Wednesday, November 14, 2007
Rita Lichtenberg, Antonia Matthew, Kathy Myer, Janet Patterson, Mercy Rodrigues, David Warrick, and Jim Whitlatch.
President Steve Moberly called the meeting to order at 7:00pm in Program Room 2B.
Fred Risinger brought up the matter of the secret ballot. He indicated the Board will use the 30% rule. He further explained his belief that the calculations done so far indicates that 100 employees will be eligible to vote.
Steve Moberly asked approximately how many staff eligible to vote are "professional" employees.
Ginger asked for finance officer Bonnie Estell's confirmation before explaining the definition of professional employees which means an employee who has a college degree or masters in library science. They indicate that approximately one-third of the library's employees fall into this definition.
Sara Laughlin expanded the definition further where Ginger has said "employee" to more specifically state "regular employee" to differentiate from temporary employees.
Steve asked if we should just state it as part of the definition by indicating any "non-temporary" employees as part of the eligible employees.
Sara recommended that we could also add another numerated paragraph (number 6) that, in part, says "excluded are any temporary employees".
Ginger Ziglar Thomas questioned the Board if that would be necessary.
Jim Whitlatch indicated he likes the idea of using the term "non-temporary".
Ginger indicated her agreement that it would be good to include the term "non-temporary".
Steve indicated that he would be in favor of adding a numerated sub section (Number 6) to add the words "does not include anyone who is a temporary employee".
Jim stated we should leave the word "regular" in the first paragraph where it is referenced but below that paragraph we then further describe the term "regular" by stating that "an employee means any regular employee", and then the next added paragraph (number 6) could be a definition of "temporary employee".
Steve asked for any brief public comments on the issue.
David Warrick, Executive Director of AFSCME Council 62, addressed the Board and other persons present at the work session. Mr. Warrick indicated he had already wondered about the term "temporary employee" and in doing so had considered the library's history and who is considered a temporary employee. He asked if that excluded employees who work 20 hours or less. He also inquired if that would exclude more individuals than it did before.
Ginger indicated it does not exclude more individuals than it did before. She further indicated that pages are employed at less than 20 hours per week.
Bonnie stated it is indicated on the budget.
Ginger stated there are 3 employees who are temporary. Ginger enumerated 47 position titles or categories that would be included.
Fred told Mr. Warrick the answer is no.
Sara stated that in a "regular town" that would work but in a "school town" (such as Bloomington where Indiana University is located) the number of those employees fluctuates.
Mr. Warrick also asked about representation by AFSCME. They came to the Board when the cards were first signed and it's taken 7 months for the Board to come to this decision. He indicated that AFSCME has already done the work with the cards in April. He says that gives them a concern. He knows that MCCSC has that in their language for example. He said for the county library the employees are scattered throughout the county. For MCCSC for example, the bus drivers are all in one building. He asked if the resolution would have been in April, would another count be necessary.
Randy Paul asked what section of the resolution Mr. Warrick was referring to.
Mr. Warrick indicated it is "Page 4, the paragraph at the top". Mr. Warrick said if AFSCME has cards that are six months old, they are not going to knowingly turn in cards that are bad. He said it is AFSCME's job to make sure that those employees are still with the library. He said the resolution doesn't actually state a date; the employees' recognition back in April doesn't count.
Steve stated that the bargaining unit would need cards signed by 30% of current eligible employees. As part of the 30% they shouldn't count or be able to use those cards collected in April. He noted that a lot of changes have occurred since April at library.
Fred stated we've only got two buildings; Fred would like to see AFSCME do another count because there have been a lot of changes at library in the last several months.
Steve recognized Bara Swinson. Bara asked if there is some way the library could facilitate the signing of the cards; she doesn't want it to be its own test.
Fred asked why AFSCME went to peoples' homes instead of mailing the cards.
Mr. Warrick said one-on-one is the best way because the return from a mailing is usually poor, maybe receiving 10% back. They receive a better response when they go to people's homes.
