spring sportsmakeup games played. I hope everybody gets this accomplished safely.

Warmer weather is ahead, So Keep A Smile!

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BBOARDOARD OFOFDDIRECTORSIRECTORS

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX [email protected]

TOM BURR, ELK RIVER

763.230.6020/FAX [email protected]

ROBBIE ELLIOT, MOORHEAD

218.233.3404/FAX [email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/FAX [email protected]

DOUG GRISIM, LAKE CITY

651.345.4112/FAX [email protected]

TOM HEY, MARSHALL

507.532.4043 / FAX [email protected]

KEN INSELMANN, WILLMAR

320.235.2110/FAX [email protected]

SHELLY JONAS, ANNANDALE

320.274.8313 / FAX 274.8027

[email protected]

BRIAN KOCH, WACONIA

952.442.3370/FAX [email protected]

JIM KOONST, BELLE PLAINE

952.873.2362 / FAX [email protected]

GAYLEN LENZ, MADELIA

[email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / FAX [email protected]

CHARLES PETERSON, JR., ANDOVER

763.450.5385 / FAX [email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ FAX 334.2039

[email protected]

JIM SCHIFFLER, MINNEAPOLIS

320.266.1312 / FAX [email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / FAX [email protected]

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

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FAX: 320-274-8027.

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CO-EDITORS:

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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

GAYLEN LENZ

FIRST VICE PRESIDENT

RUDY LUNDAHL

SECOND VICE PRESIDENT

JOSH SCHIFFLER

TREASURER

TOM HEY

EX-OFFICIO

DOUG GRISIM

From the PresidentGaylen LenzMadelia Bus Service, Madelia, MN

The month of May signals the final three weeks of a StateLegislative Session. The 2013 Session will be rememberedfor the return of DFL control of the Governor’s Office, andboth chambers of the Legislature. 1990 was the last time.The fascination with one party control of the State’s budget-ing and revenue systems is that the three different branch-es of the DFL in control are promoting three different con-cepts for taxing and spending.

The Governor first proposals contained large tax increases,property tax rebates, paying back the school shift, all whilelowering the sales tax to 6% then spreading the sales tax toclothing and services between businesses. One by one, theGovernor slowed down and backed away from his supportfor various taxing and spending packages. The Housewants to tax alcohol, the House and Senate both want toraise tobacco taxes, but the Senate doubles the Housetobacco taxes. One body wants to pay back the SchoolShift, the other body and the Governor want to pay it backover time. Basically, there are three groups of DFLerswho’s only commonality is to raise some taxes.

Fortunately for MSBOA members, one of the most expen-sive and far reaching tax proposals may be in a wastelandnot to be heard from anytime soon. A Gross Receipts SalesTax on motor fuels of 5.5% was proposed and passed a fewcommittees in the Senate. The bill would have lowered theState Gas Tax (diesel also) then added a 5.5% wholesalertax that would have raised the price at the pump or deliv-ered 11 cents or more. The higher the price charged to thewholesaler the greater effect on the retail price, since thiswould have been a sales tax not a flat tax. For speculation’ssake, this bill seems dead on arrival in the House and theGovernor has said twice in two weeks that he no-longersupports a gas tax. But that could change.

Other transportation bills would provide options for countiesto have local sales taxes and wheel-age taxes dedicated totransportation and transit. These bills would provide thespending based on new revenue to fund transit initiativesand rural transportation projects. If there are no new taxesdedicated to transportation and transit, then advocatesclaim that approved projects will go un-funded. The wheel-age fee and a metro sales tax increase of .0025 on theexisting 6.875% sales tax, or higher depending on the metrocity, appears to have some life. These two options would begranted and could be in effect with a simple vote of the localboard.

