Msboa summer 14

Volume 44 Issue 7 • Summer 2014

Look Inside for the 2014 Transportation Specialist Award Winners!!!

OperatorThe

L to R : Congratulations to Chuck Hey, School Bus Inc., for being

awarded with the MSBOA Lifetime Achievement Award and John

Benjamin, Benjamin Bus, Inc. for receiving the MSBOA Jim DeVeau

Award at our summer conference in June.

Chuck HeyEstablished in 2006, The Lifetime Achievement Award honors past or present members of the MSBOAwho have dedicated their lives to the Minnesota School Bus Industry and the safety of Minnesota’s chil-dren. Chuck owned and operated school bus operations in Jasper, MN and Souix Falls, SD. Hey servedon the Minnesota School Bus Operators Board of Directors and served as President. Hey has also beenactive with the National School Transportation Association and was awarded the Golden Merit Awardand the Hall of Fame Award.

John BenjaminThe Jim DeVeau Award was established in 2007 to honor individuals who have devoted themselves toschool bus safety in Minnesota. John began his school bus career in 1989 when his brother Larry Ben-jamin, bought Grisim School Bus of Northfield, MN. John and Larry worked side by side with their schoolbus (Benjamin Bus) and Northfield Lines motor coach operations. John credits his family and excellentstaff with his success. John has been active in the MSBOA as a board member and as the chair of theconference committee.

Great Conference,

Great Members,

Great Organization!

SUMMERTIME THOUGHTS 2014

As I am writing this it is Mid-July........half the summer goneby already. Somehow that just does not seem possible.....orright! I hope all of our members are having a great summerseason and enjoying a little time off or at the very least a lit-

tle peace and quiet before the Fall rush is upon us.......which in my world reads as Aug.1st......and that is only a couple of weeks away.

Since our Summer convention this year (which was excellent in my book) my days andweekends have been totally full of business and pleasure commitments.....but some-how they have all brought a few insightful moments along with tearful moments also.We recently had the pleasure to attend a political Fly-In for the united Motor CoachAssociation in Wash. DC. I was more than a bit astounded along with humbled to seethe historic buildings and feel the power that runs through the area.......to our membersI can only say.....when we ask you to contact your Representatives and your Sena-tors.....make the call and do it. They are real down to earth people just like we allare......yet they truly do have the power and will take the time to listen to their con-stituents. A phone call or a letter or even an e-mail can be very effective.

Soon as we returned home we were very happy to attend the wedding of three of ouremployees.....two of them to each other.....I know this has certainly happened beforebut this one was rather special. Our now 26 year old bus Phenom (who received aTransportation Specialist award the year he started driving for us when he was 18) gotmarried. I have only known him since he was 7 years old.....made me look a little deep-er into the Family that has grown up around this bus company (just like you all havewatched in your own companies I am sure). And then the next weekend another youngman who’s first job was with us as driver also got married......a grown up man now alsoof 31. The next day we were invited to a 70th Surprise birthday party of one of our busaides......and she has already retired from here once........then returned....... and seesno reason to ever quit in her mind at this point.

Continued on Page 8.

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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


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 2014

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

TOM BuRR

TREASURER

TOM HEy

Ex-OFFICIO

GAyLEN LENz

From the PresidentRudy LundahlVoyageur Bus Company, Duluth, MN

President Rudy Lundahl called the meeting to order at 11:08 a.m. Rob-bie Elliot started the meeting by reading the Mission Statement.

Tom Hey made a motion to accept the meeting minutes from January17th. Robbie Elliot seconded. Motion carried.

Treasurer’s Report – Discussion regarding ways into increase non-duesrevenue. Jim Koonst made a motion to accept the Treasurer’s Report.Doug Grisim seconded. Motion carried.

Discussion of golf tournament.

Discussion regarding driver shortage issues – compounded by regula-tions from Federal/State. Transportation Issues committee is putting acommittee together for these kind of discussions during the summermonths.

Discussion regarding Paynesville bus that had a semi run its stop arm onthe right hand side of the road, narrowly missing a young girl standing inthe driveway.

