december 2012

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Volume 42 Issue 11 • December 2012 MN SCHOOL BUS SAFETY EXPO IS JANUARY 18-19, 2013...FULL CONFERENCE AGENDA INSIDE! Operator The Media Spotlight Turns to School Bus Drivers Shelly Jonas School Bus Driver Kicks Autistic Student off Bus, Literally – Tampa, Fla. October 2012 School Bus Driver Removed from Route for Allegedly Bullying Student – Ottawa, CA October 2012 School Bus Driver Accused of Choking Student – Monticello, MN November 2012 School Bus Driver Used Duct Tape to Restrain 5 year old Special Needs Student – Missouri, October 2012 The media this fall seems to have had a spotlight on school bus driver actions, especially those on special needs trans- portation. While there is always a lot more to the story behind the headline, we should be asking as to why this is going on. Lack of support in the school district? Lack of training? Lack of funding causing a poor applicant pools? All of the above? Something else entirely? Unfortunately because there is very little follow up in the media on these cases, we often do not get to hear the full story. Still, it puts fear into some parent’s minds about who is driving their children, especially special needs students who may be unable to communicate with their parents about the bus ride home. And, if you’ve spent any time in a driver’s room, you know that these headlines trouble drivers as well. Are we training drivers on what to do if they are physically attacked by a special needs student like in the Tampa, Florida headline? Have you had a discussion with your drivers about how autistic students may be affected by changes in their rou- tine? Are we supporting our drivers in light of the lack of resources at the school? Or do we sometimes simply hope that nothing bad happens? The Ottawa bullying incident details seem like it may have been a bad joke gone wrong. The driver put names on the stu- dent’s hats. A four year old was named “Trouble”; other students had names as well, but not “Trouble”. The parent felt that her child was being shamed and if he was causing problems, the driver should have handled it differently. The driver stated that the student wasn’t trouble, so it appears that this may have been some kind of nickname or joke, but still, the driver should have known better. The parent demanded that the driver be fired, but relented after an apology and moving the dri- ver to another route. Drivers should be friendly, but not be friends with students. It can be a difficult line for some drivers to understand. Still, it seems to be a mistake and not really headline worthy, but definitely worthy of some coffee break discus- sion about how a parent may interpret an “innocent” joke. Student behavior management doesn’t come to all drivers equally. One tip I recently read is that drivers should attempt to have 3 positive interactions with each student on the bus every day. That way, when the driver needs to use a negative rep- rimand, the student is less likely to feel picked on or singled out. The positive interactions can be as simple as a good morn- ing, a thumbs up, a “thank you” for sliding over or other positive bus behavior. This might be an easy rule for drivers to work on during their route, especially those that sometimes struggle. We know that school bus drivers very often have a difficult job. Hopefully we can use the media spotlight to see what we can do to improve ourselves.

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Volume 42 Issue 11 • December 2012

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

OperatorThe

Media Spotlight Turns to School Bus Drivers Shelly Jonas

School Bus Driver Kicks Autistic Student off Bus, Literally – Tampa, Fla. October 2012School Bus Driver Removed from Route for Allegedly Bullying Student – Ottawa, CA October 2012School Bus Driver Accused of Choking Student – Monticello, MN November 2012School Bus Driver Used Duct Tape to Restrain 5 year old Special Needs Student – Missouri, October 2012

The media this fall seems to have had a spotlight on school bus driver actions, especially those on special needs trans-

portation. While there is always a lot more to the story behind the headline, we should be asking as to why this is going on.

Lack of support in the school district? Lack of training? Lack of funding causing a poor applicant pools? All of the above?

Something else entirely?

Unfortunately because there is very little follow up in the media on these cases, we often do not get to hear the full story.

Still, it puts fear into some parent’s minds about who is driving their children, especially special needs students who may be

unable to communicate with their parents about the bus ride home. And, if you’ve spent any time in a driver’s room, you know

that these headlines trouble drivers as well.

Are we training drivers on what to do if they are physically attacked by a special needs student like in the Tampa, Florida

headline? Have you had a discussion with your drivers about how autistic students may be affected by changes in their rou-

tine? Are we supporting our drivers in light of the lack of resources at the school? Or do we sometimes simply hope that

nothing bad happens?

