November 2012

Volume 42 Issue 10 • November 2012

MN SCHOOL BUS SAFETY EXPO IS JANUARY 18-19, 2013...FULL CONFERENCE AGENDA INSIDE!

OperatorThe

Upcoming Winter MN School BusSafety Expo NOT to be Missed!!!!By Shari Danzeisen

Plans are well underway for the upcoming MN School Bus Safety Expo on January 18-19, 2013 in St. Paul. There are some

exciting presentations planned for this year, and “hands on” demonstrations making this event an extremely important one

for all involved in student transportation.

We will start our conference with a presentation entitled: “Social Media Reactions: The Good, Bad & The Ugly.” This pre-

sentation prepared by Goff Public will show us how to react to different social media. Student videotaping your driver? Dri-

vers using and friending students on Facebook? Students or parents tweeting about your business on Twitter? We will

explore this and what we can do to maximize and minimize the use of social media in our work.

Tom Revnew of Seaton, Peters, and Revnew will be presenting: Transportation Contracts: What You Want & What You

Don’t. Myths and rumors about what is mandatory in contracts will be discussed. A panel of both school transportation direc-

tors and contractors will be on hand to answer questions as well.

After lunch on Friday, we will spend the rest of the afternoon participating in “Not an Ordinary Day - Preparing for the

Unexpected!” We never expect them, we never wish for them, but they can unfortunately happen. A day where

things are not “ordinary” in student transportation. When things do not go as planned. The best way to combat

days like these is by having your entire staff prepared for a variety of emergency situations. There are 5 half-hour

live on-bus emergency demonstrations being prepared for attendees to participate in with topics such as: Special Needs

Evacuation Drill, Special Needs Required Evacuation Plans, Fire on the Bus, Cutting Seat Belts, Tornado and Severe Weath-

er Reactions, Seizure Reactions, and a demonstration of Safety, Security and Emergency Video Surveillance.

During the demonstrations, and intermissions between demonstrations, our vendor expo will be open to participants. The

whole afternoon will center around the theme of Preparing for the Unexpected with vendor members participating in many of

the demonstrations with ideas and products as well. It is sure to be an exciting, enjoyable and informative afternoon.

We will wrap up the first day with the “Hour of Awesome” sponsored by Seon. Network with your fellow transportation col-

leages and enjoy food, fun, drinks, and perhaps a few surprises!

The following morning we will reconvene with the State Patrol sharing any updates in regulations.

We will then return to our theme of “Not an Ordinary Day - Preparing for the Unexpected!” with a presentation by Police Chief

Jeff Herr entitled, “Run, Fight, Hide - Surviving an Active Shooter Event.” Is your school and business prepared for an

extreme act of violence? Chief Herr will share information on how to protect yourself and your employees.

This conference is not to be missed! It could save a life.

Register online at www.msboa.com TODAY!

It is an honor to have the Board of Directors ask and elect

me to serve my last year on the board as President of the

MSBOA. On behalf of the membership of the MSBOA, I

would like to say a sincere thank you to Doug Grisim for

serving as our President for the last three years. He has given his time and tackled

some tough issues during his tenure as President and has done a GREAT JOB!

THANKS DOUG!

It seems that we always have to be vigilante and ready to defend and answer ques-

tions about our industry. It appears that the yellow school bus is always being scruti-

nized

and is a favorite of the media and lawmakers. The MSBOA is always there to answer

any and all questions, good or bad, and to promote the safety and integrity of our

industry.

If any members are having issues, we would like to hear from you. We want to know

what is going on in your district with what superintendants, school boards and consul-

tants

are thinking and saying. Please keep us informed and remember the hotline that is

available to you with Tom Revnew's office.

I hope over the next year that I will have enough to say to fill a monthly column in this

newsletter. Some months might be good, some might be very short and some months

you might think that I am out in left field. You decide.

I trust that all of you exercised your right to vote in the general election and I wish you

a Safe and Happy Thanksgiving!