Roadeo – Paul Davis, Mike Schmedeka, Tasha and Josh Schiffler han-dled the ROAD-E-O and had a great turnout. Winners may proceed tothe Nationals. Thanks to Josh and Tasha Schiffler for taking that over.Recommendation from the board to consider sending drivers for nextyear, it builds a sense of pride for drivers regarding their skills.

Driver Records – TLT is still in business, Minnesota Records is not dueto the issues with the DPS memo this winter that attempted to end thebulk data purchases. Passed law to allow bulk purchases but appearsmainly to appeal to those who sell cars. State is directed to do a studyto see who is purchasing the data. Watch for more details on this.

Conference committee Report – numbers a little down this year. Manydistricts were still in session especially with the previous winter and thenumerous school closings.

Promotion Committee Report– Doug Grisim made a motion tospend up to $5000 for Child Check Safety Kits – Rudy Lundahl 2nd.Motion carried.

PAC – Will meet later today to appoint a new president since JimSchiffler stepped down.

Transit/Contracts – Issue is simmering – transit still interfering inNorthern Minnesota.

Executive Committee – Discussion on elections: Brian Koch, DougGrisim, Jim Koonst and Rudy Lundahl all up for re-election. Electioncommittee will work on the ballot.

Legislative ReportBusiness community got out lucky, it could have been worse. Therewere many initiatives that were not pro business that floated aroundthe Capitol in 2014. 15 House members retiring – average. 1 Sen-ate seat – Al Franken’s seat. Govenor up for re-elections.

Members in Rep. Paul Markwardt did a great job explaining theproblem with the vendor contracted services bill last session. Thosemembers got him to not hear the bill in the house. Education groupshelped quite a bit as well.

Bio-diesel – totally eliminated blending with #1 fuel. There was discus-sion to totally eliminate the requirement that may surface again next year.

Legal Report– Employment Practices Liability Insurance – EPLI protectsyou against wrongful discharge litigation. Program set up to eventuallyhave proceeds go to the association. Please see the newsletter for moredetails.

Responsible contractor bill – This bill would require construction contrac-tors that do business with the state or cities in Minnesota must certifyingwith work comp, certify that you have not violated any wage and hourlaws/prevailing laws, and if so, are barred from doing business with thestate of Minnesota. Pretty much every business could find a wage andhour violation because of the comprehensive and complicated issuesinvolved. Bills like this underline the issue that that SEIU, ASCME arepowerful groups. We do need PAC participation. 20 seats in play in thehouse, get out and talk to the candidates about the need for pro-businesslegislation.

WESA- Women’s Economic Security Act will be further covered on Tues-day. This law will require you to update your company handbook. Pleasereach out to Tom Revnew for more details.

Medical Marijuana – Cannot discriminate against people who are onmedical marijuana. The Federal Commercial Driver’s License is exempt-ed, but a word of caution is that Type III drivers do not follow under Fed-eral DOT laws if they do not have a CDL.

Jim Koonst made a motion to adjourn. Tom Hey seconded. Motion Car-ried.

3

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4

Kim Arnold, Nor-Tran, Inc., Hill CityKim has been driving school bus for 20 years. Her regular to and fromroute is 126 miles a day! Being a veteran driver, she still brings a greatpositive attitude and concern for her students to the job. She is relied onby the company for First Aid and CPR training and for weather reports. Aparents states: “Kim not only gives 100% of herself to her job, but 100%to her community as she volunteers on the Jacobson Fire Department asa First Responder. When my husband had back surgery and our woodwas not cut for winter, Kim organized a party to come over to cut, haul andstack our wood for us.” A mother of students on Kim’s bus says, “Kim’skids are part of her extended family. She treats each and every one ofthem as her own...She has been a mentor to them as well. When my kidswanted to raise money for summer camp, she offered her garage to themto have a garage sale to raise money...Kim is truly a second mother to mykids.”