Fred asked if it would violate any laws to put what they need in the mailboxes of 97 people.
Mr. Warrick responded that if the library did it themselves it would be illegal and would show that the management teams or supervisors are in favor of the union.
Fred asked if they've talked to those 97 people.
Steve replied that some of the library's employees have expressed concerns that they felt intimidated when AFSCME came to their homes.
Mr. Warrick expressed regret to hear that; he said it was not AFSCME's intention to intimidate. He indicated there would be no reason for AFSCME to force getting the cards if the people are not going to vote.
Fred agreed with Bara that the library brainstorm about a way to get the cards; especially since they may have the 30 people needed for the count.
Mr. Warrick stated they have done that in other places where they have designated a time to talk with the management about ways to get the cards when the relationship between AFSCME and the library management has been amicable.
Fred indicated he would certainly be willing to approve such a thing.
Penny Austin said she knows in schools there is a special bulletin board to disseminate information regarding the union.
Fred said he would like such a way for that to happen here.
Penny stated that, from what she understands Fred to be saying and also by watching Jim nodding in agreement, it would be okay and legal to have a specific time and place for card signing. Penny further specified the card signing time would not be the vote; the card signing would just be the access to the vote if there were at least 30% signing the cards.
Jim Whitlatch suggested it could be an informational session; not a card signing party because then there would be pressure to have people sign while there. Jim also stated he would like an informational session such as that to be held at a time that would not disrupt library hours. He would not want it to be a situation where employees would be expected to come in, sign their card and drop their card in the box while the AFSCME representatives were there. He expressed that would be too much pressure on the employee. Jim suggested AFSCME could give the cards out in envelopes for the employees to send back in. Jim indicated that once the Board has that approval from the necessary amount of signed cards then a secret ballot vote could be scheduled.
Penny stated she doesn't want any staff to feel pressure.
Jim expressed he would want to discourage having employees sign the cards while there.
John Walsh said if there is 30% that would want to go to a meeting that would be okay. Those that don't want to go wouldn't even have to go. They just would need 30%.
Jim said even that could be intimidating. Employees who didn't attend could be made to feel uncomfortable by other employees if they are asked by those who did attend "Why didn't you go to the meeting?"
Mr. Warrick said they don't collect the cards, the union does. A third party is agreed to; they give them the cards, then that neutral party would certify if enough cards have been collected to have an election. A ballot box would be placed at both branches of the library.
Fred asked Mr. Warrick how the cards would be collected. Fred asked if there would be an address on the cards for the cards to be returned once signed.
Mr. Warrick affirmed that it is clear how to get the cards back to AFSCME.
Randy asked if it is normal that AFSCME has to get the cards again.
Mr. Warrick indicated no, it is not normal for AFSCME to need to get the cards again. He said most places don't already have a resolution in place. He indicated he can't think of another instance where they have had to redo the cards.
Fred agreed with Steve that things have changed at the library since the original signing of the cards and told Mr. Warrick he wanted to get peoples' opinions again.
Mr. Warrick said that won't be a deal breaker; He expressed his opinion that they shouldn't have to do that, but if that's the choice that is made, AFSCME will get the cards again; if AFSCME can't get 30 cards then they won't have an election; Mr. Warrick also said he doesn't want to go through the whole process if they sign cards unless the employees will vote for the union.
Dory Lynch asked if employees in the administration office will be eligible to be included in this process.
Sara replied no. Administration personnel will not be eligible and the reasoning behind that is because administration department staff members do handle sensitive information.
Dory asked if volunteers will be eligible to be included in this process.
Sara replied the VITAL coordinator would not be eligible because she is the manager of volunteers.
John asked if the VITAL coordinator supervises people other than volunteers.
Sara and Ginger both indicated the VITAL coordinator supervises one person, other than volunteers.
Sue Sater also referred to the executive secretary position of the Friends of the Library.
