Msboa january2015

Volume 45 Issue 1 • January 2015

MN School Bus Safety Expo Agenda, CDL Changes for 2015 and more!

OperatorThe

MN School Bus Safety Expo

January 16-17, 2015By Shari Danzeisen

It’s not too late to register for the 2015 MN School Bus Safety Expo! The 2 day conference will be held in St. Paul again atthe Crowne Plaza with the trade show held at the River Centre. Make sure to register TODAY!!!!!

One important change to take note of this year will be the trade show moving from Friday afternoon to mid-morning, Satur-day, January 17th. This will allow for our mechanic attendees to also attend the show, and the members who are unable toattend on Fridays to partake as well. This is the largest and most comprehensive trade show in Minnesota!

We have some exceptional and timely topics planned for the Expo. We will start our conference on Friday morning with theMSBOA and MAPT Board Meetings separately from 8:00-10AM. The general session will begin at 10AM with the Minneso-ta Department of Education doing a presentation on Special Education Transportation and Annual Reporting.

After lunch, our next session will focus on the new Safe and Supportive Schools Law. This law will impact bus operationsbecause transportation has the same responsibilities as schools when it comes to preventing and reporting bullying.

Next to discuss will be the legalities and best practices regarding cameras and video viewing. Who is allowed to view videofootage from the bus and when? We hope to shed some light on this ever growing issue on buses.

From 3-4PM, the MSBOA and MAPT will again separate to hold their general business meetings; MSBOA plans to have aspecial guest speaker on The Affordable Health Care Act.

Friday evening, we will be having the vendor sponsored social in the “Windows on the River” rotating rooftop lounge. Planfor an evening of food, fun, socializing and entertainment.

On Saturday morning, the mechanics seminar will begin. Each bus body vendor (Hoglund Bus & Truck, North Central, andTelin Transportation Group) will each sponsor 2 sessions from 8-9 and 9-10AM. Check out the supplement inside!

The general session for attendees will also begin Saturday morning with a presentation entitled “Retaining Quality Employ-ees” from 8-10AM. One of the biggest issues the school bus industry is facing is finding qualified, quality drivers and keep-ing those employees!

The trade show will start at 10:30AM at the River Centre. We will be serving lunch at the trade show. At 1:30PM the State

Patrol and Department of Public Safety will wrap up the conference with important updates to the school bus industry.

Register online at www.msboa.com

Another new year now under way. It seems like not so long

ago we were all worrying about the big Millenium scare

where all our computers were going to go bad and plunge us

into chaos. Of course this was also back when cell phones

were a little bit different also....no one really had e-mail or

facebook or twitter or much of anything else on their phones.....some of the progres-

sive ones could take pictures.....that was pretty cool!

Time goes by quicker and quicker and it seems we all struggle to get and keep our

business and industry going forward and in the right direction. Not an easy task when

we take into account all the extra rules and regulations we are bound to observe. Man-

power to get the job done seems to be a real premium goal of not only our industry but

many others in the transportation world. Lets all hope this issue gets better in the new

year.

I hope you have all gotten your reservations in for the Minnesota School Bus Safety

Expo on Jan. 16 & 17, 2015 in St. Paul MN. The agenda is packed full of many perti-

nant presentations including a great vendor show and many other timely meetings for

both management, mechanics and employees also. Get signed up and we will see you

all there.

I truly hope the new year brings you all safe miles and good health for you and all your

families and employees. Our organization is a strong and healthy group and we all

deserve the best as we work our way into another year.

Stay Safe and Be kind!

Sincerely,

Rudy Lundahl, President of MSBOA

2

BBOardOard OFOFddirecTOrsirecTOrs

RAYME BERNICk, DELANO

7763.972.3991/CELL [email protected]

ROBBIE ELLIOT, MOORHEAD


CONNIE GRISIM, STEWARTVILLE


DOUG GRISIM, LAkE CITY


TOM HEY, MARSHALL

507.532.4043 /CELL [email protected]

kEN INSELMANN, WILLMAR


SHELLY JONAS, ANNANDALE

320.274.8313 / CELL 612.599.0431

[email protected]

BRIAN kOCH, WACONIA


JIM kOONST, BELLE PLAINE

952.873.2362 / CELL [email protected]

STEVE LATOUR, ST. PAUL


RUDY LUNDAHL, DULUTH


MICHAEL PUTzkE, PAYNESVILLE

320.243.4455 / FAX [email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ CELL 651.470.7948

[email protected]

JOSH SCHIFFLER, CROSBY


BETHANY SCHUBERT, SAINT STEPHEN


PAUL WINTERFELDT, PERHAM

218.346.4599 / CELL 218-298-1825 [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

320-274-8313.