Of interest to MSBOA members should be the debate onbullying and the need for new and better standards. TheMinnesota School Boards Association is promoting the con-cept that school districts formally adopt the association’smodel anti-bullying and reporting model. The proposal that

is slowly progressingthrough the Legislativeprocess would create anoffice at the Department ofEducation to promote anti-bullying policies with areporting and outcomes sys-tem. The cost of the office atthe Department of Education proposed funding is $1 million,but the local fiscal impact to school districts is $53 million forthe proposed stronger more explicit bullying law.

The general education formula is proposed to go up in theState House by $300 per pupil, with various degrees of stip-ulations and limits. In the State Senate the proposal is $52in additional funding per pupil. Both the House and Senateproposing to spend $150 a year on All Day K, estimates arethat 80-85% of school districts would provide all day kinder-garten at that per pupil funding.

Roughly, 21 days are left in the 2013 State Legislative Ses-sion. Taxes and spending proposals will continue to shuffleback and forth, until a middle ground or un-happy mediumexists, in order to cause conclusion. Since the State Senateis not up for re-election for 3 more years, and the StateHouse and Governor are up for re-election in 18 months,the concessions and or deals might be made only with theconsent of the Senate.

I urge you to get in contact with your legislators. Let themknow what issues you face as well as where youp stand onthe current proposals. The MN State Legislature websitemade some changes in the past year and there are a vari-ety of tools to help you connect with your representatives.

The district finder will help you find out who represents you.

http://www.leg.state.mn.us/leg/districtfinder.aspx

And the FAQ section has suggestions on writing a email orletter.

http://www.leg.state.mn.us/leg/faq/faqtoc.aspx?id=47

Many legislators are home on Fridays during session anddedicate this time to meeting with constituents. Call them upand ask them to come over for a cup of coffee.

If you do have a legislator working on a school bus bill foryou, give me a heads up or call Shelly Jonas, the MSBOALegislative Chair, so we can all be working on the samepage.

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

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

IC Bus Announces 2012 Pursuit of Excellence, NorthAmerican Dealer of the Year WinnersIC Press Release

IC Bus announced the winners of the brand’s annual Pursuit of Excellence dealership award. Four IC Bus dealerships in theUnited States and Canada were recognized for their efforts to improve sales and customer satisfaction.

This year’s US winners were Hoglund Bus and Truck in Monticello, MN and Leonard Bus Sales in Deposit NY. In Canada,Leeds Transit Inc in Elgin, Ontario and Maxim Truck & Trailer in Winnipeg, Manitoba were recognized.

Among the four Pursuit of Excellence winners, Hoglund Bus and Truck was also named the 2012 IC Bus North AmericanDealer of the Year. This is the first time that Hoglund Bus and Truck has recieved this prestigious award honoring the top per-forming IC Bus dealership for the year.

“These awards are given to those dealers that have demonstrated an ability to grow our customer relationships this pastyear,” said John Kinney president, IC Bus.”In addition to providing unmatched customer support, these dealers have dis-played a commitment to ensuring the success of their customers and their local communities.”

In the IC Route Magazine, Holly Hoglund Klein credits her father for helping her develop a commitment to the customer. “Ourcustomers know we will do whatever it takes. But we can’t take that reputation for granted. When you are striving to be thebest, you need to know that things can quickly go the other way,” Klein stated.

It is important for the school bus driver and the school staff to work together to safely load and unload wheelchair passengers. The school staff gener-ally is more familiar with the student and the wheelchair so it is important that they can provide some guidance and help. ISD 287 has recently devel-oped an operating plan to offer guidance on what role the driver and staff each have in order to safely transport wheelchair students. ISD 287 recom-mends that only the driver should operate the lift and secure the tie downs. No one should ever ride the lift with the wheelchair student. The following is an example of their policy for loading the bus:

287 Staff will wheel students out to the bus. (The student may operate their chair if capable of doing so) andwill secure the student’s personal safeguards on the wheelchair before rolling on lift; safety vest or seat belt.

287 Staff will remove all bags or backpacks off of the back of the wheelchair before the student boards thelift. If the student is not capable of safely driving their electric chair on and off of the lift, 287 staff will takethe chair out of gear before handing the student off to the driver.