Bob Janes, Faribault Transportation, FaribaultBob serves the Faribault School District as a Pivot driver. He has drivenfor Faribault Transportation for 17 years. Bob’s extreme optimism for lifeis contagious to all the other drivers and customers of Bob’s. Containedin the nomination packet for Bob, there were countless letters of recom-mendation from school administrators, co-workers, coaches, and theentire Faribault Emeralds Dance Team. The coach for the dance teamwrites, “What impresses me most about Bob is how he epitomizes what itmeans to be a bus driver. He always has a great attitude and upbeat per-sonality no matter what is going on in his life...Bob drives for all of ourdance competitions. The girls are so appreciative they got him a sweat-shirt that says: ‘Emerald’s Chauffer’ on the back. Bob wears the sweat-shirt to every competition and he always uses Bus #1 because he wouldsay, the dance team is #1 to him. I don’t believe there is another bus dri-ver that has this kind of safety, drive, dedication, committment, and enthu-siam as Bob does.”

Alfred Miller, Vision Transportation of Elk River, RogersAl has worked for Vision of Elk River for 8 years. He works as a driver,driver check in person, and coordinates maintenance of the buses. VisionElk River’s manager, Joe Plude writes, “Al’s leadership, committment tosafety, abilities and dedication makes the Roger’s garage a complete suc-cess...Al is also of service to his fellow man in his work with his churchand for Special Olymipics. Al has served many people in his congrega-tion and by that service has touched the life of many people for the good.His smile is infectious and warms those who he interacts with.” A direc-

tor from the Special Olympics writes, “Al has been a great volunteer forour organization, giving his time to help at the largest Special Olympicsfundraisers in the world, the Law Enforcement Torch Run and the PolarBear Plunge, helping raise funds for over 7,200 Special Olympics Min-nesota Athletes...We are fortunate to have wonderful volunteers like Al tomake our program happen.”

Don Puetz, Bluff Country School Bus. Plainview/Elgin/MillvilleDon has been driving since 1978! A young woman who rode Don’s busfrom 1st grade through her senior year writes, “ On my first day I was ter-rified and didn’t know a soul. Don was the first person I met. When I gotto school I remember him telling me where he was going to be at the endof the day so I knew where to go. Then he gave me a high five and said,‘Have a good day, go get em tiger!’ At 3:00 he was standing outside ofhis bus so I could see which one was mine waiting for me. He went outof his way to look for me and all his other riders...Now that I am not on thebus anymore I see Don in town and he still greets me the same way, “Heythere Tiger, how are ya?” Last summer Don’s wife passed away. I calledmy brother and told him we needed to go visit Don to cheer him up...Ithought I was going to be there to make his day but I was wrong - hemade me feel special instead. During our visit he said, “Do you remem-ber that rain gauge you gave me in the 3rd grade?” Then he showed methat he still had it after 14 years! Don wasn’t just my bus driver, he is myfriend.”

Patty Schuneman, Trobec’s Bus Service, sartell/St. StephenPatty has driven school bus for Trobec’s for 45 years! During this timeshe raised 8 children of her own! Patty is now driving 3rd generation fam-ilies on her route. She still loves her job and walks in with a smile on herface every morning and leaves the same way in the evening. Patty wasinterviewed in 2005 for the Sartell Newsleader. In the article it states“School bus driver Patty Schuneman doesn’t let herself get too upsetabout “brats” on her bus because she knows someday they just might beher good friends...A lot of her friends now were once school bus riderswho sometimes misbehaved uproariously on the way to and from school.Schuneman has enough school bus stories to fill a book. One of herfavorites is when a little girl noticed that all the other students on the buswere giving Patty a Christmas gift. She didn’t have anything other than asugar cookie - with a bite in it - but she gave it to Patty so she wouldn’t gowithout something from her.” Patty says, “The best thing about my job isgetting to know the kids, I enjoy getting out of the house and I love kids.”

2014 Transportation Specialist Award Winners! By Shari Danzeisen

At the recent summer conference the following drivers were awarded with the MSBOA Transportation Specialist Award alongwith $1000.00 scholarship to a school in the district they serve. What a fantastic night hearing the stories of all these won-derful people in our industry! Congratulations to them for their achievement!