Gaylen

2

BBOARDOARD OFOFDDIRECTORSIRECTORS

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX 645.5635

[email protected]

TOM BURR, ELK RIVER

763.230.6020/FAX 241.0896

[email protected]

ROBBIE ELLIOT, MOORHEAD

218.233.3404/FAX 233.5769

[email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/FAX 533.8775

[email protected]

DOUG GRISIM, LAKE CITY

651.345.4112/FAX 345.2118

[email protected]

TOM HEY, MARSHALL

507.532.4043 / FAX 532.9398

[email protected]

KEN INSELMANN, WILLMAR

320.235.2110/FAX 235.1301

[email protected]

SHELLY JONAS, ANNANDALE

320.274.8313 / FAX 274.8027

[email protected]

BRIAN KOCH, WACONIA

952.442.3370/FAX 442.2665

[email protected]

JIM KOONST, BELLE PLAINE

952.873.2362 / FAX 952.873.6499

[email protected]

GAYLEN LENZ, MADELIA

507-726-6403

[email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / FAX 724.2432

[email protected]

CHARLES PETERSON, JR., ANDOVER

763.450.5385 / FAX 755.7622

[email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ FAX 334.2039

[email protected]

JIM SCHIFFLER, MINNEAPOLIS

320.266.1312 / FAX 251.6547

[email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / FAX 546.2886

[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. ADDITIONALSUBSCRIPTIONS ARE $24.00 AYEAR. COPYRIGHT 2012.

MEMBERS MAY MAKE PHOTO-

COPIES OR USE ARTICLES AS

NECESSARY PROVIDING THE

SOURCE IS CITED.

CO-EDITORS:

SHARI DANZEISEN & SHELLY

JONAS

LAYOUT & DESIGN: SHARI DANZEISEN

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

PRESIDENT

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

At the time of this writing there are seven days before the 2012 National and State elections.

The race for the Presidency is too close to call, as well as many State races. Those elections

for Federal and State Office will determine the direction of government for the next four years

pertaining to budgets and policy. After the elections have past, it will be time to focus on State

legislative proposals. MSBOA will be keeping members aware of proposed legislation dur-

ing the 2013 State Legislative Session. MSBOA will solicit input from members in order for

MSBOA to formulate our organization’s response to possible legislative proposals that are

introduced by State Agencies, Legislators, or other organizations.

MSBOA recently received the Minnesota State Patrol’s list of items that will be in the Patrol’s “housekeeping” bill to be intro-

duced in the Legislature in 2013. The Patrol has basically five amendments to State Law that affect school bus operators

and/or drivers. Two of the amendments affect school bus drivers and three pertain to TYPE III Vehicles. The first amend-

ment would change the definition of a TYPE III Vehicle to allow for Suburban Utility Vehicle (SUV) to be added to the term

“passenger vehicle.” This amendment the Patrol feels makes the statute clear.

The Patrol’s second proposal would make statute clear that school bus drivers may not operate a school bus while com-

municating over, or otherwise operating, a cellular phone for personal reasons, whether handheld or hands free, when the

vehicle is in motion or part of traffic. The Patrol would like to mirror State Law for all other drivers, more clearly defining the

prohibition on school bus drivers from texting while driving. For school bus drivers this would make it clear no texting, talk-

ing, or surfing with your personal phone for personal use when stopped at a light or motionless in traffic.

The third amendment would make it a defined requirement that School buses and Head Start buses equipped with should

and lap belts will be properly used by drivers. The shoulder and lap belts be properly adjusted and fastened and worn by

the driver. This would require that seat belts, lap and shoulder, be adjusted and fastened, not just used.

The fourth amendment, offered by the Patrol, clarifies that the term Passenger Vehicles and the term TYPE III are inter-

changeable and are synonyms in Minnesota State Law. However, the main purpose of this section is to state that Passen-

ger Vehicle and/or TYPE III Vehicles “may” carry a fire extinguisher, first aid kit, and warning triangles if there is a label in

the driver and front passenger area giving the location of the items.

Lastly, the Patrol would like to make statute clear that operators of TYPE III vehicles and Head Start vehicles provide notice

to their employer/contractor of receiving notice that their license has been suspended or revoked. This proposal would

require the driver to notify their employer “before the end the business day following the day the employee received the

notice of suspension or revocation.” MSBOA members may want to have an internal policy requiring a driver to immediately

inform the contractor/employer of a driver being notified of limitations, suspensions, or revocations. The Patrol is advocat-

ing for notification to occur before close of business the day after the driver has been notified.

MSBOA will continue to monitor State legislative proposals and keep members apprised of issues affecting school bus con-

tractors as they arise. If members have questions or comments, then please feel free to contact me at Thomas@keliher-

mn.com

3

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

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

See the agenda inside this newsletter andregister at www.msboa.com for the

Minnesota School Bus Safety Expo!!!