The driver will wheel the student on the lift, power off chair or put the brakes on the chair, operate lift andwill keep hand on wheelchair while going up. Remember always to apply the brakes!

Once the student is on the lift the 287 staff must immediately board the bus and wait for the student at thetop of the lift. The driver will wait to raise the lift until the 287 staff is at the top of the lift.

Driver raises the lift, 287 staff are waiting at the top of the lift and will grab and hold the handles of the wheel-chair securely. The 287 staff will take off brakes, back the student onto the bus, wheel the student into placenext to the Tie-Downs and apply brakes of the wheelchair, (put chair back into gear if electric). (287 Staffmay ask driver for assistance, if needed.) Driver will fold up lift, close door and board the bus.

Driver will check to see if brakes are applied, strap Tie-Downs to the wheelchair, double check that the Tie-Downs are tight and secure by trying to move the chair, wheels should not move. Driver will put the seat-belt across the lap and shoulder of the student and secure.

This has been provided only as a guide as how one district divides the responsiblities. Make sure your dis-trict has a plan in place for the expectations of who does what for both loading and unloading passengers.

4

Wheelchair Tie Down Responsibilities Who should do what?

5

How to Get the Most out of Conferences

Nominations Due!Shelly Jonas

Every year, one of the most memorable moments of the Summer Conference are the Transportation Specialist Awards. Lastyear, our company nominated one of our mechanics. This mechanic has been with our company for many years and hasrisen from the ranks to become a very dedicated, hardworking, safety -conscious employee - someone we really rely on tospot issues in the shop and on the road.

He brought his two young daughters and wife to the ceremony and I will never forget how those little girls looked at their dadthat night. They were all dressed up to honor their dad! It was a big deal. They were beaming with pride and admiration fortheir dad. It was such a great moment to witness. Maybe this makes up in a small way for when their dad gets up at 4 a.m.when it snows.

It seems that the school bus profession attracts a lot of humble, hard working people. They don’t usually attract attention orwant a lot of recognition. I’m sure it meant a lot to our employee, but as per his usual, he didn’t say too much. But his daugh-ters said it all for him that night. And what a fantastic lesson for his girls as well. Hard work, dedication, attention to detail areall important qualities in a person - they deserve to be rewarded. Quite frankly, in our society, they often are overlooked. Lookat the Kardashians, the Housewives franchise or the Teen Moms - why are these people in the news or on TV? (Seriously- I’m asking! WHY??) I urge you to pick out one person in your operation and nominate them. It is very rewarding to give

others the recognition they deserve. Try it! Applications are included in the newsletter.

1. Conversations are often just as valuable than the

sessions - The surprise is that the most interesting,

informative moments are often during the informal

interactions with other attendees. This means that

you need to invest time in connecting with other

people.

2. When listening to a speaker, think “how can I

apply this to my operation?” If you are hearing

information that you feel you’ve heard before ask

yourself if you have any new hires that perhaps

don’t know or evaluate how well you may be doing

this.

3. Visit the vendors - You may think that you know

all about their products, but don’t make that

assumption. These people are a wealth of knowl-

edge. They often have ideas on a variety of issues

you face. Make sure to give them your time, atten-

tion and feedback. Maybe even thank them for

being there.

4. Implement - Too often you come back from a

conference with a bunch of ideas in your bag or

folder. Too often you are tired or anxious to catch

up and set it in a corner or drawer. Too often it

stays there. Clear some time in your schedule to

review those ideas and or write a up a report when

you return to the office. Train others when you get

back to the office about what you learned.

5. Relax and have a good time. As much as we like to

think we are critical to our companies, they can live a few

days without us. Often you will find your true leaders will

rise to the occasion. Once we are relaxed, we are open to

new ideas and approaches for once you get back to the

office.

Learn from the Mistakes of Others

6

MSBOA is on FacebookThe MSBOA is now on Facebook. It’s our intention to use the Facebook page to post relevant school bus new sto-ries, share training information, useful links, etc. You should also be able to have conversations with other schoolbus professionals or ask questions. Hopefully it will be a great tool for our association. But it will only work ifyou join us!