E-Mail [email protected] or

FAX: 320-274-8027.

Website: www.msboa.com

SUBSCRIPTIONS ARE FREE

WITH MEMBERSHIP. AdditionAl

subscriptions Are $24.00 A

yeAr. COPYRIGHT 2015

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

RuDY LuNDAHL

FIRST VICE PRESIDENT

JOSH SCHIFFLER

SECOND VICE PRESIDENT

BRIAN kOCH

TREASURER

TOM HEY

From the PresidentRudy LundahlVoyageur Bus Company, Duluth, MN

commercial driver License

changes for 2015By Deb Carlson, Driver Exam Program Manager, Driver and Vehicle Services

The process to obtain a commercial driver’s license is regulated by the Federal Motor Carrier Safety Administration(FMCSA). The final rule for the Commercial Driver License and Testing and Commercial Learner’s Permit Standardsrequires all states to be in compliance with implementing the new changes by July 8, 2015. Here are some of the changesthat Driver and Vehicle Services (DVS) will be implementing in July:

• Collecting the self-certification form with a valid medical examiner certificate (DOT physical) from a certified medical exam-iner when making application for a commercial learner’s permit (CLP). The recommendation is to have your new driver can-didate pass the knowledge tests and provide you proof of passing the knowledge tests before sending the driver for theirphysical. When the new driver candidate has their medical examiner certificate, then they can complete the application forthe CLP.

• Issue a tamperproof document that clearly identifies it as commercial learner’s permit (CLP). When the DVS driver licensecard contract is finalized, DVS will begin charging $10.50 for a plastic CLP card. Endorsement fees will continue to be $2.50.The CLP will not have a photo on it and when application is completed, the driver should receive the card in the mail within7 to 10 days.

• When a CLP is issued, it can only list passenger, school bus and tanker endorsements on the CLP card. The CLP cardwill also have restrictions P and X. The P restriction will state that there cannot be any passengers in the CMV bus. It doesallow the trainer and other trainees. The X restriction applies to no cargo in a CMV tank vehicle.

• A CLP must be held for 14 days before a CDL road test can be taken. This will apply to all commercial driver license roadtests, including drivers who already have a CDL and are testing to either add endorsements or remove restrictions.

• View proof of citizenship at the time of the CLP application for new drivers and at the next renewal application for currentCDL holders.

• New restrictions must be added to the CDL depending upon the vehicle used for theroad test. This only applies to tests given going forward when these changes are imple-mented in Minnesota. The new restrictions that will directly impact on the school busindustry include:

• the automatic transmission restriction (E)

• the restriction “not valid for class A passenger bus” (M) when a driver with a class A CDL tests in a single unit bus to add passenger and school bus endorsement

• the restriction “not valid for buses over 26,001 GVWR” (N) when a driver with a class A or B CDL tests in a class C size bus to add the passenger and school bus endorsements.

When DVS is prepared to implement these changes, information will be shared in a pressrelease and through school bus safety meetings and outreach efforts.

3

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driver’s Child Check

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Includes 9 different Posters (one for

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5

Need legal Help? It’s Just a

Phone Call Away!As a valued member of Minnesota School Bus Oper-ator's Association, you are entitled to using ThomasRevnew of Seaton, Peters & Revnew Legal Hotlinefree of charge. During each six month period, youwill be entitled to two free fifteen-minute telephonecalls to the Hotline. MSBOA encourages you to usethis free service. When using the hotline, please fol-

low the following procedure:

1. Call Tom Revnew's direct dial, which is (952) 921-4622.

2. Identify yourself, your company name and that you are a client of MSBOA.

3. If Tom Revnew is not available, please leave a voicemail with the information described above and Tom will return the call as soon as possible.

4. If Tom Revnew is not available and your call is an emergency, please dial "0" when you receive Tom's voicemail and you will be transferred to the receptionist.

Why Attend the

Minnesota School Bus Safety Expo?1. The Education is always refreshing and relevant. You can always take away something that is useful for your business.

2. Re-energize! Often we get bogged down with the details of daily life…pressure to fix that special needs route, deal witha driver issue, communicate with the school about a student management issue, etc. Stepping away for a day or two canhelp you focus on the big picture again. You can feel motivated again and appreciate the daily challenges – because youlove it! Right?