The Ottawa bullying incident details seem like it may have been a bad joke gone wrong. The driver put names on the stu-

dent’s hats. A four year old was named “Trouble”; other students had names as well, but not “Trouble”. The parent felt that

her child was being shamed and if he was causing problems, the driver should have handled it differently. The driver stated

that the student wasn’t trouble, so it appears that this may have been some kind of nickname or joke, but still, the driver

should have known better. The parent demanded that the driver be fired, but relented after an apology and moving the dri-

ver to another route. Drivers should be friendly, but not be friends with students. It can be a difficult line for some drivers to

understand. Still, it seems to be a mistake and not really headline worthy, but definitely worthy of some coffee break discus-

sion about how a parent may interpret an “innocent” joke.

Student behavior management doesn’t come to all drivers equally. One tip I recently read is that drivers should attempt to

have 3 positive interactions with each student on the bus every day. That way, when the driver needs to use a negative rep-

rimand, the student is less likely to feel picked on or singled out. The positive interactions can be as simple as a good morn-

ing, a thumbs up, a “thank you” for sliding over or other positive bus behavior. This might be an easy rule for drivers to work

on during their route, especially those that sometimes struggle.

We know that school bus drivers very often have a difficult job. Hopefully we can use the media spotlight to see what we can

do to improve ourselves.

The election has come and gone. Do you know who got

elected in your district here in Minnesota? Do you know the

person who got elected? Have you ever spoken to that per-

son before?

These are questions that need to be asked. The whole political landscape in Min-

nesota has changed and we need to keep a watchful eye on what may or may not hap-

pen over the next two years. I talked to Tom Keliher shortly after the election to get

his perspective on the next two years. It will be a wait and see approach. He will be

keeping an eye on who becomes the chairperson for each committee and keep us

informed. We ask each member of the MSBOA to take the time to introduce yourself

to your local legislator. I believe that the MSBOA made a great decision when we

hired Tom Keliher a couple of years ago and I appreciate how he quickly learned about

our industry and conveys our message at the Capitol. If you have never spoken to

Tom, I urge you to take a moment and give him a call to get acquainted.

What a fall season we are having. Could any of you have predicted that we would be

having temperatures in the 50's, 60's and even hitting 70 degrees this late in the year.

The majority of us have yet to see snow. But we all know how that can change over

night here in Minnesota. I am writing this article the day before Thanksgiving, so by

the time you read this in December, the weather might have taken a turn for the worse.

It is time for all of us once again to stress to our drivers about good winter driving

habits. To keep it slow and always be a defensive driver. I am a snowmobiler, so I am

hoping for snow. It's that darn freezing rain and ice that I hope does not materialize

this year. Let's keep it safe.

I pray that everbody has a wonderful and safe holiday season and I wish everbody a

Merry Christmas and may God Bless You All!

Remember, Keep a Smile.

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

All that remains for the new DFL Majority in the State House and the State Senate is to find

a balance between revenues and spending. In the last eight to ten years the State of Min-

nesota has shifted school payments, closed loop holes, raised fees, cut spending, but has

not raised taxes to balance budgets. Minnesota did not raise general fund income taxes.

Now there is a high probability of increasing some tax revenues, and/or creating some entire-

ly new taxes. As a result a strong win in the recent elections, the new DFL Majority in the

House and Senate will propose their tax policy and budget priorities in January.

The State’s cyclical budget shortfalls are likely to cause most new tax revenues to be earmarked to end ongoing budget

deficits. A combination of increased tax revenue, selected spending cuts, and new spending priorities for transit, the envi-

ronment, jobs, and education will be proposed. The task of balancing spending priorities and tax policy, while addressing

the State’s deficit will be a very difficult task for any Majority Party. When finished the 2014’15 budget might actually show

growth of less than 5% accounting for new revenue growth and inflation. The next two years school funding levels, repay-

ing the school shift, bullying in schools, and school bus safety will be topics discussed.

For the first time since 1990, a majority of State House, the State Senate, and the Governor are from one political party.

Many felt the State House would remain in Republican hands with control of the State Senate to close to call, depending on

partisan messaging. The new Minnesota State Senate Members have been elected to 4 year terms, while the newly elect-

ed State House Members, as well as the Governor will be up for election in 24 months. The change of political power at the

State Capitol is normal and reflects the general shifting of the views of the State’s voters between election cycles.