Sara said the person in that position would fall into the administration department.
Chris Jackson indicated there may be others who would also be excluded because they oversee volunteers, like homebound services personnel.
Bara indicated the circulation volunteer supervisors would also fall in this category.
Dory said it may affect more than one person.
Steve indicated they will not make this decision tonight.
Mercy Rodrigues introduced herself as a reporter from the HT (Herald Times newspaper). In reference to the secret ballot for the union, she asked about the purpose of the cards. Are the cards merely used to express interest?
Mr. Warrick said they are like a petition to show interest. A dual role card is an interest card. He explained there are no dues until there is a vote and it is accepted.
In reference to the dues, Chris Jackson said people have concerns about paying union dues. Chris said he doesn't know how we could set those parameters.
In reference to the change to the resolution, Dory thanked the Board for lowering the percentage from 75% and instead setting no minimum turnout in the resolution. Dory indicated it would have been difficult to meet the 75%.
Steve said they will put this matter aside now until the next work session.
Steve moved on to library business; Sara asked if the Board could move discussion of insurance to the December work session and Board meeting. Bonnie, John Walsh, and Joe O'Connor have met to review bids. They are still comparing quotes and need additional time to confirm that all quotes are equivalent.
President Steve Moberly presented the 2008 holiday closure schedule for the library.
Sara said there are no changes to the holiday schedule this year from last year. Sara indicated last year's New Year's Eve fell on Sunday when the library already closes at 5. With Leap Day, the library would regularly be open until 9pm this year on New Year's Eve. Sara recommended that the library close at 6pm on New Year's Eve this year, which would allow the library to stay open an hour after people get off work to come by and get books and still leave our staff with early time off to prepare for the holiday evening.
Sara reported the team has met twice. She brought copies of the capital projects fund language. She said that, at the second Ellettsville team meeting, Bonnie realized that the proposal of 1500 square feet is actually what they have now; the proposed addition actually wouldn't give any more room to the children's area than they already have. The proposal bid was right around $400,000 but when they turned the page of the capital projects fund, they realized there is another $100,000 in the funds. The CPF funds include repaving and repainting the parking area. The team thinks there is enough money to add more square footage. They asked the architect about the additional footage; there are no structural issues with doing that. Bonnie also asked DLGF if it would be possible to borrow against our LIRF fund if construction was completed before the CPF funds were available.
Bonnie said we have a verbal commitment from DLGF, but it is not in writing.
Sara stated we do have the money in the building corporation funds. We could explore whether some of the expenses could be delayed into 2009; Sara wanted to bring that to the Board's attention and see what they are in favor of doing. The team will need to know the Board's decision before signing the contract with McGuire.
Steve asked Mickey Needham to clarify if that would be adding 1500 square feet to the 1500 square feet already in that space for a total of 3000 square feet when the addition is completed.
Mickey replied it wouldn't be adding to the space; it would be moving the space.
Steve asked why then has it been billed as an addition to the children's area all along.
Randy agreed with Steve. Randy indicated his understanding was that the addition to the Ellettsville Branch was to be adding an additional 1500 square feet to the existing children's section. He indicated if that was not going to be the case, he wishes someone would have said something before now.
John disagreed and said the addition has been billed as an addition of 1500 square feet for the branch, not an indication that says the library will be adding 1500 square feet to one specific area. John doesn't think it has been a blatant misrepresentation, but admitted it could be confusing.
Steve asked if we can make the addition larger somehow.
Mickey said there is certainly room to do that.
Randy stated this issue is a problem.
Randy replied he agrees with Steve that the language used thus far about the Ellettsville addition implied that we were adding to the children's area.
Penny disagreed and said it would be doing exactly what was the Board said it is planning to do, which is to add 1500 square feet onto the Ellettsville branch.
John agreed with Penny that it was not a specific agreement to expand the children's area.