2014 Transportation Specialists: (L to R)

Alfred Miller, Don Puetz,Bob Janes, Patty Schune-mann, and kim Arnold

Trapeze school Transportation

Technology solutions: One stop for all of Your software and Hardware Needs

When was the last time you took a close look at Trapeze and what they now have to offer? Today’s school transportationproviders need to be agile, adaptive and responsive. No one understands this better than Trapeze. For more than 30 yearsTrapeze has been a leader in student transportation technology solutions. With new trends and emerging challenges everyday, we make it our business to understand what keeps you up and night and then deliver the best possible suite of trans-portation products to help make your job easier.

Our transportation technology solutions consider the full 360 degrees of your operations, bringing together and connectingyou with the numerous sources of information you need to run an effective, efficient department. Our integrated approachprovides a complete enterprise solution connecting the back office, operations and dispatching centers with your vehicles, aswell as providing up-to-date transportation information to your organization and public.

Trapeze’s modular approach to application design delivers an integrated product suite that enables you to build your trans-portation system software as needs dictate. Our products feature graphical user interfaces, an open database architecture,browser-based applications and proven, best-practice algorithms.

Our hardware offerings, including a Mobile Data Terminal (MDT), multiple GPS black box options and an all-in-one GPS-based Student Tracking unit, provide you a variety of flexible, affordable solutions designed specifically for student trans-portation. As the manufacturer of our own hardware, Trapeze has the distinct advantage of truly being your “one stop shop”for all of your transportation software and hardware needs.

We realize that implementing transportation technology solutions is a significant investment in both time and money. Our goalis to provide you with affordable, flexible solutions that increase efficiencies and reduce costs while enabling safe, reliablestudent transportation within your district. Most importantly, we are committed to continuing to invest millions of dollars in ourtransportation suite of products so that you are ensured the most current technology and functionality for the long term.

To learn more about Trapeze and how we can meet the needs of your school district, feel free to contact us at 888-595-4696.

Save Up to $6,350.00 onNew GM Vehicles!

The MSBOA is offering a new benefit through GMFleet & Commercial. Many of the vehicles you buyincluding pick-ups, vans, and SuV’s are available at adiscount for MSBOA Members. Go to www.msboa.com for all of the information. Included is a listof all the vehicles eligible for the discount and howmuch the discount is. There is also a form online onour website for you to print out and bring to your deal-er that gives your dealer the proper fleet pricing codefor our organization.

If you are planning to purchase new vehicles soon - besure check it out and take advantage of these savings!

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dash to the Finish lineensuring a Successful Transition Starts Now

you’re out on a walk on a peaceful summer morning. There is a cool breeze blowing off the Mississippi, and you’re soaking upthe early morning sunshine. The soothing lapping of the water on the rocks is suddenly interrupted by a steady thump, thump,thump of a running animal pounding the pavement behind you. The thumping keeps getting closer and closer, harder and hard-er, until suddenly you can hear the breathless panting of the grizzly bear running you down from behind. Just before you takeoff in a panicked sprint, praying for dear life, you turn around only to see this guy drop a quick wave as he lumbers by on hisearly morning run. That’s right, no grizzly, just me.

To say I’m not a graceful runner is an understatement. While I may not be much of a runner, I am stubborn, competitive anddetermined. I also enjoy a good challenge, so when I saw the Warrior Dash was coming to Afton, MN this year, I didn’t hesi-tate to sign up. After months of training and prep work, race day was here. The first 200 yards went as planned, and then camethe first unexpected obstacle. That’s right; this one was not on the list. We had to run from the bottom of the ski hill all the wayto the top. And then back down. And repeat again, and again. I don’t know how many hills and wrenches were thrown my waythat day, but I’ll bet my thighs could tell you.

Regardless, I managed to power through and finish the race within two minutes of my goal. Did it go as planned? Not exact-ly. Did I consider it a success? Absolutely. I had mentally and physically prepared to finish the race, and that’s what I did. Eventhough it wasn’t perfect, all of that preparation paid off and I was able to cross the finish line. After the first hill, I had to adaptand switch gears. In a perfect world, unexpected hills and twists would never happen. In the real world, you need to be prac-tical and realize that things won’t always go as planned. If that sounds a lot like running a business, it’s because it works thesame way.