By the numbers, there are 73 DFL and 61 GOP members-elect to be sworn into the State House in January. In the State

Senate, there will be 39 DFL Senators and 28 GOP. The continuing theme over the last two election cycles has been the

large numbers of first time Legislators. This year’s election cycle has produced 42 freshman State House members out of

a membership of 134. In the State Senate there are 20 freshman, there also 20 second termers, meaning that 40 out of 67

State Senator have served two terms or less. The numbers of first time State Legislators, as well as the numbers of first

time Committee Chairman will cause the first month of the 2013 Legislative Session to move slowly. Orientation for new

members and committee presentations designed to educate freshman legislators and new staff. Lastly, no DFL incumbents

lost their reelection bid in the State House or the State Senate.

The Minnesota School Bus Operators Association (MSBOA) monitors and reviews proposed legislation at the State Capitol,

to identify and review legislation that may adversely affect bus operators. MSBOA develops and presents to the Legislature

an appropriate response to legislative proposals. Additionally, MSBOA presents our member’s view to the State Legislature

regarding Legislative proposals that promote bus safety and aids our industry. The issues affecting MSBOA are most often

in Education and Transportation Committees.

Committee structure is often based on seniority and mathematics and therefore the ’13-’14 committee structure includes 28

Committees in the State House and 16 committee in the State Senate. The House has a two Transportation Committees

one for policy and one for Finance, the Senate has one Transportation Committee. The House and the Senate both have

an Education Policy and Finance Committee. The Finance Committees are where final decisions are made on most issues.

Continued on page 6.

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!!!

Driving Fundamentals - Overhead ClearancesBy Keystone Insurers Group

Want to make the news? April 16, 2008, Seattle Washington: a bus carrying a

high school softball team hits a bridge overpass, shearing off its roof and injuring

five passengers. The police cited the driver, the media launched an investigation

of the bus company, the lawyers became involved and the whole thing could have

easily been avoided had the driver followed a few basic common sense rules.

First, it is important you know your bus clearance. If you don’t know, find out.

Become familiar with the possible overhead hazards on your route. These could

include tunnels, bridges, even telephone and power lines. Some overhead clear-

ances are marked, but many are not, and even maked height limits are not always

correct. Road construction resurfacing and even snow pack can reduce the safe

clearances since the original clearances were posted. When you are approach-

ing an overhead object and are uncertain that there is sufficient clearance for your

bus to drive through, SLOW DOWN. Unless you are certain that you can drive safely under it, STOP and take a different

route.

Other height and overhead exposure issues deal with road conditions and the trees are higher in the middle than the sides.

Likewise, overpasses are often higher in the middle than at the ends. You may need to travel near the middle of the road to

keep the top of the vehicle from hitting the overpass. In this case, you must be watching for and avoid oncoming traffic. Some

overpasses are single lane and require you to signal (blow your horn) before you proceed. Overhanging branches, signs and

wires are other causes of low clearances. Weather and age can lower these hazards, so be cautious. Just because they

are clear one day does not mean they will stay clear.

Backing presents another area where clearances need to be checked. Get out and look beofre you back, and not the clear-

ances in the area you plan on occupying when you back up. Avoid backing if possible.

Accidents involving hitting an overpass are almost always considered to be the fault of the driver, and they are among the

most avoidable of all accidents. Remember your bus height and watch for those overhead clearances.

4

Wishing you and yourfamily a very Merry

Christmas and a Happy New Year!

Shari Danzeisen & Shelly Jonas

5

Welcome New MSBOA Board Member

Make sure to Register for the upcoming

MN School Bus Safety Expo

January 18-19, 2012

www.msboa.com

Robert ElliotI was born October 23rd 1983 in Moorhead, Minnesota to Mike Elliott and Jennifer Hodgson. I am the oldest of 8 children in

my family.

I grew up in Moorhead attending school there until high school, when I then attended D-G-F in Glyndon, Minnesota. I was

involved in both football and basketball, as well as student council.

After High School I attended college at MSCTC in Moorhead, graduating with a business degree in December 2008.

I was married in 2009 to my wife Jana who is also from Moorhead and attended college at the University of North Dakota.

We have two wonderful boys Brody-2 and Dylan-1 that keep us very busy with different activities.