3. Getting together with and making new friends! It’s great to find commonality with people who understand just what youdo all summer long…or in between the hours of 10 – 2 every day…because answering that question never gets old!!

4. You never know who you will meet that could change things for YOuR Business. Maybe you meet a vendor or col-league that has a solution to a problem that you need solving. Maybe you are the person that helps someone else. Youwon’t know unless you try!

And lastly I will leave you with a quote on associations from President Theodore Roosevelt who was a great advo-cate of associations:

“every man owes a part of his time and money to the business or industry in which he isengaged. no man has a moral right to withhold his support from an organization that is strivingto improve conditions within that sphere.”

register online at www.msboa.com

Headhunting in the era

of social Media By Shelly Jonas

Headhunting is the art of using professional relationship and salesmanship skills to personally recruit top talent. It’s a form ofmarketing based on the premise that the best person for the job will not apply for the job; not until s/he is sold on applying forthat job. So, headhunting is creating the demand for a particular job opportunity. Typically, headhunting is thought of for highpaying mission critical jobs. However, we have heard of many people who have been successfully using it for school bus dri-vers as well – a critical position for sure but high paying - not so much.

If you are on Facebook, Twitter or LinkedIn, you probably have access to at least a few hundred people who often share theintimate details of their life. You know what they do for a living and how satisfied they are. Those people also have access tohundreds of people. You may have seen the school teacher who put a message on Facebook as a lesson to her students athow quickly messages travel to teach the dangers of oversharing on the internet. Within two hours of her post, she had thou-sands of likes.

Recently, we had an opening in our company that I posted on Facebook. I was amazed at the number of people who con-tacted me immediately who confided that they were not happy at their current jobs. They wanted something more local. Theywanted something with more responsibility. They wanted something with better hours. We filled the job very quickly. Theapplicant was an old college roommate who was tired of working late nights, weekends andholidays. Obviously that is a plus in our business! How often do we use that benefit tomarket our open jobs? Our next job opening came up fairly quickly, so we again triedFacebook. We noticed a number of people who shared the opening with their friends. Wefound a self-employed person who said she definitely had some down time in her sched-ule and she often thought of driving, but she just never followed through.

Today, everyone can access the Internet from anywhere using their mobile phones. If youlook around, what you will see are people everywhere, staring directly into their smart-phones. They are texting, reading emails, viewing photos and videos. It is the new norm tostay connected with our network of friends and families through multiple social channels.Don’t overlook this as an option to talk about your business. Maybe you will be plantingthe seed that school bus driving is a great option! And you never know who will share thatseed with the right person.

Recently at the Board Retreat, one of the board members said that he often went throughhis church directory. He found people that he felt would be a good fit and then talked theminto the job. This is probably old school, but the concept is the same. Headhunting thebest talent for a critical job.

6

Save Big on New GM Vehicles through

MSBoA Benefit with GM Fleet & Commercial!!!!There is a new form for 2015! • See www.msboa.com for more information!

The MSBOA is offering a new benefit through GM Fleet & Commercial. Many of the vehicles you buy

including pick-ups, vans, and SUV’s are available at a discount for MSBOA Members. Go to www.

msboa.com for all of the information. Included is a list of all the vehicles eligible for the discount and how

much the discount is. There is also a form online on our website for you to print out and bring to your deal-

er that gives your dealer the proper fleet pricing code for our organization.

If you are planning to purchase new vehicles soon - be sure check it out and take advantage of these sav-

ings!

Bus Fires January 5, 2015 – Abington, INJanuary 2, 2015 – Green Bay WIDecember 18, 2014 – Zimmerman MNDecember 11, 2014 – Rockford ILDecember 9, 2014 – Parsippany New JerseyDecember 3, 2014 – Haines City FloridaDecember 3, 2014 – Fort Worth, TexasDecember 2, 2014 – Chicago ILOctober 7, 2014 - Florence, SCSeptember 26, 2014 – San Antonio, TXMay 20, 2014 – Maplewood MNMay 3, 2014 – Port Gibson, MississippiMarch 6, 2014 – Maple Grove MN

If it seems that the news has been inundated with reports on bus fires in the last month, it is because it has! School bus firesare being reported with frightening regularity. A quick google search found 8 fires nationwide in the past month. A burnt outschool bus shell makes for dramatic images. It seems that most of the time the driver is heralded as a hero and the newsmedia moves on.