I’d guess that when you took on the challenge of starting your business, you had a gener-al goal in mind on where you wanted it to go. That goal probably didn’t include workingevery day for the rest of your life. By being flexible and creative, you persevered to getwhere you are today. As you’ve had to switch gears, it can be easy to forget to do so inother areas too. What does your final game plan look like? Are you so caught up in the dayto day that you haven’t spent any time on your exit strategy?

Succession planning is a talent and organizational improvement initiative that enables anorganization to grow and thrive now and in the future. Having a clear picture of the futureof your business will allow steps to be taken now to ensure the future success and direc-tion of the company. your business can neither succeed nor grow without a clear under-standing of how the business will continue after the departure of key leaders of the busi-ness, including yourself. Not only is it imperative for the long-term success of your busi-ness, but I’d assume you want to make sure you’ll be getting paid for your investment whenyou retire.

Succession planning isn’t limited to retirements only. Think of your critical employees, your-self included, and how your business would be affected by their loss. A life insurance guywould talk end of the world type stuff, but let’s consider more likely scenarios – disability,retirement, moving away, joining a competitor. Life and Disability policies are available fortwo risks, but for the others it’s critical that a backup plan be established that includescross-training your employees. Good planning is good business, and failing to do so couldput your future and the future of your business in jeopardy. Succession planning should bepart of a broader enterprise risk management plan. That’s right, not just insurance riskmanagement, but a holistic approach to address those risks you can’t insure for. If yourbroker isn’t helping you with this already, it’s time to find someone that will.

Flying by the seat of your pants has a time and a place for certain things. Solidifying yourfuture plans and protecting your business does not make the list. If you haven’t alreadydone so, now is a great time to start as you make your dash to the finish line – your retire-ment.

Andy Bertram CPCU, ARM-E, Risk Advisor620 Main St • Red Wing, MN 55066Phone: 651-800-6173 • Fax: 651-388-8443 • www.cobrown.com

6

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.

7

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Telin Transportation Group, LLCrelocating service shop/Parts to Better serve You

After 15 years of service in Becker, MN, Telin Transportation is moving its school bus service shop to Farmington, MN. “It’sbeen part of our vision for the company since 2006 when I came aboard as VP/General Manager”, says Todd Telin. We’vedone extensive research and listened to our customers. As a result all school bus repairs are now being performed in ourFarmington shop. We have 3 bays, a large and secure outside parking area and offices for our account managers. In addi-tion to the larger space we now have two additional technicians. Caleb Smith, who is Cummins certified, comes to us withextensive experience and has hit the ground running. Kenny Roschen a graduate from uTI in Chicago joined the Telin Teama month ago. All of our school bus techs will be working out of Farmington or coming to you with one of our mobile servicetrucks when the need arises.

All parts inventory is now being housed in our Lakeville Building. This location is also home to our corporate offices and com-mercial bus sales/service. A large part of the decision to move parts inventory to the metro area is to service the customerbetter. When you need a part to perform a repair, you need it now! Being centrally located allows for multiple parts deliver-ies per day. Those living out-state will still get parts next day via Speedy. For those who know what part they need and pre-fer to purchase via the internet, we now have our on-line parts store up and running. This venture is new to us but aftermonths of development the store is open! you can view it at http://parts.telingroup.com. We’ve started with a limited selec-tion so please let us know what parts you’d like added.

Telin Transportation Group, LLC has recently picked up several new commercial lines to create a comprehensive selectionof buses to choose from.

In 2012 TTG was named Krystal and Federal Coach Dealer in MN & WIIn 2013 TTG was named Diamond Coach Dealer in MNIn 2014 TTG was named Meridian Dealer in MN & WI

you can visit us at: 16290 Kenrick Loop, Lakeville or 5121 212th St, Farmington.

8

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From the PresidentContinued from Page 2.