When Ty called and asked me to say a few words at Jim’ service, I was flat-

tered. How can I do justice in talking about Jim in only a few minutes?

He was my mentor and one of my best friends. Our families attended many

state and national school bus conventions over the years. We feel we have

been very lucky to have Jim and Jan and their family as our friends.

Jim started driving school bus while in his 20’s for Warren Legg while still

working for his dad in the feed business. In 1965 Jim purchased that business

and that became Johansen Bus Service.

In 1974 when I came into the school bus business, one of the first people I

met was Jim Johansen. Jim was very devoted and helped shape the school

bus industry as we know it today. During extreme cold weather, he would

even sleep at the bus garage to make sure his busses would start. As secre-

tary of MSBOA, he helped write the first school bus inspection program. Jim

spent many years as secretary and spent many years on the board of direc-

tors of the Minnesota School Bus Operators Association. He also was on the

board of directors for the National School Transportation Association for many

years.

Jim was very respected locally, statewide and nationally for his dedication to the school bus industry. He was nationally rec-

ognized by the NSTA with both the “Golden Merit Award” given for excellence in service, safety, and community responsibil-

ity and the prestigious “Hall of Fame Award” this award is given for long-term efforts in the school bus industry. Only 41 peo-

ple have received this award nationally.

Many of us went to his retirement party at the old Milwaukee depot but he just didn’t retire. It was a good party and Jim liked

a good party. In fact, he was known as one of the original members of the “Minnesota Drinking Team” at the national bus con-

vention years ago. We talk about Jim, but we should also

thank Jan for supporting Jim in all his endeavors.

For close to 40 years we went fishing in June for MSBOA

and hunted pheasants in October. In recent years Ty or

Lezley would always be there so he could continue to

make these trips. Ty doesn’t know if he can make the trip

this year so I asked Karin if she could at least send her

Monster Cookies.

I have to tell you about one of our bus operators fishing

trip. Someone decided our cabin should streak the large

cabin. Well, we did. As we were going thru the other place

tipping over dice table and such, someone said I don’t

know who they are but one sure looks like Johansen.

A truer friend I could not have asked for. Thanks Jim, it

was a good ride.

4Jim Johansen, Past Officer of MSBOA DiesEulogy given at Jim’s Funeral as written by Marvin Hey

Jim and his wife, Janis.

As all of you probably know, I’m Shelly Jonas. I’ve probably talked to you over the phone or

you’ve read my newsletter articles over the years, but I thought some background information

may be interesting.

I started working for the MSBOA in 1998. I also work for M & M Bus Service and Vision Trans-

portation as their financial controller. I have a long history with the school bus industry as my

dad is Roger Millner who served on the MSBOA Board over 30 years, so I have been going to

conferences and MSBOA events ever since I was a little girl. I have a degree from St. Cloud

State in Accounting, but often ended up helping drive routes when drivers were sick and unable

to fill their routes, so I never truly got away from the bus business.

I am married to Kurt and have three children. My oldest, Ben, is a junior in high school. My

daughters Maddie & Kate are in 8th grade and 2nd grade. You can usually find us on the week-

ends at football field, softball field or hockey arena. We enjoy camping, biking and traveling

when we can. I am also on the City Council in Annandale and volunteer at my children’s schools

and church, so we are a pretty busy family!

I’m looking forward to serving as a board member of the

MSBOA. I have a lot of passion and drive for this indus-

try and am excited to wear a new hat to better serve your

company and the children in Minnesota who ride the yel-

low bus.

Continued on Page 6.

5

I have worked in the school bus business for many years as I have grown up in the Minnesota

Coaches family. I am lucky to have had the opportunity to learn from my dad, Pat Regan, and

the many talented employees who are part of the organization. Since I might have difficulty

claiming a lot of productivity in my early years in the bus business, I will fast forward to my 3

full years of work after playing hockey for four years and graduating from the University of Notre

Dame in May ’09. I started working at our Hastings office for a little under a year until moving

to Faribault to help with the day to day management at Faribault Transportation. I had the plea-

sure of getting to know and being trained by Tom Merrill which was a huge benefit and although

filling Tom’s shoes is impossible, I have enjoyed my time in Faribault working with so many

great people. I am excited to join the MSBOA Board and contributing to the many positive caus-

es of this great organization.