According to a 2006 study conducted by the National Fire Protection Association during a five-year period of 1999-2003, u.S.fire departments responded to an estimated average of 2,210 bus or school bus fires per year. These fires caused an esti-mated annual average of three civilian deaths, 30 civilian injuries, and $24.2 million in direct property damage per year. Onaverage, six bus or school bus fires were reported every day during that time period. Continued on Page 11.

Looking for new training ideas for your currentdrivers? Looking to update some of your oldtraining materials for new drivers?

Look NO FuR-THER!!! In 2008,

MSBOA partnered with MAPT to create“Inspecting Your School Bus” DVD in HD.

Copies are available for immediate ship-ment. Please go to www.msboa.com forordering information.

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an Ode to the Fake id: identity Theft,

data Breach and cyber Liability By Andy Bertram, CO Brown Insurance

I’ve lived in either Wisconsin or Minnesota my entire life. However, during different periods in college I actually grew up inOregon and South Dakota as well. I couldn’t tell you the names of the towns in either state that I purportedly lived in now,but I sure knew them back then. I also knew the liquor stores and bars that weren’t real careful when they checked IDs (withthe exception of one fateful day when I had to give up my Oregon residency and take up South Dakota).

It seemed in college there was always a guy who could hook you up with a bad fake ID for the right price. No one was everhurt while we were out having a good time, and they served their purpose for a few years. Was it illegal? Absolutely, and itwas also very dumb for a guy majoring in Criminal Justice with full intentions of becoming a peace officer. I’m not going totalk right now about the importance of training your bouncers, checking IDs or liquor liability. What I am going to scratch thesurface on is the up and coming threat of data breach, identity theft and cyber liability.

While our guy in college may not have been very sophisticated, today’s identity thieves are and have gotten very good at whatthey do. It seems just about every week we hear about a large data breach – Target before Christmas and Ebay more recent-ly. What we don’t often hear about is some of the attacks on small or medium sized businesses. 78% of small and mediumsized businesses experienced a data breach in the past two years. Every year, cybercriminals steal $1 billion from these busi-nesses in the u.S. and Europe. And of those that suffer a major data loss, 72% shut down within 24 months.

Not all of these data losses were the result of a data breach. Some were the result of poor backup procedures, but many ofthem were. And unfortunately for you, their guy is a lot more sophisticated than our guy was in college. With our world beingmore interconnected than ever, there are more and more ways where they can steal your information. Point of sale comput-ers. Credit card machines. Online databases. Physical breach of confidential records in storage. Employment records.Hacking into your computer or mainframe. Your smart phone. Online payment systems. The list goes on.

So how do you fare? What are your true exposures? For most people, when they hear data breach they only think of cyberliability. Cyber liability is very important for many businesses, but it’s also important to understand what your coverage actu-ally entails. While many businesses may not have a true cyber liability exposure, they still face the possibility that confiden-tial information could be compromised. It could be by a current employee in good standing. It could be someone breakinginto your business. Disgruntled employee. Or it could be someone you know and trust and would never expect. Regardlessof who is a suspect, it is a very real threat to businessestoday.

While the cyber liability may not apply in these situations,data breach does and could be used to cover a claim. It’simportant for you to know that coverage is available, itcovers a huge exposure, and not all things are createdequal. Even if you do not have the online presence thatmany businesses do today, you still could fall victim to oneof these very sophisticated, 21st century criminals. It’simportant to know what your policy does and does notcover.

Identity theft is a much more lucrative business than sell-ing fake IDs to college kids, and it’s here to stay. The bestthing you can do is take steps to prevent a breach, and incase it does happen, making sure you have the coverageyou need to ensure your business’s survival. Good luck!

Andy Bertram CPCu, ARM-ECO Brown [email protected]

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8

LABOR UNIONS GET EARLY CHRISTMAS PRESENTS:E-MAIL ACCESS, AMBUSH ELECTIONS AND A NEW BOARD MEMBER

Last week, Christmas came early for labor unions with the National Labor Relations Board (NLRB) delivering some sig-nificant presents. First, the NLRB issued a decision that allows employees to use company e-mail to engage in unionorganizing, notwithstanding an employer’s prohibition not to use such resources for non-business purposes. Second, the NLRB issued rules that willallow for quicker elections and grant unions access to more employee information. Finally, the United States Senate confirmed Lauren McFerran(“McFerran”) to the NLRB. Each of these “presents” will make it easier for unions to organize and obtain favorable decisions from the NLRB.

