THE ADVISORY COUNCIL ON ADMINISTRATIVE POLICY

 

MINUTES OF THE REGULAR MEETING

November 10 2005

 

MEMBERS PRESENT:  Tim Nesbitt, Tammy Anthony, Bobbi Raub, Kurt Anderson, Maureen Camunez, Dario Silva, William Glenn, Norma Ledesma, Nellie Rosales, Russell Hardy, Ida Chavez, Tom Rubadeau, Jane Boykin, Genevieve Bauer (alt for Sandra Moreno).

 

ALTERNATES PRESENT: Linda S. Beavers

 

VISITORS: Jim Anthony (Chair of Fringe Benefits Committee); Diana Quintana (Director, HR); Janet May (Asst Director, HR), Brenda Munoz (AFSCME). 

 

Tim Nesbitt called the regular monthly meeting of the Advisory Council on Administrative Policy (ACAP) to order at 3:00 p.m. in room 105 of Wooten Hall. 

 

Tim called for additions or corrections to the minutes of October 13, 2005.  There were no corrections.  A motion was made and seconded to accept the minutes as corrected;  the minutes  were unanimously approved.  

 

COMMITTEE REPORTS:

 

OLD BUSINESS

 

  1. Employee Open Forum.  Tim stated that he asked the President for his preference regarding a date for the next open forum.  The President responded that ACAP should decide.  Possible dates were discussed and it was decided that it would be difficult to schedule a meeting before the Winter Break.   A date sometime during the last week in January was proposed.  Tim will forward the January suggestion to the President and let him determine the exact date.
  2. ACAP Secretary.  HR will provide a list of retirees who might be interested in the ACAP secretary position.  The position has been approved for approximately 8-10 hours a month at a rate of $8-10 a hour.
  3. Labor Board Report.  Tim distributed copies of the Labor Management Board report.  This report provides the guidelines for Labor Unionization campaign at the University.  The final copy should be distributed to the University shortly.   The Board has asked that both the Union and NMSU jointly post the report.  There will be some HR workshops held discussing these guidelines and also addressing the typical union questions.  These workshops are tentatively scheduled to begin November 22 and will be held every week following.

 

NEW BUSINESS

 

A.                 By-Laws Committee Report.  Norma stated that the committee is currently reviewing the modified document.  Once approved by the committee, the document will be sent to ACAP members for their review.  It was discussed that there may be a need to review the representation numbers for ACAP.

B.                 Roberts Award.  Roseanne Bensley, Nellie Rosales, Bobi Raub are reviewing the ballots.  The sub committee will give their decision to HR by November 21.

C.                 ACAP Elections.  Tammy Anthony explained the timeline for the election process.  A copy of this timeline was distributed. The nominating process should be completed by November 23.  Ballots for election will be mailed by December 1 with a return deadline of December 14.  The election committee will meet to count ballots and will notify the ACAP Chair of the outcome by December 16.  Any tied elections will be decided by secret ballot at the January 12 ACAP meeting.  There are 2 exempt, 2 non-exempt, and 1 faculty regular positions open.  For alternate positions there are 2 exempt, 1 non-exempt, and 1 faculty open.  The terms for these positions begin February 2006.  Due to past voiced concerns, it was suggested that the names of those nominated be listed randomly (not alphabetically) on the ballots.

 

Today ACAP needs to elect an alternate to complete B. Pacheco’s term. A vote was taken via paper ballot.  There was a tie between G. Bauer and E. Leon; a second secret ballot vote was taken.  James Leon was elected to complete the term of B. Pacheco. 

 

Dario Silva, Bobi Raub, Maureen Camunez, Jane Boykin, and Bill Glenn volunteered to be part of the election committee.  Tammy Anthony will chair the committee.

 

D.                 Meeting with Bishop Ramirez.  Tim, as Chair of ACAP, attended a meeting with Bishop Ramirez, Juan Montoya from the State Department of Labor, representatives from NMSU HR, Mack Adams and Diana Quintana, AFSCME employees and members of the NMSU organizing committee, local legislators J. Paul Taylor and Antonio Lujan and President Martin  Tim distributed a list of questions that were submitted at the meeting with the Bishop and others.  These are questions that are currently being asked about the unionization process by employees at NMSU.  Mr. Montoya accepted the task of providing answers to the posted questions.  The answers will be posted on the ACAP website when they are provided.  Tim agreed with statements made at earlier meetings that the answers to questions could be found by reviewing and studying the state labor law.  That set of statutes will be posted on the ACAP website.  Tim further explained however that the answers were complicated and in his opinion it was appropriate that a neutral third party (Juan Montoya)  was providing the answers to the listed questions.

 

ACAP discussed aspects of the unionization process—mainly the voting process.  The question was asked, “how does ACAP recommend that the vote should be handled?”  Three options were discussed.  The options are:

1.  NMSU can simply conclude that the majority of the employees prefer a union and recognize AFSCME as their bargaining agent.

2.  Organizers can gather cards from employees, and if we agree that signed cards are effectively a vote for unionization, we can recognize the union if we agree that more than half of the affected employees have signed cards.

3.  If the organizers submit verified cards from thirty percent of the proposed bargaining unit employees, we can hold an election that will include all affected employees.

 

  Tim distributed copies of emails from various employees stating their preference for a voting process.  One ACAP member suggested that we should not make a decision regarding voting based on eight emails.  Other members voiced that they had received verbal messages similar to the emails regarding voting on union issues.   There were concerns that some employees signed cards requesting union information without realizing that signing the card expressed a desire to unionize.

 

Tim repeated one statement from the Bishop Ramierez meeting that he found particularly relevant.  That statement is “social justice involves the fundamental respect for individuals.” 

 

After more discussion, it was moved that ACAP recommend to President Martin that any election held regarding unionization and representation be administered in a manner that allows all employees who are eligible for membership to cast a vote.  The motion was seconded and passed unanimously.  Tim was instructed to prepare a memo to the President regarding this motion.

 

There was further discussion regarding the unionization process.  December 2006 is the deadline date for a decision to be made.  ACAP will continue to be part of the process.  The State Labor Board will oversee any election.

 

E.                  Janet May Presentation.  Janet May gave a brief explanation of the new employee orientation process which will go on-line beginning December 1.  New employees will access the orientation presentation via the HR web page.  It will be the Department/Colleges’ responsibility to ensure that new employees are given the packet of enrollment forms but it is the employee’s responsibility to ensure enrollment forms are turned in by the deadline date.  Currently the orientation link is on the public web page but it may eventually move to My.NMSU.edu.  The HR Office will continue to have on-site orientations for those who wish to attend.

F.                  ACAP’s Role in Policy Review.  Tim will send an email to the President reminding him to include ACAP in the process.

G.                 ACAP’s participation in Policy Manual revision process.   Yoli Baca is ACAP’s representative in this process.  Tim will invite C. Kelley to ACAP to clarify what revisions are being done to the Policy Manual.

 

Communications from Staff  - Parking Ticket issue.

There was one communication from an employee regarding a parking ticket issue.  This communication was forwarded to the Parking Department.

 

 

REPORT FROM THE CHAIR

Tim reported again about his meeting the Bishop Ramirez.

 

The meeting adjourned at 4:05 p.m.

 

___________________________                              ________________________

Linda S. Beavers, OLC Alternate                                 Tim Nesbitt,  Chairperson

 

The Council has not approved these minutes.