Fred concurred with John that was a technicality. Fred said there certainly needs to be more space at Ellettsville branch; he believes the County Council will understand that.
Penny said the room will feel bigger. With the children having their own room, it will just feel like more space and be a more appropriate use of the space. Penny agreed with John that the CPF language does not read that the Board will add an additional amount onto the children's area; it just says the Board will be making an addition. If others are reading what the Board's intentions are, they will understand the Board is adding on to the library branch.
Mickey presented information regarding whether the addition can be increased from 1500 square feet and instead expand by 2000 square feet.
Steve asked if there is room on the property for that.
Sara stated that information will need to be known before the contract is signed.
Mickey asked the Board if this is something they wish to pursue or if they would rather stay in the parameters that were originally stated for the room.
John said if we can get more for the price then that would be good.
Steve said he is in favor of getting more for that branch and more for the children in the Ellettsville community.
Penny is in agreement with John. She stated the Board should make the expansion as big as can be afforded.
Fred said maybe we can discuss this again in December.
Sara said a formal decision needs to be made.
Penny said it isn't deceptive at all because it was a surprise to all of the Board members.
Janice Stockton relayed that experts have indicated that considering financial conditions right now and the drop in housing and building, it might be possible to negotiate lower building costs than originally thought. She indicated the Board knows they will not be making any more additions in the near future other than this one. Further, she indicated it is not deceptive of the Board; it was just a matter of not having the right information at the right time. Janice indicated her hope that the County Council would understand that.
Sara asked if the Board can work on that. She indicated it can't be voted on. She said it seems like there is a consensus to move forward.
John advised the team to discuss the footage with the architect again.
Sara said it sounds like the Board would like to go forward.
Penny agreed.
Sara asked if the Board is willing to put some of its own money and be reimbursed for it later.
John added that it should be considered that there would be no guarantee that the Board would get that money back, if, for some reason, the CPF was not funded in 2009.
Steve said Bonnie needs to keep pressure on the architects.
President Steve Moberly presented the media policy as the next topic to be discussed.
Sara indicated she asked Margaret Harter to gather information and examples in the two areas that the Board was concerned about. The first area of concern was having one spokesperson for the library. Sara indicated she doesn't think our rationale is to muffle anyone but it is to identify a single person as the spokesperson for the library. Sara explained to the Board that it is a general practice of organizations to have one official spokesperson, usually the director or a community relations person to be that spokesperson. Sara relayed that some organizations she looked at for examples had very formal policies and some had very informal policies on the matter. One of those with an informal media policy was the IU library. The library's policy would make Sara the official spokesperson with Margaret as back up. NASA says scientists may speak about their areas of expertise. but when it is a NASA issue, an official NASA spokesperson speaks. Generally speaking the policy stated employees are absolutely free at any time to make statements but it is their obligation to distinguish between their own personal opinion and the official position of the library. Sara asked what views the Board has on the issue and requested to bring the matter to the staff and then bring the matter back to the Board possibly in December.
Fred said the one in Missouri was just fine with him. He said the wording was similar. From his personal point of view, the policy looked fine.
John said it looked fine but wondered if it wouldn't be wise to put off the decision because it could look as if the timing had to do with the unionization efforts.
Steve asked if this policy would apply to the Board of Trustees of the library.
Sara responded no.
Fred said he could see that Michael White might get a lot of calls from the media for CATS. Fred asked how Michael handled calls from the HT or other media sources.
Sara replied Michael White does get calls. Just this week he handled an inquiry and then also let Sara know. That gave her five-minute's notice and a chance to get the policy out, read it and be prepared for the call.
Steve said it isn't personally a worry for him. It isn't a burning issue.
Sara does think that it should be decided upon when there aren't any issues pending for the Board of the library.
Steve said to let him know when that would be.
Steve asked for any public comments. There were none.
The work session adjourned at 8:07pm.
Contact
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Updated:
December 27, 2007
° http://www.monroe.lib.in.us/board/200711wrk.html