Present #1: NLRB Rules Employees Can Use Employer E-Mail Systems While Off-Duty In Purple Communications, Inc., 361 NLRB No. 26 (2014), in a 3-2 decision, the NLRB found a company policy that prohibited the use of the compa-ny’s e-mail system for non work-related messages was unlawful. Specifically, the NLRB ruled that employees can use an employer’s e-mail system,on non-work time, for union organizing or to otherwise engage in protected concerted activity, such as complaining about wages and benefits to co-workers. Significantly, the NLRB noted that it:

. . . will presume that employees who have rightful access to their employer’s e-mail system in the course of their work have a right to the use the e-mail system to engage in Section 7 protected communications on nonworking times. An employer may rebut the presumption by demonstrating thatspecial circumstances necessary to maintain production or discipline justify restricting its employees rights.

In issuing its decision, the NLRB noted the ruling only applies to employees who have already been granted access to the employer’s e-mail system inthe course of their work and does not require employers to provide such access. It also noted that it would be a rare case where special circumstancessupported a total ban on non-work email use by employees. The NLRB did not address e-mail access by non-employees, such as union organizers,or the use of any other electronic communications systems provided by an employer. Finally, the NLRB also noted that its Purple Communications deci-sion will be applied retroactively.

The decision will raise a significant number of issues for employers. For instance, while the NLRB noted that its decision did not prohibit an employerfrom monitoring employee computers and e-mail for legitimate business purposes, such as measuring productivity and preventing the use of e-mail forunlawful purposes, it made it clear that claims of unlawful surveillance of protected conduct could be raised. For instance, if an employer increases itsmonitoring during an organizing campaign and/or focuses its monitoring efforts on certain employees engaged in protected conduct, the employer wouldbe deemed to engage in unlawful surveillance.

What It Means To Employers: This decision is likely to be appealed, but it will be some time before thecourts rule on this case. In the meantime, employers should review their electronic communications poli-cies to determine whether they are prohibiting all non-work use of company e-mail. In such a case, thepolicy will likely be found to violate the NLRA. An employer with non-compliant policies can be foundguilty of an unfair labor practice for (1) having the policy; and/or (2) disciplining/terminating employeeswho violate the policy.

Present #2: Ambush Election RulesOn December 12, 2014, the NLRB also issued its “Ambush Election” rules which will dramatically short-en the time between the filing of a petition for an election and the union election from roughly 42 daysto between 10 to 24 days. While unions can spend six months to a year (or longer) attempting to orga-nize workers, employers will have only a few weeks to address the potential consequences of unioniza-tion if the organizing efforts take place in secret. In such a case, workers will be forced to make a deci-sion impacting their workplace without knowing all of the facts relating to unionization.

The new rule imposes a number of additional burdens on employers, including but not limited to:

• Requiring employers to provide unions with additional employee contact information (personal homeand cellular telephone number and email addresses, work locations, shifts, and classifications) in voterlists that the employer gives to the NLRB within two days of an election being directed, which in turn isthen given to the union.

Continued on Page 10.

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 $1,075 (includes 2 hours

of attorney time – hourly rates thereafter)

Drug & Alcohol Testing Package $525 (includes 1 hour of attorney time – hourly

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Ask for MSBOA discounts on Handbook ($100) and on D/A TestingPackage ($50)

Contact Tom Revnew

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Tel 952.921.4622 | Fax 952.896.1704 www.seatonlaw.com

10

dealing effectively with ParentsPreventing problem behavior on your school bus is only part of the equa-tion. In addition to dealing with student behavior, drivers also have to dealwith the parents of students. Some parents are active in their child’s dailyroutine, and are often at the bus stop communicating with the driver regu-larly. These interactions are usually pleasant. Other parents are rarelyinvolved with their child’s bus ride unless issues arise, such as disciplinaryaction, bullying by another student, the bus is late or early, or personalitems are lost. The latter interactions can be more difficult, and sometimeseven confrontational.

To deal effectively with parents, we need to first understand what they aretelling us by actively listening. Consider the tone, gestures and body lan-guage as well as the words themselves. Give the other person your fullattention, don’t argue with, insult or interrupt them, and do not plan whatto say while the other person is talking. Focus on what the parent is say-ing so you understand their needs. You may need to listen more intentlywhen there are cultural or language differences. It is important to berespectful of any parent’s attempt to address an issue. If their request isunclear, rephrase what you think they said to ask for clarification.