If you are already a member of Facebook, you can find the MSBOA by searching for the Minnesota School BusOperators Association on the Facebook website. Click “Like” and that’s all you need to do.

If you are not a member of Facebook, you’ll need to join to use this feature. You can also go to www.msboa.comand click on the Facebook Icon.

A recent scan of school bus news headlines shows the variety of issues thattransportation departments can and do potentially face:

A four year old left on the bus.

A Massachusetts bus driver is arrested for driving drunk.

A fight on a school bus and the driver is recorded telling students to clear theway and let them fight.

A cell phone video of a 13 year old girl getting attacked on the bus appears onYoutube.

A 15 year old girl complains to the press that her pants were pulled down on thebus and while onlookers recorded it on their phones.

Were these deviations from policy? In the first three cases it appears to be asafe assumption that someone deviated policy. Deviation of a policy can be thetipping point in a litigation case. Policies are developed to protect all partiesinvolved. Make sure your employees realize that.

Were there training issues involved? Do your drivers know what to do if a fightbreaks out on the bus? Attorneys often say that inaction is almost always moredangerous than action. Make sure that your drivers and dispatchers realize thisas well. They must follow through and report issues especially of bullying and/orabuse, even if they feel like nothing is going to be done about the issue. Bully-ing is a hot topic in schools right now. Parents will not tolerate inaction on thisissue. All students deserve a safe, caring and respectful environment.

Perhaps at a monthly safety meeting you can do some scenerio based trainingfor your employees on how they might handle some of the situations we see far

too often in the headlines.

Happy spring to all!

I hope everyone has survived the winter and is enjoying the warmer temperatures that spring has broughtus. With that being said, it’s time to start planning for the upcoming school year and business plans overthe summer months. I know everyone is looking forward to the summer break, but that additional timeduring the slow months is an excellent opportunity to look at what needs your organization may havecoming into the next school year.

I would encourage each operation to get together with their staff before the school year is out to discussdifferent concerns each person or department may have. This is a great opportunity to find areas in needof attention in your operation, as well as opportunities for feedback from your staff on corrective mea-sures or changes in operational planning. This is also an ideal time to meet with your drivers to see whattheir plans are for the upcoming school year; are they planning on returning or are you going to have anopen seat to fill in the fall?

Training should also be a subject covered when planning for the summer months. Does your operationhave drivers that might need additional work behind the wheel or in the classroom? Do you have anyoffice staff members that need additional training in an area, or are theremembers who should have additional duties added to their work respon-sibilities? Do you have a maintenance staff? Are they up to date on what’scurrent in the industry?

I hope this letter won’t cause concern or feelings of being overwhelmed.I just wanted to draw attention to a few useful ways to utilize the summermonths to help your operation stay safe and compliant and help care forthe students of your district.

As members of the MSBOA, take advan-tage of all the benefits our organizationhas to offer you as a School Bus Operator.Come join us for our summer conferenceto see all the information and resourcesMSBOA has to offer. You will receive legaland legislative updates, as well as pre-sentations on “hot topics in our industry,”updates from DPS and State Patrol andopportunities to network with your fellowcontractors from across the state.

7

A CONTINUING SERIES OF BOARD COMMENTARIESNews and Views

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Summer is Coming! (No Really - it is!)How will you utilize the summer months? By Robbie Elliot, Richard’s Transportation, Moorhead

8

Distracted Driving Awareness

Lt. Brian Reu

The National Safety Council has designated April as “Distracted Driving Awareness Month.” As professional driversI’m sure I don’t have to tell you the dangers and risks associated with distracted driving. You see it occurring on adaily basis while driving your routes. Whether it is someone talking or texting on their cell phone, eating a meatballsub, applying their makeup or reading a book, drivers are being distracted at an alarming rate.

Over the last year we have had two specific incidences involving school buses that even make us in law enforce-ment shake our heads!