I have been working in the transportation industry since 2001 when I began work for Flying J Corporation, based in Ogden,

Utah at their Fargo location as a mechanic. I continued working there until January 2004.

In January 2004 I went to work for Sysco Food Corporation in Fargo as there logistics coordinator and driver trainer working

there until July 2009.

In August 2009 I began working full time for Mark and Jay at Richards Transportation in Moorhead, Minnesota. I had been

working for them part-time since 2005 driving School Bus, Motor coach, and Semi truck. I am currently working as our Safe-

ty Manager and Operations Supervisor.

Richards Transportation is a contractor for ISD 152 Moorhead Public Schools, we operate 39 school buses and 4 type III

vehicles transporting both special and regular education students. We also operate 8 motor coaches, and 14 semi trucks, so

I stay plenty busy.

I am very excited for the opportunity to serve as a board member for the MSBOA, I have been attending the conferences the

past couple years and have been fortunate to meet so many great people who are so passionate and dedicated to improv-

ing the school bus industry. I look forward to assisting in the continued improvement of the school bus industry and the efforts

of MSBOA. I thank the members again for allowing me the opportunity to serve as a board member.

House Education Policy Carlos Mariani – St. Paul,

House Education Finance Paul Marquart – Dilworth (west of Moorhead)

House Transportation Policy Ron Erhardt – Edina

House Transportation Finance Frank Hornstein – Minneapolis

Senate Education Finance Charles Wiger – Maplewood

Senate Transportation Scott Dibble (both Policy and Finance Chair)

At the present time MSBOA has been discussing with the Office of Pupil Transportation Safety and the Technical Sergeants’

the necessity to change the school bus inspection system. As proposed the new system would appear to have some benefit

to contractors, but, overall MSBOA does not see enough value in the draft proposal compared to the risk of school buses fail-

ing annual inspections due to non-safety items with a new higher passing standard.

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

be introduced in the Legislature in 2013. The Patrol has basically five amendments to State Law that affect school bus oper-

ators and/or drivers. Two of the amendments affect school bus drivers and three pertain to TYPE III Vehicles. MSBOA has

reviewed this proposal which will be discussed at the next Board meeting. A description of the changes is printed in the last

issue.

MSBOA will be keeping member contractors apprised of issues affecting the school bus industry. The Legislative Session

begins January 8th. If the opportunity presents itself, take 15 minutes, call your to talk to your new legislators. Introduce your-

self, explain what your company does in the community. If you have the same legislators as before still take the time to call

them, let them know what is important to you and your industry.

Need Legal Help? It’s Just a Phone Call Away!As a valued member of Minnesota School Bus Operator's Association, you are entitled to using Thomas Revnew of

Seaton, Peters & Revnew Legal Hotline free of charge. During each six month period, you will be entitled to two free

fifteen-minute telephone calls to the Hotline. MSBOA encourages you to use this free service. When using the hot-

line, please follow 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.

6Legislative Update Continued from Page 3.

Upcoming Winter MN School Bus Safety ExpoDon’t Miss this Opportunity!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, Severe Weather 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 colleages 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.

In September, a man fired from his job killed his boss and 4 others in Minneapolis. In

October, a troubled man went went to his estranged wife’s work at a spa in Wisconsin

and killed her and 2 others. According to the US Bureau of Labor & Statistics, 17% of

all workplace fatalities were the result of workplace violence. Have you discussed a plan

at your office in the event that a shooter would enter your office? Saturday’s presenta-

tion by Chief Herr will provide information on how to protect yourself and your employ-

ees.

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

Register online at www.msboa.com TODAY!

7

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MDE – Kelly Wosika

Kelly passed out copies of the ‘Vehicle’ which was just published. She also gave information about receiving this on-line.

‘Safe at Home’ applications are being reviewed. Gave a clarification on MARRSS reporting. Fiscal year 2012 is closing next

month. This determines State Aide for Districts.

DPS State Patrol Brian Reu

Take advantage of ‘Safe Routes to Schools’ the feds are not involved in this anymore. There are a lot of buses from 2005-

2010 on the recall list that has not done the recall work. EPA rebate program is due Dec. 14. It is broken down by weight

classification. Talked about the fatal crash in Inver Grove last week. It will be several months for final report. In the Byron

crash the girl driver was shown to be testing at the time of the crash.