Treat parents as you would want to be treated, regardless of how they arebehaving. It may be difficult, especially if they are name calling or makingpersonal attacks, but reacting impulsively to their comments will makematters worse. When you remain calm and focused on their plight, you become in con-

trol of the situation and eliminate potential ammunition to escalate the sit-uation.

If the parent is making a scene, let them vent. Your lack of reaction canhelp ease their temperament. Be careful not to make accusations orspeak disrespectfully of their child in front of them, as that will only inflamean argument. It should already be obvious that you should not use pro-fanity or insults.

In some cases, you may need to control a serious situation, such asremoving a parent from the bus. Call them by their name, if you know it,and state your situation directly and without accusations, i.e. “…schoolpolicy does not allow unauthorized persons on the bus, so I need to askyou to step off the bus.” Remember to pay close attention to your own non-verbal communication to help maintain this control.

When you feel you understand their request, and you have restated it totheir satisfaction, only do or promise what is within your abilities. Forexample, “I cannot change the timing of the stop, but you can discuss itwith our dispatcher, here is his/her phone number…” Offer them yoursupervisor’s contact information and encourage them to speak with him.Treat them respectfully and follow all company and school district rules.This will also help diffuse the situation and allow you return to your route.

Finally, follow up with your supervisor and document your encounter assoon as possible. If you can call in on the radio to report what has hap-pened, simply note the facts without commentary or opinion. You can elab-orate on the details once you return to your station.

Be proactive! If you have had issues with a student on several occasionsand think it could result in a confrontation, talk to your supervisor, or theschool district, about your concerns. This can help you prepare for a con-frontation should it arise. In all cases, you need to follow the company andschool district policy regarding communication and confidentiality of infor-mation.

By following the rules and keeping your cool, your chances of turning anargument into a discussion will greatly increase.

This article is courtesy of Keystone Insurers Group.

• Eliminating an employer’s right to challenge an employee’s eligibility tovote prior to the election being held.

• Requiring employers to identify all objections and disputes regarding theelection in its “Statement of Position,” filed one day prior to the pre-elec-tion hearing, and any objections or issues not raised will be waived.

• Providing the NLRB greater discretion to dismiss an employer’s post-election objections.

Given these controversial rules, a number of trade associations haveannounced their intent to file a lawsuit against the NLRB, challenging theambush rules from a number of different aspects. Fortunately, since theambush rules do not take effect until April 14, 2015, courts should havesome opportunity to decide whether the rules are valid prior to their effec-tive date.

What It Means To Employers: The amended rules will lead to quicker elec-tions. This, in turn, means that employers will have significantly less timeto educate their employees about the disadvantages of unionization aswell as train their supervisors on how to lawfully respond to union orga-nizing and tactics. Similarly, under these new rules, employers will haveless of an opportunity to challenge the fairness of a union election. Giventhe constraints of the ambush rules, employers should begin to educate

their supervisors on how they can legally respond to union organizing.Employers should also consider educating employees on the disadvan-tages of unionization --- before a campaign even commences.

Present #3: New NLRB Member: Last week, in a party-line vote of 54-40, the United States Senate also confirmed Lauren McFerran (“McFer-ran”) for a three year term to replace Nancy Schiffler (D), whose term withthe NLRB expired on December 16. If Schiffler had not been replaced, theNLRB’s pro-union agenda would have been stifled as it would have con-sisted of two Democrats and two Republicans heading into 2015 when theRepublicans will control the Senate. As a former staffer for both SenatorsTed Kennedy (D) and Tom Harkin (D), most believe McFerran will contin-ue the NLRB’s pro-labor agenda.

What it Means to Employers: As a result of McFerran’s appointment, forthe foreseeable future (i.e., August 27, 2016), the majority of the NLRB’smembers will be considered friendly to the union causes. As a result,employers can continue to expect the NLRB to issue decisions designedto improve unions’ ability to organize workers and lead to more unfair laborpractices being filed against employers.

For more information on this article, please contact Tom Revnew, [email protected], 952-921-4622.

