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Operator Volume 42 Issue 10 • November 2012

Upcoming Winter MN School Bus Safety 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 presentation prepared by Goff Public will show us how to react to different social media. Student videotaping your driver? Drivers 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 directors 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 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. 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! MN SCHOOL BUS SAFETY EXPO IS JANUARY 18-19, 2013...FULL CONFERENCE AGENDA INSIDE!


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From the President

MISSION STAT E ME NT:

Gaylen Lenz Madelia Bus Service, Madelia, MN 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 questions about our industry. It appears that the yellow school bus is always being scrutinized 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 consultants 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

BOARD OF DIRECTORS PRESIDENT GAYLEN LENZ FIRST VICE PRESIDENT RUDY LUNDAHL

SECOND VICE PRESIDENT JOSH SCHIFFLER

TREASURER

The Operator 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 msboa@lkdllink.net or FAX: 320-274-8027. Website: www.msboa.com SUBSCRIPTIONS ARE FREE WITH MEMBERSHIP. ADDITIONAL SUBSCRIPTIONS ARE $24.00 A YEAR. COPYRIGHT 2012. MEMBERS MAY MAKE PHOTOCOPIES OR USE ARTICLES AS NECESSARY PROVIDING THE SOURCE IS CITED. CO-EDITORS: SHARI DANZEISEN & SHELLY JONAS LAYOUT & DESIGN: SHARI DANZEISEN VIEWS PRESENTED IN THIS NEWSLETTER MAY NOT NECESSARILY REPRESENT THE OPINIONS OF THE ENTIRE MEMBERSHIP OR ITS BOARD OF DIRECTORS.

JOHN BENJAMIN, NORTHFIELD

KEN INSELMANN, WILLMAR

RUDY LUNDAHL, DULUTH

507.645.5720/FAX 645.5635 jbenjamin@northfieldlines.com

320.235.2110/FAX 235.1301 keni@willmarbus.com

218.724.1707 / FAX 724.2432 rudyl@voyageurbus.com

TOM BURR, ELK RIVER

SHELLY JONAS, ANNANDALE

CHARLES PETERSON, JR., ANDOVER

763.230.6020/FAX 241.0896 tburr@visionofelkriver.com

320.274.8313 / FAX 274.8027 shellyj@msboa.com

763.450.5385 / FAX 755.7622 cmp50bus@aol.com

ROBBIE ELLIOT, MOORHEAD 218.233.3404/FAX 233.5769 relliot1023@gmail.com

BRIAN KOCH, WACONIA 952.442.3370/FAX 442.2665 brian@kochbus.com

CONNIE GRISIM, STEWARTVILLE 507.533.8775/FAX 533.8775 grisimbus@aol.com

TOM HEY

DOUG GRISIM, LAKE CITY

EX-OFFICIO

651.345.4112/FAX 345.2118 dgrisim@embarqmail.ccom

DOUG GRISIM

TOM HEY, MARSHALL 507.532.4043 / FAX 532.9398 thomashey@iw.net

JIM KOONST, BELLE PLAINE 952.873.2362 / FAX 952.873.6499 stierbus@frontiernet.net

GARRETT REGAN, FARIBAULT 507.334.5121/ FAX 334.2039 gregan@minnesotacoaches.com

JIM SCHIFFLER, MINNEAPOLIS 320.266.1312 / FAX 251.6547 jims@sunburstmemorials.com

JOSH SCHIFFLER, CROSBY GAYLEN LENZ, MADELIA 507-726-6403 topbus65@hotmail.com

218.546.6156 / FAX 546.2886 jschiffler@crosbyironton.net


3

Legislative Update By Tom Keliher, Keliher Government Affairs Consulting, LLC. Phone (612) 723-5168 • Email: thomas@keliher-mn.com 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 during 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 introduced 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 amendment 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 communicating 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, talking, 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 interchangeable and are synonyms in Minnesota State Law. However, the main purpose of this section is to state that Passenger 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 advocating 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 contractors as they arise. If members have questions or comments, then please feel free to contact me at Thomas@kelihermn.com

See the agenda inside this newsletter and register at www.msboa.com for the Minnesota School Bus Safety Expo!!!


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

When Ty called and asked me to say a few words at Jim’ service, I was flattered. 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 secretary 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 directors 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 and his wife, Janis.

Jim was very respected locally, statewide and nationally for his dedication to the school bus industry. He was nationally recognized by the NSTA with both the “Golden Merit Award” given for excellence in service, safety, and community responsibility and the prestigious “Hall of Fame Award” this award is given for long-term efforts in the school bus industry. Only 41 people 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 convention 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.


