Decision 1693-2001

1. Rocky Mountain Development Council is a "public employer" within the meaning of § 39-31-103(10), MCA.
2. Tri-County Federation of Head Start Employees, MEA-MFT, AFT, AFL?CIO is a "labor organization" within the meaning of § 39-31-103(6), MCA.
3. RMDC - not the Policy Council - is the employer, and the underlying collective bargaining agreement is between the Federation and RMDC. The agreement is not subject to prior review or approval by the Policy Council and the Policy Council does not participate in bargaining or contract administration. Federal guidelines outline Policy Council responsibilities. One of the responsibilities of the Policy Council is to give approval to the grant application that is submitted to the federal funding agency each year. The "grant year" runs from May 1 to April 30 and the grant application includes proposed budget information in various categories. Head Start administrators develop the budget based on their priorities. The Head Start director presents the application to the Policy Council. The Policy Council and the RMDC's board of directors must both approve budget items.
4. Under Policy Council Bylaws, they are to "assist in the development of and give their approval to the grant application before it is submitted." The Policy Council requires information to perform this function, and as over half of their membership turns over each year, they need to be as fully informed as possible.
5. On December 16, 1999, during a RMDC meeting in which the board was being briefed on the status of union negotiations, one of the board members asked if any teachers present had comments to offer to the board. Michelle Percival was present and commented as noted in the board minutes:
Union Negotiations: Dave Fuller briefly updated the Board on the last negotiation session at which the issues were resolved with the exception of the leave policy for bargaining unit members. We will support a joint request for mediation. We hope to resolve the remaining issue.
Glenna asked if they had any comments: Michelle asked the Board to help support the mediation process and to remember that the "hired gun" (RMDC's Negotiator, Duane Johnson) should support the negotiations. They (the representatives) would like the Board's support in the negotiations.
Mike Colbert wanted to know the perception of leave from the Union's side. Dave stated that it would not be appropriate to discuss specific issues outside of the negotiating process. Gene clarified the process. Mary Ellen inquired about the content of the "hired gun" statement. Michelle responded that $5,000 of Head Start money was given to hire someone [to] help negotiate from Rocky's side.
6. The Head Start Policy Council held a meeting on January 16, 2001. A quorum was present at this meeting. Patty Dahl, the Head Start director, Percival, and other guests were present at the meeting. A grant application was discussed at this meeting. The grant application included a request for $5,000 for RMDC to contract again for the services of a labor relations specialist. The grant application was approved in principle at that time.
7. The Policy Council held another meeting on January 23, 2001. A quorum was present. The grant application, including the $5,000 allocated to contract for the services of a labor relations specialist, was again discussed. Dahl again reviewed the grant application for the Policy Council. A Policy Council member questioned the $5,000 allocated for contracting with a labor relations specialist. Michelle Percival and other union members were present at the meeting. When asked by the Policy Council for comments, Percival spoke. She stated that a union meeting was held the night before and they were upset with money being spent on a labor relations specialist when the kids do not have markers in the classroom and there was no money for supplies.
8. Percival believed that there was a shortage of funds for supplies and thought that Head Start funds would be utilized to pay for a contract negotiator. She did not mention any specific names in referencing contracted services. Specifically, she never stated that Duane Johnson, contract negotiator, should not be hired. Her concern was that Head Start funds would be used for contract services, and she believed those funds should be utilized to purchase needed supplies.
9. During the discussions, Gene Leuwer, RMDC's executive director, obtained a general ledger and advised everyone there was still over $5,900 available for supplies in the classrooms. Leuwer and Dahl explained the need for a labor relations specialist, as RMDC did not have anyone available with the skills to deal with the collective bargaining process. When a vote was taken, only four members of the Policy Council voted against spending the $5,000 for a labor relations specialist. However, because 80% of the Policy Council members are required to vote in favor of the matter for it to pass, the $5,000 proposed to hire a labor relations specialist did not receive approval of the Policy Council. The Policy Council, apparently satisfied that the money was not needed for markers or supplies, then voted to utilize the money for child mental health and child services.
10. Although the Policy Council did not approve the allocation for Head Start funds for RMDC to hire a labor relations specialist, RMDC ultimately hired their specialist, apparently utilizing Community Development Block Grant funds.

ROCKY MOUNTAIN			)	Case No. 1693-2001
DEVELOPMENT COUNCIL,			)
HEAD START PROGRAM,			)
			)
		Complainant,	)
			)	FINDINGS OF FACT;
	vs.		)	CONCLUSIONS OF LAW;
			)	AND RECOMMENDED ORDER
MICHELLE PERCIVAL, PRESIDENT,			)
TRI-COUNTY FEDERATION OF HEAD START			)
EMPLOYEES, MEA-MFT, AFT, AFL-CIO,			)
		Defendant.	)