Did I mention that she and her husband were a Driver andAide team for 25 years before they both retired about 9years ago.....sadly her husband passed soon there-after.....and back to work she came.......and her son (whoalso worked for us) insisted we all attend the surpriseparty. Which brings me to my point...............

The people in our organization never fail to amazeme.......they are hardworking compassionate bus peoplewho “bleed” yellow........as the years go by and the buscompany families continue to grow and get bigger we tomust all work harder to keep track of the industry and ourpart of it. But do take time to Thank your immediate fam-ily along with the company family’s we all have. Time isshort.....enjoy the summer.......and before you know it wewill be starting another school year.

Stay Safe and Be Kind!Sincerely,Rudy Lundahl, President of MSBOA

Back to school...do you have everything You Need?Shari Danzeisen

At the MSBOA office we often receive calls looking for safety items before school starts. Here is areminder of what MSBOA has to offer!

1. School Bus Safety Coloring Books - An activity book designed for preschool and young elementary students. The book illustrates the very basic safe bus rider rules. There is a bus for students to assemble and place on a diagram of the danger zone.

2. Driver Child Check Safety kits - Our newest safety program includes a new reminder poster for every month of the school year and silicone wristbands for drivers as a constant reminder to check for children after every route, shuttle or trip! See page 10 for an order form.

3. Unauthorized Rider DVD - MSBOA teamed up with law enforcement officials to train school bus drivers how to prevent an unauthorized entry on the school bus and keep their students safe.

4. Stop and Stay Stopped DVD - This video outlines common mistakes made by careless driving that can lead to bus accidents. The DVD also clearly illustrates the basics of bus safety and gives facts drivers need to be informed and safety consious around school buses.

5. Inspecting Your School Bus DVD - This DVD teaches school bus drivers how to inspect and complete safety inspections prior to and after operating a school bus.

For ordering information go to

www.msboa.com

The Supreme Court Holds President Obama’s 2012

NLRB “Recess Appointments” Were Unconstitutional

By Attorneys Tom Revnew and Jon S. Olson

In one of the most important decisions of its term, the unit-ed States Supreme Court ruled on June 26, 2014, that Pres-ident Obama’s January 2012 recess appointments to theNational Labor Relations Board (“the Board”) were uncon-stitutional. This ruling affirmed an earlier District of Colum-bia Appeals Court decision which found that PresidentObama violated the Recess Appointments clause of theConstitution in making those appointments. The SupremeCourt’s decision means that, during the time period thoseappointees held seats on the Board, it was without a validquorum of members required to issue rules or decisions onunfair labor practice claims, and those decisions are there-fore invalid.

In Noel Canning v. National Labor Relations Board (CaseNo. 12-1281), the Board, in a February 8, 2012 decision,had found that Noel Canning (the employer) had committedan unfair labor practice by refusing to sign a negotiated con-tract with the Teamsters union. A three-member panel of theBoard, consisting of Members Brian Hayes, Terrance Flynnand Sharon Block, issued the decision. Slightly more thana month before, on January 4, 2012, President Obama,using his claimed “recess appointment” authority, appointedMembers Block and Flynn to fill vacancies on the five-mem-ber Board. At that time he also “recess appointed” RichardGriffin to the Board. The Senate had previously confirmedthe appointments of Chairman Mark Pearce and MemberHayes on June 22, 2010.

In a prior case, New Process Steel, L.P. v. NLRB, 130 S.Ct.2635 (2010), the united States Supreme Court held that theBoard lacked decision-making authority when it was withouta quorum of at least three members. Noel Canning chal-lenged the Board’s unfair labor practice finding, in part, byalleging that President Obama’s January 2012 “recessappointments” were not valid, and that the Board, therefore,lacked a legal quorum under New Process Steel to issue theFebruary 8 decision without the participation of the recessappointees.

The Supreme Court agreed with the Court of Appeals andthe employer that the President’s recess appointments tothe Board violated the “Recess Appointments Clause” of theConstitution, which states:

. . . the President shall have Power to fill up all Vacanciesthat may happen during the Recess of the Senate, by grant-

ing Commissions which shallexpire at the End of their next Ses-sion.