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Welcome New MSBOA Board Members 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 pleasure 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 causes of this great organization.

Garrett Regan 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 Transportation 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 weekends 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 industry and am excited to wear a new hat to better serve your company and the children in Minnesota who ride the yellow bus.

Continued on Page 6.

Make sure to Register for the upcoming MN School Bus Safety Expo January 18-19, 2012

www.msboa.com

Shelly Jonas


6 New MSBOA Board Members Continued from Page 5. 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 special education bus. This really opened my eyes. Coming from a small town, I was not accustomed 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.

Tom Burr

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 forget. 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 graduating 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.

Happy Thanksgiving!


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News and Views A CONTINUING SERIES OF BOARD COMMENTARIES

12 Steps to Better Conversations By Doug Grisim, Lake City Bus Lines, Lake City, MN 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 conversation 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.

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Minnesota School Bus Safety Committee Wednesday October 17, 2012 Osseo District MDE – Kelly Wosika Student transportation study going on. The Collaboration Efficiency Student Transportation Survey being done is open until Oct. 26th. There will also be indepth interviews with selected Districts.

Duane Bartels – Outstate communication centers have consolidated. Rochester and Roseville are the only two left. All stop arm information will come from one of these two centers. New fax numbers will be available to those that used the old centers.

FSCSA did an audit of the CDL skills test.

The year end data report is now on the web site.

Medical Cards-Doctors will need to be certified to do these physicals next year. Check with your clinics to make sure they are going through this process.

TTT- Ray Kroll Ray gave a history about TTT.

Deb Carlson Running the BCA checks before a license comes due is working well. Some denial letters are going out before the renewal is done by the driver.

Rodeo –Sherry Case Sherry reported that the Road-eo will be June 1, 2013 probably back in the metro area which is a better location for improved attendance.

MDE web site has a new link for Districts’ information. Eventually this will have more information on each district. To access this go to the MDE site, welcome to MDE, Schools and Organizations, MDE org site. Non- motorized transportation committee, which includes ped. and bicycle training has met. This information is required for all drivers’ ed. programs in the State. There is a 20 minute .video available from the league of American Bicyclists. Student school bus safety training overview is on the web site. The curriculum available for teachers is quite old. Safe Routes to Schools has a new application for grant money. New document on the website about homeless students. Roberto Reyes is the staff person for homeless. A question was asked about 4 and 5 year olds riding the bus if they can be dropped without an adult present. For regular ed. students the school day ends when they get off the bus. Parents have the responsibility to be at the stop or be responsible for them to get to their home. Law Compliance- Brian Reu Working on updating flyers and posters, want them to be more interactive. Have done saturations in southwest MN. Changes in inspections should make it easier. School Bus Safety Week is next week.

Held trainings at sites doing Medical Certifications and how they can do this. If a driver waits until the last minute to turn these in have them go directly to a license center to have this information put in. This will then show up once it is entered, which generally should be done while the customer is there. Centers should not be clipping the licenses when only updating medical information. They also were trained how to correct a driver’s self-certification selection when it is obviously incorrect. There is still a back up on entering medical information. They are down to 1700 from 3000. Don’t send a cover sheet when you fax and send each driver in individually and not as one transaction. Waivers must also have a self-certification attached and must be legible. Web based system is real time to check driver’s status. Sites used to check MVR’s are not real time. Audit completed with BCA about handling of criminal history records. Denial letter will now include information about how to appeal criminal history with the FBI. Type 3 medical waivers are treated like any other School Bus waiver.

Road testing is still back logged. Will be hiring 3-4 more staff. Five new examiners will be trained the last week of October.

The dates for 2013 are July 9-12 in Hinckley

Poster contest- Cindy McKay We need schools to participate. Cindy has e-mailed the information out to Districts. Stake Holders Group- Emily White Most of the information has been covered. The group did talk about consolidating the four meetings when Stakeholders meets. We will talk about his more at the November School Bus Safety meeting to work out the details. MAPT – John Thomas Fall meetings will be held tomorrow October 18th. The web site has information as to the locations throughout the State. Joint winter conference will be Jan. 1819 in St. Paul again at the Crown Plaza/River Center. New Business: It was mentioned that Jim Johanson recently passed away. Jim was a long time bus person in the twin cities. Respectfully submitted, Emily White, Secretary


