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12/12/2012 Labor Board Meeting Page 1 December 12,2012 1 LABOR BOARD MEETING 2 SUMMARY & DIRECTION SHEET 3 4 The Following is a brief summary of the Agenda items discussed at the Labor Board Meeting,with 5 appropriate direction given to the responsible staff persons. The required follow-up actions are to 6 be taken by those responsible officials. 7 8 The Labor Board of the City of Las Cruces, New Mexico, held a Labor Board Meeting on 9 Wednesday,December 12, 2012, at 5:45 p.m., at City Hall. 10 11 THOSE PRESENT: Matt Holt 12 Ron Peterson 13 14 15 OTHERS PRESENT: Linda Lewis, Deputy City Clerk 16 17 18 Matt Holt called the meeting to order. 19 20 Matt Holt: So,we're here for the public meeting for the Labor Management Relation Board headed 21 by Matt Holt. We are here....Linda knows a little bit more about this stuff than I do. She has been 22 on this so much longer than I have, right? No. I understand there are three people who have made 23 requests to be appointed. One of them relatively recently and two sometime after. The relatively 24 recent one is Anthony Avallone who has previously served on this board. 25 26 Ron Peterson: The recent one? 27 28 Matt Holt:Yeah,that's the most recent one. John Phelan and Larry White. I know all three ofthese 29 gentlemen. I would like to recommend Phil Benson. Do you know Phil? 30 31 Ron Peterson: I don't know Phil. I don't know any......I know of Mr. Avallone only through my 32 prior career but I don't know him personally and I don't know any of these. 33 34 Matt Holt: Okay. Phil Benson is atenured professorat New Mexico State University. His expertise 35 and what he's teaching is labor law and human resources. I first met Phil when we were both 36 members of a society for human resource managers and (inaudible) stuff. I worked with him 37 occasionally over the years through the Society of Human Resource Managers and now finding him 38 kind of a next door neighbor at the New Mexico State University as I'm teaching there now. I'm in 39 a different department as 1 teach different subjects but he's in the office next to me, but he teaches 40 classes specifically on labor management relationships. He has previously served either on this 41 board or the county equivalent or both. He isn't sure he tells me because he remembers being on the 42 board and a number being called in the service like you're sitting on for years. He was on the City Labor Board Meeting Page 2 December 12,2012 1 once and I asked him if he would be willing serve again and he said he would. So, I'm throwing his 2 name in the hat. He is politically liberal I know in discussions we've had leading up to the 3 presidential election but when it comes to appointing stuff he's sort of middle of the road as best I 4 can tell. I don't regard him as either liberal or conservative regarding this. 5 6 Ron Peterson: What does the contract say? 7 8 Matt Holt: Right. What are people's obligations? 1 don't care if they inquire of the employee or 9 the staff. They need to fulfill their obligations, which is my philosophy. 10 I 1 Ron Peterson: Right. Most definitely. Have you read through any of these? 12 13 Matt Holt: I have not in detail. I know all three of these guys. Larry and Anthony are both lawyers 14 that I have practiced with and against for more years than I care to remember. Larry is still in private 15 practice. Larry is 64 and has been practicing law for about 35 years. He's with the Miller law Firm. 16 He does virtually everything in litigation including employment matters. Last I knew and my 17 information is somewhat between two and four years old, I don't remember how old, he was under 18 contract with the City back as a hearing officer in appeals and termination cases. He clearly has the 19 expertise and background to do stuff like this. I wonder whether or not that presents a conflict. 1 20 don't know if it does or doesn't. I certainly wouldn't have any problem with having Larry on the 21 board. Larry and I are friends. John Phelan I know from the title business. He does lots of real 22 estate stuff as he used to own a real estate closing company, title company. He's been on a couple 23 of different ones. I also think he used to be with the (inaudible) here in Las Cruces from time to 24 time. I think he was there as well. I think he was with Vista as well. I think we could work with 25 John,smart guy,honest,don't have any problem with him. Anthony Avallone,lawyer here in town. 26 As far as I know,he has been retired for a few years. He has been publically involved in things. He 27 has been on this board in the past. Anthony and I have butted heads apparently too many times 28 because I have been told that when Anthony was on this board, my name came up as an alternative 29 and Anthony said he would not work with me. So, I'm reluctant, frankly,to ask Anthony to come 30 work with us if he was reluctant to work with me. 31 32 Ron Peterson: Right. Okay. Well, based on the facts that I don't know any of these people, I 33 basically just have what I have gotten from you. You know these people personally and I certainly 34 defer to your better judgement. I just have no knowledge of any of these people at all. 35 36 Matt Holt: How do you feel about nominating Phil, Dr. Benson? 37 38 Ron Peterson: Like I said,if you feel he's......we both have pretty much the same philosophies when 39 it comes to plain labor stuff so we need to be fair and equitable and like you said what's written is 40 written and move on. I've been involved with the union people. I've agreed with them and I have 41 disagreed with them both so 1 think we... 42 Labor Board Meeting Page 3 December 12, 2012 1 Matt Holt: Weren't you part of the class action housing I was involved in? 3 Ron Peterson: I don't believe so. 4 5 Matt Holt: You were with the City though, right? 6 7 Ron Peterson: I was with the City. I was with the Police Officers Association. I had been part of 8 that group. I don't believe I was part of the County, part of that but occasionally. 9 10 Matt Holt: Okay. 11 12 Ron Peterson: So again, like I said, I trust you completely. Whoever you think would be the best 13 out of the four, whoever will serve the City the best and that's what we're looking for, right? 14 15 Linda Lewis: Okay. So, is that what you guys are deciding on? 16 17 Matt Holt: Dr. Benson, right? 18 19 Ron Peterson: Right. 20 21 Linda Lewis: I'll go ahead and take an official vote. Matt? 22 23 Matt Holt: Aye. 24 25 Linda Lewis: And Ron? 26 27 Ron Peterson: Aye. 28 29 Linda Lewis: Okay. You will need to give that to Mr. Benson and have him fill it out and then 30 return it to our office and at that time we will forward it to the Mayor and he will review it and make 31 a decision on the appointment. Okay? 32 33 Matt Holt: Okay, and under this"I live in District,I wish to be appointed by"should be the Mayor, 34 right? 35 36 Linda Lewis: Yes. 37 38 Matt Holt: I will get it to him. 39 40 Linda Lewis: Okay. Meeting adjourned. It is...let's go by the phone. 41 42 Ron Peterson: 5:539 Labor Board Meeting Page 4 December 12. 2012 1 Linda Lewis: 5:53. 2 3 Meeting Adjourned at 5:53 p.m. City of Las Cruces P E O P L E N E L P I N O P E O P L E LABOR MANAGEMENT RELATIONS BOARD NOTICE OF MEETING Notice is Hereby given that the Labor Management Relations Board will hold a meeting for the purpose of discussing and proposing a third member to the board on Wednesday, December 12, 2012 at 5:45 p.m. The meeting will be held at Las Cruces City Hall, 700 N. Main Street, Las Cruces, NM, in the City Clerk's Conference Room. Linda Lewis, CMC Deputy City Clerk Posted date December 3,2012