The Supreme Court found that the term “the Recess” canmean either “intra session” breaks or “inter-session” breaksof the Senate, but that the three day break during whichPresident Obama made the appointments was too short toconstitute a “recess.” In so holding, the Court consideredthe language of the clause, its purpose, and the history ofpast recess appointments. Specifically, the Court found theterm “The Recess” was sufficiently ambiguous that it couldmean either intra-session, or inter-session, breaks of theSenate. The Court also found that the phrase “Vacanciesthat may happen . . .” was sufficiently ambiguous that itcould mean either vacancies that first arose during a recess,or vacancies that existed at the time of a recess.

Noting that the purpose of the clause was to insure the prop-er functioning of government while the Senate was away,but not to allow the President the ability to evade the Senateconfirmation process as the primary method for appointinggovernment officers, the Court therefore held the Presidenthas the power to make recess appoints to existing vacan-cies during either intersession or intrasession breaks of theSenate.

The Court then considered the length of a break necessaryfor it to be considered a “recess,” and reviewed the histori-cal practice of recess appointments. Finding that there is nohistory of recess appointments for intra-session breaks ofless than ten day, theCourt held that intra-sessions breaks ofless than ten daysdid not constitute a“recess” for purpos-es of the clause.Since President’sJanuary 4, 2012appointments weremade during such ashort break, theCourt found they didnot meet the require-ments of the RecessA p p o i n t m e n t sClause, and weretherefore invalid.

Continued on Page 11.

Legal Notes 9

hoTline Phone: (952) 921-4622

By Thomas Revnew, esq., of seaTon, PeTeRs & Revnew

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Tel 952.921.4622 | Fax 952.896.1704 www.seatonlaw.com

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The Court’s decision therefore invalidates hundreds of deci-sions issued by President Obama’s 2012 recess appointeesto the Board. Those decisions almost uniformly favoredunions over employers and non-union employees. Amongthe most controversial of these now-invalid decisions are:

• WKyC-TV, 359 N.L.R.B. No. 30, (Dec. 12, 2012), inwhich the Board overturned 50 years of precedent and heldthat an employer's obligation regarding the checkoff ofdues--if contained in a collective bargaining agreement--continues after contract expiration, absent a specific con-tractual right to terminate such a requirement.

• Banner Estrella Medical Center, 358 N.L.R.B. No.93 (July 30, 2012), in which the Board substantially limitedemployers’ ability to request or require that interviewedemployees maintain confidentiality about the interview dur-ing an internal investigation.

• Finley Hospital, 359 N.L.R.B. No. 9 (Sept. 28,2012), in which the Board held that an employer that nego-tiates a wage increase with its union must continue to offersuch wage increase after contract expiration and duringrenewal contract negotiations, even though the previouswage increase was only for the duration of the expired col-

lective bargaining agreement.

• Karl Knauz Motors Inc., 358 N.L.R.B. No. 164 (Sept.28, 2012), in which the Board found that policies requiringemployees to be courteous in the workplace, and refrainfrom using profanity, are unlawful under the NLRA, as suchpolicies potentially “chill” employee free speech and orga-nizing rights.

The overturning of these, and other decisions, will return thelaw, at least for now, to the prior status quo under the Clin-ton and Bush NLRBs and is a very favorable result foremployers and non-union employees (more than 93% of theprivate sector workforce). However, it is likely that most ofthe invalidated decisions will be returned to the currentNLRB for reconsideration. Because the members of thecurrent Board have now been properly appointed by Presi-dent Obama, and confirmed by the Senate, it is probablethat many of the invalidated decision will simply be reissuedby the current Board.

Feel free to contact Tom Revnew with any questions youmay have about this new case, and how it may affect yourbusiness.

Legal Notes...Continued from Page 9.

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

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

Legislative Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

MsBOa PlannerSave these dates!

Minnesota School Bus Safety Committee

Meets 3rd Weds. of Every Month

Locations Vary

Contact: LeAnn Livingston 651-982-8193

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

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 PatrolContacts

Listed 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!

in This issue:

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

Msboa summer 14

Documents

Transcript of Msboa summer 14