Welcome New MSBOA Board Members

Garrett Regan

Shelly Jonas

Make sure to Register for theupcoming

MN School Bus Safety ExpoJanuary 18-19, 2012

www.msboa.com

6

My name is Tom Burr and I live Rogers Minnesota, which is located in the Elk River School

District. I have been in Rogers since 1995 with my wife Jana and my daughter Kendra.

I have been involved in school bus transportation since the 3rd grade when we moved to a

location in Cannon Falls, MN that required me to ride the school bus to and from school.

School bussing has been my only real job as an adult. I began driving school bus in St. Cloud

in 1984 to supplement my college income, which was next to nothing. Gladys trained me in

and I think we spent more time having lunch at her favorite café versus out on the road. I say

that in jest, she did a nice job teaching me the “ins and outs” of driving a school bus. There

was no route available once I became licensed, so I spent some time as an assistant on a spe-

cial education bus. This really opened my eyes. Coming from a small town, I was not accus-

tomed to kids with special needs. During that era, special needs kids were in a classroom

down the hall and rarely seen. On the special ed bus, I became fast friends with John David. He was 20 years old with Downs

Syndrome. He was older than I was, and often came to school in his cowboy outfit.

A route became available at 2:15 p.m. one afternoon and I was thrown on it. Unfortunately, the route began at 2:00 and to this

day, I have no idea where the route ran. I wasn’t from St. Cloud and didn’t know the area well. I was also somewhat rusty to

driving the bus having spent 3 months as an assistant. Needless to say, it was a learning situation, one that I will never for-

get. Come to find out, this route also had some discipline issues, which is why the route became available at that afternoon.

I spent a few months, it felt like years, on that route suffering with spitballs the size of softballs coming up front. It wasn’t long

before I was moved and the “enforcer” took over the route. I was appreciative for the second chance and I made the most of

it. I spent three years scheduling college classes around my school bus schedule to drive my a.m. and p.m. route. After grad-

uating from college in 1987, I was pondering what to do with the rest of my life. The Operations Assistant job for the St. Cloud

Public Schools opened up so I thought I would give it a shot. My transportation “office” job began in 1987. That job was rarely

in the office, mostly spent covering routes, etc. In 1990, I became the Supervisor of Transportation for the St. Cloud School

District and held that position until 1994. From June of 94 to May of 2000 I was the Transportation Director for the Wayzata

School District. This job took me out of the bus garage and into an administrative school district position. In May of 2000 I

made the move to the private side of school bus transportation, I was given the opportunity to “build” a school bus company

with St. Louis Park Transportation for the St. Louis Park School District, which I did from 2000 until 2010. From 2010 to 2011

I did a stint as a school bus transportation consultant with CESO. In 2011 I was offered a position with Vision Transportation.

I’m back in the bus garage where I belong.

Tom Burr

HappyThanksgiving!

New MSBOA Board Members Continued from Page 5.

I’m writing to you today as the Ex-Officio Board member of MSBOA and not the President. I like it! Seriously, I would like

to publically congratulate the new Board members and the new Executive committee members. I am very positive about

their ability to lead this association for many years to come.

A few years back I found myself involved in an ongoing conversation with a gentleman over a period of about 2 weeks that

eventually had a life changing impact on me. After that I found a book titled “Words Can Change Your Brain” 12 conversa-

tion strategies to build trust, resolve conflict and increase intimacy, and I want to share a sampling of the 12 strategies with

you and encourage you to purchase and read the book. It’s by Andrew Newberg M.D. and Mark Robert Waldman. Before

entering into an important conversation you should do the following.

1. Relax: Stress is the #1 killer in the world, it generates irritability, irritability generates anger and anger shuts down the

ability to communicate and cooperate with others.

2. Stay Present: By focusing intently on your breathing and relaxation we can pull our attention into the present moment

which allows us to become aware of the subtle things that are happening immediately around us.

3: Cultivate Inner Silence: This is needed to give our full attention to what others are saying.

4: Increase Positivity: Take a mental inventory of your mood.

5: Reflect On Your Deepest Values: Identify your personal, relational and business values and try to align them with the

person you are conversing with.

6. Access a Pleasant Memory: Enter a conversation with an inviting expression that

conveys kindness, compassion and interest.