Legal Notes Continued from Page 9

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MSBoA drug Testing ProgramThe MSBOA has teamed up with Clinical Research Labs foryour drug testing needs as required for DOT testing. The pro-gram was designed to support the MSBOA and to help controlcosts for its members. For more information or to join the pro-gram contact: William Coens

[email protected] [email protected]

EMPloyMENT PrACTICES lIABIlITy INSUrANCEChubb Insurance, one of the largest EPL carriers in the coun-try, has partnered with the MSBOA and Ahmann-Martin to pro-vide a cost effective EPLI policy option containing all the typicalprotections often found within EPL policies along with a fewother additional protections. Claims such as “wrongful dis-charge” claims, wage and hour and immigration claims are cov-ered under this policy. Additionally, Chubb and Ahmann-Martinhave agreed to share a portion of their profits with the MSBOAarising out of the sale of this product to the membership. Fur-thermore the policy will allow members to choose Seaton,Peters and Revnew as their legal counsel, if they wish, todefend against any employment-related lawsuit rather thanbeing appointed to the insurance company’s counsel who maynot have experience in the transportation industry. Jake Omann, Ahmann-Martin Risk and Benefits Consulting7555 Market Place Drive, Eden Prairie, MN 55344D: 952-947-9747| C: [email protected]

Trusted Employees has put together a special offer for

MSBOA Members. We will be posting the information on ourwebsite. Make sure to log in the Members Benefit section formore details.

International onCommand Account Hoglund Bus Company has provided access to anyone who isa member of the MSBOA to International’s OnCommand ICBus Service Portal. You can look up warranty information anddiagnostic support.

Contact Linda Rein at Hoglund’s: 763-271-2950.

other BenefitsAdditionally, through our partnership with Business Advantagewe are able to offer savings at Grainger, Office Max and OfficeDepot, HP as well as fuel at Holiday. All of these offers are onour website.

AC delco/Factory Motor PartsThe MSBOA has partnered with AC/Delco Factory Motor Partsto enable cost savings for you on your OEM parts.

Representatives from AC/Delco Factory Motor Parts will be incontact with your operation to see if they can help you savemoney on parts.

MsBOa Member special OffersAs part of an on-going effort to supply you with added value to your MSBOA membership, we offer the following programs:

Bus Fires Continued from Page 7.The report did not shed much light on causes. Overall, sometype of mechanical failure or malfunction contributed to 59% ofthese fires; some type of electrical failure or malfunction con-tributed to 25%. NHTSA argues that fuel fed fires in school busaccidents are statistically insignificant. Which seems to betrue. The report only found about 10 fires a year were post-accident fires. However, the report indicates that these are theonly fires NHTSA tracks. So who is overseeing school busfires? It seems that we need to urge further study on this issue.

As stated earlier, the driver is often celebrated as a hero. Thisis why we train students and drivers for school bus evacua-tions. It appears, based on the statistics, that we cannot tellstudents or drivers that this is a rare event. One driver, in Mis-sissippi, attempted to put the bus fire out with his extinguisher.Some witnesses tried to get his attention, but ended up stop-ping and evacuating the students out of the rear emergencyexit. That was a very dangerous decision that was only cir-cumvented by quick thinking bystanders. Make sure that yourdrivers realize that the fire extinguisher is there to help escape.The students must be evacuated first thing. It is unlikely that afire extinguisher will be any help to them putting out an enginefire.

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02MsBOa Planner

Save these dates!

Minnesota School Bus Safety Committee

Meets 3rd Weds. of Every Month

Locations Vary

Contact: John Thomas 952-556-6161

Transportation Issues Study Committee

Meets 4th Weds. of Every Month

Contact: Keith Paulson 763-506-1132

Office of Pupil Transportation Stakeholders

Quarterly Meetings Held, Dates Vary

Contact: Lt. Brian Reu 651-405-6047

MN School Bus Safety Expo

January 16 & 17, 2015

St. Paul, MN

See Full Agenda Inside!

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

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

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

MN State Patrol

ContactsListed to the right is contact infor-mation for the state troopers incharge of school bus transporta-tion.

Use this contact information!They are ready to help with anyquestions or concerns you mayhave!

MsBOa LeGaL HOTLiNe(952) 921-4622 • Tom Revnew at Seaton, Peters & Revnew

MSBOA Office: www.msboa.com

Driver/Vehicle Services: www.dps.mn.gov/divisions/dvs

Department of Public Safety: www.dps.mn.gov

MN Statutes Search: www.revisor.mn.gov/search

DOT Drug and Alcohol Regulations: www.dot.gov/odapc

Quicklinks: Most Wanted Websites

Msboa january2015

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