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Legal Notes

BY THOMAS REVNEW, ESQ., OF SEATON, PETERS & REVNEW

HOTLINE PHONE: (952) 921-4622 Since August of 2011, the National Labor Relations Board (NLRB) has issued three comprehensive memorandums regarding employers’ social media policies and the National Labor Relations Act (NLRA). In the past few months, the NLRB issued three additional decisions finding that the social media policies of three separate employers could be interpreted 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 social media regarding his employer. While this may seem like a sensible and harmless request, the NLRB has found many such provisions to violate an employee’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 activity under “Section 7” of the NLRA. There are two primary “rules” regarding social media policies: (1) employer policies cannot be so broad as to prohibit the activity that is protected by federal labor law (i.e., discussion of wages or working conditions among employees); and (2) an employee’s comments on social media are generally not protected if they are “mere gripes” and not comments made with the goal of starting or continuing group action among employees. Rules that are ambiguous as to their application to Section 7 activity, and contain no limiting language or context that would clarify to employees that the rule does not restrict Section 7 rights, are unlawful. The following are various examples of employer social media policy provisions that have been determined 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 Best Values: Prohibiting employees from expressing personal opinions to the public regarding the workplace, work satisfaction or dissatisfaction, wages, hours or work conditions • Legal Hotline for MSBOA Members Prohibiting employees from making disparaging or defamatory comments Prohibiting employees from using social media to engage in unprofessional communication that could • Employee Handbook & Employment negatively impact the employer’s reputation or interfere with the employer’s mission or unprofessional or Materials Package $875 inappropriate communication regarding members of the employer’s community (Includes 2 hours of attorney time - hourly rates thereafter)

The NLRB overturned all of these policies on the grounds that the prohibitions could be reasonably construed to prohibit protected discussion about an employer’s labor policies or treatment of employees or terms and conditions 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 unprotected conduct, such that they would not reasonably be construed to cover protected activity, are not unlawful. To that end, the NLRB has upheld the following policy provisions as legal:

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• 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.

7300 Metro Blvd., Suite 500 • Minneapolis, MN 55439 Tel 952.896.1700 • Fax 952.896.1704 www.seatonlaw.com


10

DON HOFFMAN, PAST OFFICER OF MSBOA DIES

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 US Air 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 he worked for the Minnesota State Patrol as a radio dispatcher. He started driving school bus and working in the office as a part time job. In 1968, he started working full 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 Rochester School Bus Service to Laidlaw, now First Student. In 2005, he retired and sold RSB Coaches to Minnesota Coaches in Hastings, MN. In 1963, Don served as the president of the Hiawatha Paraplegia Group and represented the local chapter at the National Convention in Los Angeles, CA.

Don Hoffman in 2009 as he received the MSBOA Lifetime Achievement Award.

As a member of the National School Transportation Association (private school bus contractors trade association), he served as Treasurer for over ten years and computerized their financial records. Don proceeded on to serve a two year term as president. In July 1996, at the NSTA National Convention in Minneapolis, MN, he was inducted into the NSTA Hall of Fame.

HOGLUND HOGL UND BU BUS S AND TR TRUCK UCK

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

The T he Transportation Transpor tation Specialists

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He was an active member of St. Francis of Assisi Church and a member of the Fourth Degree Knights of Columbus. Golfing, gardening with Margaret, fishing trips to Canada with his buddies, and motorcycle riding, were his favorite pastimes. Don recently became a member of the Harley Owners Group (HOG). He also enjoyed traveling across the US and abroad with family. Don looked forward to spending time with his family and friends at his summer home in Lake City. Survivors include his wife, Margaret, of 58 years. He has four children; William (Ann Beauseigneur) 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 greatgrandchild. He is also survived by two brothers, Kenneth (Edith) Hoffman of Lake City and Wayne Hoffman of Portland, OR. The family encourages any memorials to Lourdes High School, St. Francis of Assisi Church, 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 transportation for school children today. Our prayers are with the family.” ~ Marv & Jan Hey “Don was an amazing person whose contribution to the school bus industry will always be remembered.” ~ Tami and Ken Spanier “Don was a man who contributed much to the school bus industry. We thank Don for the commitment of his life work to safely transporting school children to and from school every day. Our industry and thousands of kids are better off today because of his dedication and hard work. We want to strive to continue the legacy of his work by being the best we can be in all we do.” ~ Bruce and Donna Dischinger