7. Observe Non-verbal Cues: Keep your eyes on the individual in order to discern the

non-verbal messages we may be sending. Maintain softness in your eyes.

8. Express Appreciation: The first words you speak will set the tone for the entire

conversation, and a single compliment may be all you need to enhance cooperation

and trust.

9. Speak Warmly: Convey your compassion and sensitivity.

10. Speak Slowly: It will increase the listener’s ability to comprehend what you are

saying and it deepens the persons respect towards you.

11. Speak Briefly: It’s a basic rule in Compassionate Communication to keep your

speaking to 30 seconds or less, then wait for the person to acknowledge that they’ve

understood you.

12. Listen Deeply: It’s a gift to give someone, since to be fully listened to and

understood by others is the most commonly cited deep relationship or

communication value.

Have a Great Day!

7

A CONTINUING SERIES OF BOARD COMMENTARIESNews and Views

call: 763-544-3319 Email: mobilemike@ mobileradioeng.com

�Service on All Major Brands!

�Wide Area & Local Dispatch Radios!

�GPS Tracking Systems!

�Leasing options available!

�FCC Licensing!

�Year 2013 narrow banding

�Camera and Video Systems!

Specializing in 2-Way RadioSales & Service Since 1948

Authorized Representives for: �Kenwood �Vertex �Harris

solutions & consulting!

12 Steps to Better ConversationsBy Doug Grisim, Lake City Bus Lines, Lake City, MN

8

MDE – Kelly Wosika Student transportation study going on.The Collaboration Efficiency StudentTransportation Survey being done isopen until Oct. 26th. There will also beindepth interviews with selected Dis-tricts.

The year end data report is now on theweb site.

MDE web site has a new link for Dis-tricts’ information. Eventually this willhave more information on each district.To access this go to the MDE site, wel-come to MDE, Schools and Organiza-tions, MDE org site.

Non- motorized transportation commit-tee, which includes ped. and bicycletraining has met. This information isrequired for all drivers’ ed. programs inthe State. There is a 20 minute .videoavailable from the league of AmericanBicyclists.

Student school bus safety trainingoverview is on the web site. The cur-riculum available for teachers is quiteold.

Safe Routes to Schools has a newapplication for grant money.

New document on the website abouthomeless students. Roberto Reyes isthe staff person for homeless.

A question was asked about 4 and 5year olds riding the bus if they can bedropped without an adult present. Forregular ed. students the school dayends when they get off the bus. Par-ents have the responsibility to be at thestop or be responsible for them to getto their home.

Law Compliance- Brian Reu Working on updating flyers andposters, want them to be more interac-tive.

Have done saturations in southwestMN.Changes in inspections should make iteasier.

School Bus Safety Week is next week.

Duane Bartels – Outstate communication centers haveconsolidated. Rochester and Rosevilleare the only two left. All stop arm infor-mation will come from one of these twocenters. New fax numbers will be avail-able to those that used the old centers.

Medical Cards-Doctors will need to becertified to do these physicals nextyear. Check with your clinics to makesure they are going through thisprocess.

Deb Carlson Running the BCA checks before alicense comes due is working well.Some denial letters are going outbefore the renewal is done by the dri-ver.

Held trainings at sites doing MedicalCertifications and how they can do this.If a driver waits until the last minute toturn these in have them go directly to alicense center to have this informationput in. This will then show up once it isentered, which generally should bedone while the customer is there. Cen-ters should not be clipping the licenseswhen only updating medical informa-tion. They also were trained how tocorrect a driver’s self-certificationselection when it is obviously incorrect.

There is still a back up on enteringmedical information. They are down to1700 from 3000. Don’t send a coversheet when you fax and send each dri-ver in individually and not as one trans-action.

Waivers must also have a self-certifi-cation attached and must be legible.

Web based system is real time tocheck driver’s status. Sites used tocheck MVR’s are not real time.

Audit completed with BCA about han-dling of criminal history records. Denialletter will now include informationabout how to appeal criminal historywith the FBI.

Type 3 medical waivers are treated likeany other School Bus waiver.

FSCSA did an audit of the CDL skillstest.

Road testing is still back logged. Willbe hiring 3-4 more staff. Five newexaminers will be trained the last weekof October.

TTT- Ray Kroll Ray gave a history about TTT.

