Department of Labor and Industry

Montana Facility Fee Schedule

Minutes - January 21, 2010

 

PRESENT:

Alan Joscelyn, Presiding Officer
Jay Reardon
Steve Johnson
Mike Thiel
Karla Stanton – by phone

STAFF ATTENDING:

Marieke Beck, Board Attorney
Tonya McCormack
John Andrew

BOARD BUSINESS

APPROVAL OF MINUTES:
Minutes for November 19, 2009 meeting were approved. Member Johnson moved to approve, Member Reardon seconded the motion. Presiding Officer Joscelyn and Member Thiel refrained since they did not participate in November’s meeting. Motion passed 3-0

NEXT MEETING DATE:
The next meeting is set for February 18, 2010 in the second floor west conference room B of the Employment Relations Building, 1805 Prospect Avenue, Helena, Montana. The next Oral Argument is a Transportation Grievance, Jon S. Watson v. Montana Department of Transportation.

MISCELLANEOUS:
Board Attorney Marieke Beck discussed how to properly bring motions before the Board. She also put together a memo for Board Members for future reference.

ATTORNEY COMMENTS – BOARD ATTORNEY MARIEKE BECK:
Board Attorney Marieke Beck gave an update on the Rules Project. She will also be adding a second rules project for the Grievance Procedure for classifications, but will focus on getting the first project done this spring.

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ORAL ARGUMENT – CLASSIFICATION APPEAL 1-2007

Tim Fellows et al. v. State Human Resources Division, Department of Administration

The above matter came before the Board. Alan Joscelyn was the Presiding Officer in this matter.

Oral argument was presented. Carter Picotte appeared before the Board to represent the Montana Public Employees Association and Appellants; Margie Thomas appeared before the Board to represent State Human Resources Division, Department of Administration.

The matter before the Board was to determine if the Hearings Officer’s decision was in error. The Appellants filed a grievance asserting that the Civil Engineer Technician IV were improperly classified. Board Member Johnson moved to affirm the Hearings Officer’s Findings of Fact, Conclusions of Law and Recommended Order in its entirety. Member Stanton seconded the motion.

Upon discussion of the Board, Member Reardon asked for clarification of the Findings of Fact in Finding No. 1 whether it should be a Civil Engineering Specialist or if it should read as Civil Engineering Technician IV. It should read as Civil Engineering Technical IV.

Member Johnson amended his motion to affirm the Hearings Officer’s decision and amend the Findings of Fact No. 1 to fix the typographical error and change Specialist to Technician IV. Member Stanton seconded the motion.

Motion passed 5-0.