Sales department Sales department has 13 ĚĞĚŝĐĂƚĞĚƐƚĂīŵĞŵďĞƌƐ͊ ĚĞĚŝĐĂƚĞĚƐƚĂīŵĞŵďĞƌƐ͊ Calll today (800)-866-3105 Cal today (800) -866-3105 Service departmen Service departmentt has 24 ƚƌĂŝŶĞĚƐƚĂīŵĞŵďĞƌƐĂƚ ƚƌĂŝŶĞĚƐƚĂīŵĞŵďĞƌƐĂƚ ϯůŽĐĂƟŽŶƐ͊ ϯůŽĐĂƟŽŶƐ͊ Call today today (866)-286-1320 (866)-286-1320 Parts department department has 13 Parts ƚĞŶƵƌĞĚƐƚĂīŵĞŵďĞƌƐƚŽŚĞůƉ ƚĞŶƵƌĞĚƐƚĂīŵĞŵďĞƌƐƚŽŚĞůƉ ĂƐƐŝƐƚLJŽƵƌĞǀĞƌLJŶĞĞĚ͊ ĂƐƐŝƐƚLJŽƵƌĞǀĞƌLJŶĞĞĚ͊ Call today today (800)-866-3104 (800)-866-3104 The Body Shop has 18 ĞĞdžƉĞƌŝĞŶĐĞĚƐƚĂīŵĞŵďĞƌƐ džƉĞƌŝĞŶĐĞĚƐƚĂīŵĞŵďĞƌƐ ƌƌĞĂĚLJƚŽĮdžLJŽƵƌŵŝŶŽƌƌĞƉĂŝƌƐ ĞĂĚLJƚŽĮdžLJŽƵƌŵŝŶŽƌƌĞƉĂŝƌƐ ƚƚŽƐƚƌƵĐƚƵƌĂůŽǀĞƌŚĂƵůƐ͊ ŽƐƚƌƵĐƚƵƌĂůŽǀĞƌŚĂƵůƐ͊ Call ttoday oday (763) (763)-295-5000 -295-5000 ǁǁǁ͘ŚŽŐůƵŶĚďƵƐĂŶĚƚƌƵĐŬ͘ĐŽŵ ǁ ǁǁ͘ŚŽŐůƵŶĚďƵƐĂŶĚƚƌƵĐŬ͘ĐŽŵ


11 Texting to Blame for Fatal Crash on 1st Day of School 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 her family 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 in October 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. They also 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 attributed 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 States reported that they talk on their cell phone "regularly" or "fairly often" while driving. However, nearly 40% of drivers 18-29 report that they regularly use their cell phone. And most alarming, 25% of them report that they email or text while driving. Distracted driving is the number one killer of American teens. Alcohol-related accidents among teens have dropped. 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 passengers distracting 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 family spread 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 now complete, you can imagine the details about our daughter’s untimely death are devastating to our family, her friends and to those that knew DJ. Her error in judgment as a teenager in this brief moment in time, was paid for with the highest price ever…her LIFE. We would much rather be grounding her for this mistake than never hearing 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 by limiting our phone use while in the car. Our beautiful DJ was a good kid, with good grades, great friends, a perfect 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 keep passing, her “2013” graduating class, Byron students, and surrounding supportive communities please remember 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 this extremely difficult time. Matt, Megan, Pierce, Chanelle and Javin Logan

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 ensure they cannot be interpreted as limiting the rights of your employees under the NLRA. When reviewing your policies, 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.

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MSBOA Planner Save these Dates!

Minnesota School Bus Safety Committee Meets 3rd Weds. of Every Month Locations Vary Contact: LeAnn Livingston 651-982-8193

January 18-19, 2013 MN School Bus Safety Expo Crowne Plaza & St. Paul River Centre St. Paul, MN

Transportation Issues Study Committee Meets 4th Weds. of Every Month Contact: Keith Paulson 763-506-1132

June 9-11, 2013 MSBOA Summer Conference Ruttger’s Sugar Lake Lodge Cohasset, MN

Office of Pupil Transportation Stakeholders Quarterly Meetings Held, Dates Vary Contact: Lt. Brian Reu 651-405-6047

In This Issue: From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Legal Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Legislative Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

MSBOA 10606 Hemlock St. NW Annandale, MN 55302

MN State Patrol Contacts Listed to the right is contact information for the state troopers in charge of school bus transportation. Use this contact information! They are ready to help with any questions or concerns you may have!

Northern Region Sergeant James Senenfelder Northern Regional Trooper Phone (612) 360-5172 E-mail: james.senenfelder@state.mn.us Metro Region Sergeant Paul Davis Metro / Central Regional Trooper Phone (612) 685-4820 E-mail: paul.davis@state.mn.us Southern Region Sergeant Chad Dauffenbach Southern Regional Trooper Phone (507) 430-0791 E-mail: chad.dauffenbach@state.mn.us


November 2012