The dates for 2013 are July 9-12 inHinckley

Rodeo –Sherry CaseSherry reported that the Road-eo willbe June 1, 2013 probably back in themetro area which is a better locationfor improved attendance.

Poster contest- Cindy McKay We need schools to participate.

Cindy has e-mailed the information outto Districts.

Stake Holders Group- Emily White Most of the information has been cov-ered. The group did talk about consoli-dating the four meetings when Stake-holders meets. We will talk about hismore at the November School BusSafety meeting to work out the details.

MAPT – John ThomasFall meetings will be held tomorrowOctober 18th. The web site has infor-mation as to the locations throughoutthe State.

Joint winter conference will be Jan. 18-19 in St. Paul again at the CrownPlaza/River Center.

New Business: It was mentioned that Jim Johansonrecently passed away. Jim was a longtime bus person in the twin cities.

Respectfully submitted,Emily White, Secretary

Minnesota School Bus Safety Committee Wednesday October 17, 2012

Osseo District

Since August of 2011, the National Labor Relations Board (NLRB) has issued three comprehensive memorandumsregarding employers’ social media policies and the National Labor Relations Act (NLRA). In the past few months, theNLRB issued three additional decisions finding that the social media policies of three separate employers could be inter-preted to violate the NLRA by chilling employees’ rights to discuss their terms and conditions of work.

Frequently, the social media policy included in an employee handbook will contain language governing what an employee may or may not post in socialmedia regarding his employer. While this may seem like a sensible and harmless request, the NLRB has found many such provisions to violate anemployee’s right to freely discuss working conditions under the NLRA.

Generally, employers’ social media policies violate the NLRA if the policy intends to stop (or “chill”) an employee from engaging in protected activityunder “Section 7” of the NLRA. There are two primary “rules” regarding social media policies: (1) employer policies cannot be so broad as to prohibitthe activity that is protected by federal labor law (i.e., discussion of wages or working conditions among employees); and (2) an employee’s commentson social media are generally not protected if they are “mere gripes” and not comments made with the goal of starting or continuing group action amongemployees.

Rules that are ambiguous as to their application to Section 7 activity, and contain no limiting language or context that would clarify to employees thatthe rule does not restrict Section 7 rights, are unlawful. The following are various examples of employer social media policy provisions that have beendetermined by the NLRB to be unlawful:

• Prohibiting employees from posting pictures of themselves in any media depicting the company in any way, including a uniform or corporate logo• Prohibiting employees from making disparaging comments when discussing the company or the employee’s superiors, coworkers or competitors• Subjecting employees to discipline for engaging in “inappropriate discussions” about the employer, management or coworkers• Prohibiting employees from using any social media that may violate, compromise, or disregard the rights and reasonable expectations as to privacy

or confidentiality of any person or entity• Prohibiting “any communication or post that constitutes embarrassment, harassment or defamation of the [employer] or of any employee, officer, board

member, representative, or staff member”• Prohibiting “statements that lack truthfulness or that might damage the reputation or goodwill of the employer, its staff, or employees”• Prohibiting employees on their own time from “talking about company business on their personal accounts;

from posting anything they would not want their manager or supervisor to see or that would put their job in jeopardy; from disclosing inappropriate or sensitive information about the employer; and from posting any pictures or comments involving the company or its employees that could be construed as inappropriate”

• Instructing employees not to share confidential information with co-workers unless they need the information to do their job, and not to have discussions regarding confidential information in the breakroom, at home, or in open areas and public places

• Instructing employees to report inappropriate internal social media activity• Instructing employees not to comment on legal matters, including pending legislation or disputes• Warning employees to avoid harming the image and integrity of the company• Prohibiting employees from expressing personal opinions to the public regarding the workplace, work

satisfaction or dissatisfaction, wages, hours or work conditions• Prohibiting employees from making disparaging or defamatory comments• Prohibiting employees from using social media to engage in unprofessional communication that could

negatively impact the employer’s reputation or interfere with the employer’s mission or unprofessional or inappropriate communication regarding members of the employer’s community

The NLRB overturned all of these policies on the grounds that the prohibitions could be reasonably construedto prohibit protected discussion about an employer’s labor policies or treatment of employees or terms andconditions of employment, or specifically encompass topics related to Section 7 activities.

