Department of Labor and Industry

Minutes - May 20, 2010

 

PRESENT:

Jack Holstrom, Presiding Officer
Quint Nyman
Jay Reardon
Karla Stanton – by telephone

STAFF ATTENDING:

Marieke Beck, Board Attorney
John Andrew

BOARD BUSINESS

APPROVAL OF MINUTES:
Minutes for January 21, 2010 meeting were approved. Member Reardon moved to approve, Member Stanton seconded the motion. Presiding Officer Holstrom refrained from approving the minutes since he was not in attendance. Motion passed 3-0

NEXT MEETING DATE:
The next meeting is set for July 15, 2010 in the second floor west conference room B of the Employment Relations Building, 1805 Prospect Avenue, Helena, Montana. There is an Oral Argument scheduled for a Transportation Grievance, Watson case.

PUBLIC COMMENT (HOUSE BILL 94):
No comments were made.

ATTORNEY COMMENTS – BOARD ATTORNEY MARIEKE BECK:
Board Attorney Marieke Beck gave an update on the Rules Project.

MISCELLANEOUS:
Board Attorney Marieke Beck discussed the proposed changes in the Administrative Rules Project for Collective Bargaining and the Board of Personnel Appeals. She went through the changes that were discussed in the April meeting. Member Reardon motioned to approve the rules without the decertification portion. Member Nyman seconded the motion. Motion passed 4-0.

After some discussion in regards to the decertification portion of the rules, Member Reardon stated that if there is a letter of agreement between the employer and union representative agreeing to extend the existing bargaining agreement beyond the termination date would preclude the filing for a petition for decertification. The agreement needs to be in writing and signed prior to expiration of the contract. Then the party would have to wait until the next window period to file the decertification petition if no agreement is in place. Board Attorney Beck stated that she is of the understanding that the letter needs to either have a date certain or that if there is no date that the next window to file would be the 60/90 day window period to file and she stated she could put together a draft rule and email it to Members for approval. Board Agent John Andrew asked if this needs to be the same for the University system as well. It was agreed upon by the Board Members it needs to be added to them as well. Member Reardon motioned for Board Attorney Beck to draft the rule and email it to the Board Members. If the Board Members are ok with the draft then the Board can respond to all the rules or approve the rule separate from the main rule package. Member Stanton seconded the motion. Motion passed 4-0.

Board Attorney Beck also spoke in regards to Collyerization. If it looks like the collective bargaining agreement (cba) is going to take care of the issue then the Board Agent can defer until the process is all said and done. It would be a rule that would give direction in regards to what we are already doing and can defer to arbitration. The Board just doesn’t have this in place where the NLRB already has in
place. If the parties don’t believe it is covered under the collective bargaining agreement (cba), then it can come back before the Board. The order would be appealable as well. Members reviewed the proposed change and decided to wait until Member Johnson had time to review the proposed rule.

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