Paul Davis

Talked about the gun that was found on the road near a school bus stop. Reminder that dangerous weapons should never

be transported on a bus. 911 should be called immediately and the bus should wait there until police come. The compliance

reviews are almost complete. Visited the Dome during tournaments and found buses that had not done a pre-trip and sever-

al buses that had back exits blocked with equipment. If a driver receives a DWI their license is still valid for 7 days. It would

be up to the carrier to decide if they can still drive during that time.

Duane Bartels

There have been 10-15 reported crashes. 150 buses were inspected during football, volleyball and soccer tournaments.

Overall they were good. A few with garbage cans blocking back door. Remember that window signs cannot be in the front

window but can be in the second window back.

DPS Driver and Vehicle Services Deb Carlson

Issuing is 21 days out would like to get it to 14. Unit is 3 people short. BCA responses are generally 8 business days to receive

results. Medical certifications are on 10/29 and there are 1700 of them in the file. Remember this information can be entered

at DL agent offices. If medical cert. will be expiring in 14 days or less do not fax them in but have driver go to an agent to

enter. Drivers can carry their medical form with them and they are valid for 15 days from the date of exam.

Medical waivers are taking about 1 week to determine approval or denial. Drivers granted a limb waiver will need to re-test

in a school bus. On-line appointment scheduling has made some changes. Four new examiners will be trained in Decem-

ber. DVS will be presenting at TTT on July 12, 2013. Looking at hosting the School Bus Road-eo in Arden Hills on June 1.

Working on an in-service training for exam personnel. If a driver tests but does not complete the medial exam the test is good

for two years but would recommend re-training if it is a while before the medical is completed.

TTT- Ray Kroll

The Task Force met Oct. 30th. The dates for 2013 are July 9-12 in Hinckley. Kayla is the lead on TTT until the end of Jan-

uary then it will be Kristen Johnson. Ray reviewed the Program and Staff. Mechanics group will come on Monday. Would

like to transition the entire mechanics conference to run side by side with TTT and MAPT Conference. Next meeting Dec. 7th

in St. Cloud.

Poster contest- Cindy McKay

We need schools to participate. Cindy has e-mailed the information out to Districts and it is due to her by April 5th.

Stake Holders Group- Emily White

The December meeting will start the consolidation of the Stakeholders and the Safety meeting followed by the Special Ed

meeting. We will review the times of the meetings after December to see if the first meeting needs more time to finish by 11:00

AM.

MAPT – John Thomas

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

Meeting was adjourned at 11:02AM

Respectfully submitted,

Emily White, Secretary

8

Minnesota School Bus Safety Committee Wednesday November 21, 2012

Rockford, MN

NLRB Issues Guidance for “At-Will” Employment Clauses in Employee Handbooks

On October 31, 2012, the Office of the General Counsel for the National Labor Relations Board issue two Advice Memo-

randa analyzing at-will employment clauses in employee handbooks. An employer can violate the National Labor Relations

Act by maintaining a policy that explicitly prohibits protected union or concerted activity. The following excerpts are from two

cases in which the language of employee handbooks was challenged as violating an employee’s Section 7 rights to engage

in union and concerted activity under the NLRA.

The relationship between you and Mimi’s Café is referred to as “employment at will.” This means that your employment can

be terminated at any time for any reason, with or without cause, with or without notice, by you or the Company. No repre-

sentative of the Company has authority to enter into any agreement contrary to the foregoing “employment at will” relation-

ship. Nothing contained in this handbook creates an express or implied contract of employment.

The Charging Party alleged that the language in bold violated the NLRA because it was overbroad and would reasonably

chill employees’ rights regarding union activity and collective bargaining. The Board disagreed, finding that the provision did

not require employees to refrain from seeking to change their at-will status or to agree that their at-will status cannot be

changed, but instead highlighted the policy that representatives were not authorized to modify an employee’s at-will status.

Employment with Rocha Transportation is employment at-will. Employment at-will may be terminated with or without cause

and with or without notice at any time by the employee or the Company. Nothing in this Handbook or in any document or

statement shall limit the right to terminate employment at-will. No manager, supervisor, or employee of Rocha Transporta-

tion has any authority to enter into an agreement for employment for any specified period of time or to make an agreement

for employment other than at-will. Only the president of the Company has the authority to

make any such agreement and then only in writing.