In contrast, rules that clarify and restrict their scope by including examples of clearly illegal or unprotectedconduct, such that they would not reasonably be construed to cover protected activity, are not unlawful. Tothat end, the NLRB has upheld the following policy provisions as legal:

• Provision stating that harassment, bullying, discrimination, or retaliation that would not be permissible in the workplace is not permissible between co-workers online, even if done after hours, from home and on home computers Continued on Page 11.

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

10

HOGLUND BUS AND TRUCKThe Transportation Specialists

Sales department has 13

Call today (800)-866-3105

Service department has 24

Call today (866)-286-1320

Parts department has 13

Call today (800)-866-3104

The Body Shop has 18

Call today (763)-295-5000

tion SpecialiststaansporTrhe T

S AND TRBUUND HOGLtion Specialists

KUCS AND TR

-866-3105y (800)odal tCal

t has 13 ales departmenS

-866-3105

t has 13arts departmen

-286-1320y (866)odaCall t

t has 24vice departmenSer

P

-286-1320

t has 24

-295-5000y (763)odaCall t

The Body Shop has 18

-866-3104y (800)odaCall t

-295-5000

-866-3104

Don Hoffman died at St. Mary’s Hospital in Rochester, MN, on Saturday, October 20,2012 after battling lung cancer at home with Mayo Home Hospice.

He was born December 29, 1931 in Red Wing, MN to Albert and Lillian (Hanson)Hoffman. He graduated from Red Wing High School in 1949 and enlisted in the USAir Force. He served in Okinawa, Japan during the Korean War as a radio operator.In July 1954 he married Margaret Elwood, of Lake City. After leaving the military heworked for the Minnesota State Patrol as a radio dispatcher. He started drivingschool bus and working in the office as a part time job. In 1968, he started workingfull time as a co-manager of Rochester School Bus Service and RSB Coaches.Eventually, he became the sole owner of the company. In 1992, he sold RochesterSchool Bus Service to Laidlaw, now First Student. In 2005, he retired and sold RSBCoaches to Minnesota Coaches in Hastings, MN.

In 1963, Don served as the president of the Hiawatha Paraplegia Group and repre-sented the local chapter at the National Convention in Los Angeles, CA.

As a member of the National School Transportation Association (private school buscontractors trade association), he served as Treasurer for over ten years and com-puterized their financial records. Don proceeded on to serve a two year term as pres-ident. In July 1996, at the NSTA National Convention in Minneapolis, MN, he wasinducted into the NSTA Hall of Fame.

Don was a long time board member of the Minnesota School Bus Operators Associ-ation (MSBOA) and in 2009 was awarded the Lifetime Achievement Award.

He was an active member of St. Francis of Assisi Church and a member of the FourthDegree Knights of Columbus.

Golfing, gardening with Margaret, fishing trips to Canada with his buddies, andmotorcycle riding, were his favorite pastimes. Don recently became a member of theHarley Owners Group (HOG). He also enjoyed traveling across the US and abroadwith family. Don looked forward to spending time with his family and friends at hissummer home in Lake City.

Survivors include his wife, Margaret, of 58 years. He has four children; William (AnnBeauseigneur) Hoffman of Rochester, Daniel (Lillian) Hoffman of Little Rock, AR,Deborah Hoffman of Rochester, and Jennifer (Roy Lovejoy) Hoffman of Rochester.Don has eight grandchildren, one of whom preceded him in death, and one great-grandchild. He is also survived by two brothers, Kenneth (Edith) Hoffman of LakeCity and Wayne Hoffman of Portland, OR.

The family encourages any memorials to Lourdes High School, St. Francis of AssisiChurch, or Mayo Hospice.

Ed. Note: Fellow members of MSBOA share condolences with the family:

“Don was truly a leader in the school bus industry. His dedication made safer trans-portation for school children today. Our prayers are with the family.” ~ Marv & JanHey

“Don was an amazing person whose contribution to the school bus industry willalways be remembered.” ~ Tami and Ken Spanier

“Don was a man who contributed much to the school bus industry. We thank Donfor the commitment of his life work to safely transporting school children to and fromschool every day. Our industry and thousands of kids are better off today becauseof his dedication and hard work. We want to strive to continue the legacy of his workby being the best we can be in all we do.” ~ Bruce and Donna Dischinger

Don Hoffman in 2009 as he received the

MSBOA Lifetime Achievement Award.