In the first incident, a suspicious activity call was received from a school bus driver reporting a car following the busduring the morning route. Additionally the students on the school bus reported the driver of the car was taking pic-tures of the bus. Upon investigation it was revealed the driver of the car was actually taking a picture of himself ashe drove to send to an on-line acquaintance!

The second incident involved the driver of a rental car running off the road, down the embankment, through a free-way fence before slamming into a school bus stopped at a red light. When the officers arrived at the crash scenethey discovered the driver had been pre-occupied with other activities while driving; his pants were not properlyworn. The officers located the drivers’ cellphone in the car and discovered recent calls to a pay service had beenmade just prior to the crash.

Unfortunately distracted driving is not just isolated to passenger vehicles; it affects school bus drivers as well. Within the past month two school bus drivers have hit pedestrians as they crossed the street in crosswalks. Theschool bus drivers in both incidents were cited for violations contributing to the crash.

A third school bus crash involved a driver who rolled through a posted stop sign of a major suburban intersection,failed to observe the cross traffic approaching and pulled directly into the path of the oncoming car. After beingstruck, the school bus was spun 180 degrees and , rolled over. The school bus driver put his hand through the dri-ver window where it became pinned under the side-view mirror. The special needs student on board the busreceived minor injuries in the crash. Again, the school bus driver was cited for his inattention to driving that result-ed in this crash.

The Office of Pupil Transportation Safety continues to receive complaints of school bus drivers using cellphoneswhile driving. In many cases these cellphone violations are being documented by the students on the school buswho use their cellphones to snap pictures of the driver’s violation.

Please remember that it is illegal for a school bus driver to use a cellphone for any personal reason while operatinga school bus. If you must make a business-related call we recommend that you stop the bus in a safe location, setthe brake, keep the call brief, hang up the phone and then safely reenter traffic. By following these procedures youwill reduce the appearance of improper cellphone use.

While we’re on the topic of distractions, we also need to address the issue of students being left unattended onschool buses. There have been too many occasions where children have been left on school buses because theschool bus driver or bus aid fail to properly check the bus interior. During our investigation of these incidences wecontinually hear excuses like, “I was busy thinking about…,” or “I was running late,” and so on. Please, slow down,take your time and concentrate on clearing the bus interior.

As a school bus driver, it is imperative you remain as distraction-free as possible by focusing your attention on thetask at hand - driving. Remember, like it or not, you are a role model to the children you transport!

Stay safe and stay focused!

Employers are well aware that when an internal investigation is taking place, confidentiality is important to ensure theintegrity of the investigation and to protect employees. Nevertheless, the National Labor Relations Board (NLRB)Office of General Counsel seeks to undermine this well-established business need by interpreting the National LaborRelations Act (NLRA) broadly and irrationally. In Verso Paper, NLRB Div. of Advice, No. 30-CA-83950, the NLRBreviewed whether an employer may require employees to maintain confidentiality during internal investigations intoemployee misconduct. At issue was the following provision in the employee Code of Conduct maintained by Verso,a paper company:

Verso has a compelling interest in protecting the integrity of its investigations. In every investigation, Verso has astrong desire to protect witnesses from harassment, intimidation and retaliation, to keep evidence from beingdestroyed, to ensure that testimony is not fabricated, and to prevent a cover-up. To assist Verso in achieving theseobjectives, we must maintain the investigation and our role in it in strict confidence. If we do not maintain such con-fidentiality, we may be subject to disciplinary action up to and including immediate termination.

Although the NLRB found the first two sentences lawful, it determined the remainder violated the NLRA because itreasonably chilled employees in the exercise of their Section 7 rights to discuss the terms and conditions of theiremployment. The NLRB concluded that prohibition of employees’ discussions of an investigation is only appropri-ate if the employer has a legitimate and substantial business justification outweighing the employee’s Section 7rights. According to the NLRB, because a blanket rule prohibiting employee discus-sions of investigations does not consider whether an employer has a particularizedneed for confidentiality in any given situation, such policies are invalid. According-ly, an employer must show it has a legitimate, substantial business justification forconfidentiality in each particular situation in order to avoid interfering with employ-ees’ Section 7 rights.