The bolded language was challenged as violative of employee’s union activity rights, and

the Board again concluded that since the provision did not require employees to refrain

from seeking to change their at-will status or agree that their at-will status could not be

changed in any way, the language was lawful.

Because NLRB law remains unclear regarding at-will employment clauses (the Board has

recently invalidated other at-will clauses for being overbroad), the Advice Memoranda ask

Regional Offices to submit all cases regarding handbook at-will provisions to the Division

of Advice for further analysis and coordination.

Because Regional Offices are directed to submit this issue to the Division of Advice,

employers can expect scrutiny of at-will employment clauses. Therefore, employers

should carefully consider whether their handbook’s at-will employment provision could be

construed as interfering with employees’ rights to organize and to engage in protected

activity by requiring employees to refrain from seeking to change their at-will status or to

agree that their at-will status cannot be changed.

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

Transportation Issues Committee NotesNovember 28, 2012 • Shelly Jonas

Maltreatment Questions

Joint Special Needs/Transportation Issues Committee to be held on February 20, 2013 at the MN Department of Education.The Committee has invited the monitoring and compliance division of the Department of Education. They will be discussingmaltreatment issues and 504 accommodations. This would be a great meeting to attend for your Special Needs personnel.There have been several recent incidents that were reported as maltreatment that shouldn’t have been as well as incidentsthat were not reported that should have been. So make sure that you know when the state needs to be contacted and attendthis upcoming meeting.

The Minnesota Legislative House Research Department has updated their information brief on School Transportation. It canbe found on their website. It contains a brief synopsis on all the laws relating to school transportation.http://www.house.leg.state.mn.us/hrd/pubs/schoolbus.pdf

DPS – Lt. Brian Reu reported that they randomly inspected buses attending the state football and volleyball tournaments thisfall. School districts did quite well; the most common violation was having the aisle blocked. Please make sure that driversare aware that they need to keep the aisles clear.

Reu stated that the Office is completing their yearly compliance reviews, there are onlya few more left to finish.

Reu briefly spoke about the fiery crash in Inver Grove Heights. A seventy year oldgrandmother and her 2 grandchildren struck a school bus head-on and were killed.He stated that recreation is still ongoing, but it appears that the driver could not havedone anything to prevent the crash. The chassis absorbed the impact like it wasdesigned to do. There were no children aboard the bus.

There is an EPA Rebate that is due on December 14. Details are on the EPA Websitehttp://www.epa.gov/cleandiesel/dera-rebate.htm

At the NASPTS Conference it was reported that compliance is low on recalls. It couldbe a reporting issue that bus companies and districts are making the repairs and notreporting their completion. Make sure you are up-to-date on the recalls.

MN DOE -

The latest Pupil Transportation Vehicle is up on the website. http://education.state.mn.us

This year’s School Bus Safety Poster contest theme is “At My Stop – You Stop!” Theyare due on April 6, 2013. Details can be found on the MAPT Website.http://www.mnapt.org/public-events/poster-contest

There was discussion about developing a Best Practices Guide on when temperaturesare too cold to expect students to walk or ride the bus to school occurred.

Legislative Update – Senator Howe from Red Wing was pushing to allow volunteersdrive Type III vehicles last year. He did not win his seat. It is unknown if his replace-ment will take up the cause. There is a new Legislator from Hopkins already discussingseat belts on school buses.

The Upcoming Meetings for Transportation Issues were set:

December 19th – with the Office of Pupil Transportation Safety and the School BusSafety Committee at ADAM Services.

January – No meeting due to the Joint MSBOA/MAPT ConferencesFebruary 20th – Combined with Special Needs Committee at MDE Room CC13March 27th - MDE

10

HOGLUND BUS AND TRUCKThe Transportation Specialists

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Frequently Asked Questions about the MSBOA WebsiteCan I have someone else in my office receive the email newsletter, the Friday Flash?

Yes, you can contact the MSBOA Office and they can easily receive the Friday Flash, which comes out twice a month.

11

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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

E-mail: [email protected]

Southern Region

Sergeant Chad Dauffenbach

Southern Regional Trooper

Phone (507) 430-0791

E-mail: [email protected]

MN State PatrolContacts

Listed to the right is contact infor-

mation for the state troopers in

charge of school bus transporta-

tion.

Use this contact information!

They are ready to help with any

questions or concerns you may

have!

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