DON HOFFMAN, PAST OFFICER OF MSBOA DIES

On September 4th, Deianerah “DJ” Logan started her first day as a high school senior in Byron, Minnesota. She would never return home to tell herfamily about that first day of school. DJ struck the back of a stopped school bus and was killed. Details of the crash were released to the family inOctober and the family confirmed that she was texting. Her family spoke to her fellow students in Bryon and urged them to not text and drive. Theyalso issued and open letter and hope to expand their message beyond Byron.

According to the CDC, every day in the United States 15 people die and 1200 are injured due to distracted driving. In 2009, 1000 deaths were attrib-uted to distracted driving with the primary distraction being the cell phone.

Another disturbing statistic is that younger drivers are using their cell phones in much higher percentages. Overall, 25% of drivers in the United Statesreported that they talk on their cell phone "regularly" or "fairly often" while driving. However, nearly 40% ofdrivers 18-29 report that they regularly use their cell phone. And most alarming, 25% of them report that theyemail or text while driving.

Distracted driving is the number one killer of American teens. Alcohol-related accidents among teens havedropped. But teenage traffic fatalities have remained unchanged, because distracted driving is on the rise.(Children's Hospital of Philadelphia and State Farm Insurance Study and NHTSA Study)

While over 90% of teen drivers say they don't drink and drive, nine out of 10 say they've seen passengersdistracting the driver, or drivers using cell phones. (National Teen Driver Survey)

DJ Logan’s death was tragic and needless, but perhaps the school bus community can help this familyspread her life changing lesson and help other teens from making the same mistake.

The open letter from the Logan family is printed below:

Seven weeks ago today our daughter died in a tragic car accident, with the investigation of the accident nowcomplete, you can imagine the details about our daughter’s untimely death are devastating to our family, herfriends and to those that knew DJ. Her error in judgment as a teenager in this brief moment in time, was paidfor with the highest price ever…her LIFE. We would much rather be grounding her for this mistake than neverhearing her laughter fill the house again.

Cell phones are a distraction for many while driving. As parents we need to educate and live by example bylimiting our phone use while in the car. Our beautiful DJ was a good kid, with good grades, great friends, aperfect driving record and loved life. She made a mistake like all teenagers do in the process of growing up.Except this time there is no growing up. We can only pray that others can learn from her. As the days keeppassing, her “2013” graduating class, Byron students, and surrounding supportive communities pleaseremember DJ’s life changing lesson…Don’t Text and Drive.

We cannot Thank everyone enough for the unbelievable support that our family has received through thisextremely difficult time.

Matt, Megan, Pierce, Chanelle and Javin Logan

11

A Nationwide Distributor

of School Bus Parts

and Safety Equipment

CALL TODAY TO ORDER!Toll Free: 800-937-3906

Texting to Blame for Fatal Crash on 1st Day of School

Legal Notes Continued from Page 9.• Rule stating that employees may not post anything on the internet in the name of the employer or in a

manner that could be reasonably be attributed to the employer without prior written authorization

• Rule requiring employees to maintain the confidentiality of the employer’s trade secrets and private and confidential information

In light of these decisions, the best advice would be to carefully review your social media policies and ensurethey cannot be interpreted as limiting the rights of your employees under the NLRA. When reviewing yourpolicies, consider the following:

• Identify expectations for use of social networking sites, and related use of the employer’s time and equipment.

• Provide notice that employees must abide by the employer’s “code of conduct” and other policies established in the company’s employee handbook when posting comments on social networking sites.

• Prohibit employees from implying that they are a company spokesperson unless the employee is expressly authorized to do so.

• Ensure that the policy does not attempt to regulate employees’ legal, after-hours conduct.• Include a disclaimer stating that nothing in the company policy is intended to interfere with protected

concerted activity.

MS

BO

A

10

60

6 H

em

lock S

t. N

W

An

na

nd

ale

, M

N 5

53

02

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

January 18-19, 2013MN School Bus Safety ExpoCrowne Plaza & St. Paul River CentreSt. Paul, MN

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

Northern Region

Sergeant James Senenfelder

Northern Regional Trooper

Phone (612) 360-5172

E-mail: [email protected]

Metro Region

Sergeant Paul Davis

Metro / Central Regional Trooper

Phone (612) 685-4820


Southern Region

Sergeant Chad Dauffenbach

Southern Regional Trooper

Phone (507) 430-0791


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:

November 2012

Documents

Transcript of November 2012