The NLRB also provided a suggested modification to the policy that would make itlawful under the NLRA:

Verso may decide in some circumstances that in order to achieve these objectives,we must maintain the investigation and our role in it in strict confidence. If Versoreasonably imposes such a requirement and we do not maintain such confidentiali-ty, we may be subject to disciplinary action up to and including immediate termina-tion.

In light of the NLRB’s advice memorandum, employers should be aware that theNLRB is aggressively attacking employer policies and procedures as being unlaw-ful. Given this trend, employers should consult with legal counsel and/or carefullyreview their employment policies and procedures to ensure compliance with theNLRA, including those relating to internal investigations.

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

NLRB Prohibits Employers From Implementing Blanket Rules Which RequireConfidentiality During Investigations

Summer Conference - We Need Your Help!The MSBOA is taking donations for the Silent Auction for the “Groovy Night of FUNdraising” during ourconference. Please bring all silent auction items to the conference if you are attending, we will needthem for set up early on Sunday June 9, 2013.

We will be having a wine raffle this year. The MSBOA is asking for donations of bottles of wine. Peo-ple wishing to donate wine, please put a business card with the wine - it is fun and interesting to seewhat kinds of wine, where the wine comes from, and who sent it. We will offer chances to purchasewine raffle tickets before and at the conference and the winners drawn will either go home with the wineor it will be delivered to you!

The MSBOA relies on your generous donations for these events to be successful. Please consider adonation this year to these worthwile funds - the money we raise comes back to benefit our membersdirectly!

The Joint MN State Patrol and MSBOA Safety and Compliance Outreachmeetings are completed. Over 300 school bus transportation personnelhave taken part in the Outreach, many for the first time. The Outreach isa back to basic seminar and is conducted once a year in March and earlyApril. We are hopeful that we will continue to see many of these newfaces at future events!

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MSBOA Coloring BooksPlease order your MSBOA Coloring Books for your spring or back toschool events this summer for the 2013-2014 school year today!

You may order the books by going to www.msboa.com and going to the

shopping cart. Books are in stock and available for immediate shipment!

Safety & Compliance Outreach Draws Record Numbers

11

A Nationwide Distributor of School Bus Parts

and Safety Equipment

CALL TODAYTO ORDER!

Toll Free: 800-937-3906Financing available throughFinancing available through

The Transportation Specialist Award we believe is something that every one of us associated withM.S.B.O.A should not only be aware of but something that we should all want our drivers to be arecipient of. We personally have submitted nominations in the past years with hopes that our drivermay be selected. We all know that we have dedicated employees and also know that they aredeserving of this.

Having had several of our drivers receive this we know that it can be a very humbling experience forthe driver. Once they arrive at our summer convention and are seated to hear all the great thingstheir families and co-workers have to say about them it is truly a time in their career which no doubtwill be a highlight!

It seems that spring is a busy time for all of us and adding extra tasks can sometimes make thingsmore hectic. In years past when the nomination information comes we put it aside and think if wehave time we will consider it. As the days slip away we then forget about this prestigious award andhow it could make a difference in the driver’s life. This also says a lot to their families acknowledgingthe many sacrifices they make!

It’s that time of year when we all have the opportunity to submit a nomination…we all have that oneperson in our mind who is deserving….we encourage you to consider taking the time to submit avery deserving person this year for this award.

Doug & Cara Grisim

MSBOA LEGALHOTLINE

(952) 921‐4622

Seaton, Peters & Revnew

Nominate a Transportation Specialist Today!

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Distracted Driving Awareness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

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

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

Legislative Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

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. Brian Reu 651-405-6047

June 9-11, 2013MSBOA Summer ConferenceRuttger’s Sugar Lake LodgeCohasset, 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: