PRESIDENTIAL ADDRESS

Now that the summer is coming to an end, the kids are ready to go back to school and most of us are returning to our routine of every day life, we can't forget one very important subject -- SAFETY.

We all realize that part of our everyday life is taking care of the safety of our family. And just like your family's safety, it is just as important to take care of your other family's safety -- your employees. After all, they are your company's and businesses' most important assets. It is the responsibility of everyone in your organization, from top management, to the people driving your trucks, to develop and maintain a safe working environment for themselves, their co-workers and the clients. In our trades, workers' compensation insurance rates have become a significant cost to labor rates. As the costs for all health care continues to rise in this country, we can safely assume that workers' compensation insurance will also follow suit. Therefore, I'm sure it is in everyone's best interest to be pro-active and to maintain a safe working environment at all times.

Each of us truly needs to establish a very good "official" safety program that can be distributed to all your office and field personnel. This safety program should contain and spell out what is known to be the best and safest way of operating in our respective fields. Not only will having a good safety program significantly cut down on injuries and workers' compensation claims, it will help by lowering your "experience mod. rates", which directly translate to lower premiums. Safety programs = safe workers = lower exper. mod. rates = lower premium costs = better bottom line. Safety pays off.

At IFCA, we look at safety as an important issue -- as important as any other in our industry. That is why we have expended so much time and effort into putting together the many programs and services on safety we now offer. Some of the services we offer include, OSHA certification 10 & 30, AWCI Safety Software, which includes a Safety Manual, an Employee Safety Handbook, and Toolbox Safety Talks. We also offer various seminars throughout the year. All these things are a good recipe for success. Let us help you take advantage of these many services.

—Tony Iannucci, President of IFCA, Aimm Philadelphia Installations, Inc. (856-546-1212)

Back to top

WHAT'S NEWS WITH THE UNIONS?

METROPOLITAN REGIONAL COUNCIL

Edward Coryell, Executive Secretary-Treasurer/Business Manager

• A Joint Association Committee meeting is scheduled for October 11. This meeting is designed to address industry concerns -- from the Union's perspective as well as from the Employer's perspective. If you have an agenda item you would like IFCA to address for you as a union interior finish contractor (Member or Industry Contributor), please contact the association office (610-225-1050).
  
• The new agreement books have been printed -- ALL IFCA members have received a copy of the new book. If you are an Industry Contributor or a Member looking for a copy of the new agreement, please contact the IFCA office.
  
• Please make sure that you follow our new agreement. The three items IFCA wishes to remind our members about are: (1) send in Job Start Forms (you can download a form off of the IFCA web site -- ALWAYS keep a copy of your fax confirmation page); (2) make sure that you have the required bond coverage ($75,000); and (3) sign up for E-Remittance (contact Joe Obuchowicz, the Fringe Benefits Collection Manager, with your questions). If you wish to discuss any change to our new agreement, please contact Kim Clerkin, IFCA's Executive Director.

Back to top

INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES DISTRICT COUNCIL 21 ("DC 21")

Harry Williams, Business Manager/Secretary Treasurer

• The IUPAT is holding a National Conference for Finishing Contractors. The conference will take place in Las Vegas November 12 --15. Contact IFCA if you wish to receive specific details about this conference. Representatives from our association will attend.
  
• On August 5, IFCA and our contractor members attended a Craft Committee Meeting for the Drywall Finishers. We spoke about apprentices (by shop) making sure that everyone is hiring the proper ratio. Chuck Murtha, the Drywall Finishers' Instructor, reviewed the curriculum for the new 4-year Apprentice Program (he will talk about it in greater detail at our General Membership meeting October 2). We also spoke about the importance of the New Shop, which is used for training -- let's thank the Philadelphia Carpenters (Joe Durkin's apprentices), Fastrack Construction, Grabber, Marino/Ware, and USG for their generous donations to the New Shop.
  
• The printed changes to our new agreement book will be distributed to all contractors shortly. Note that the changes will be printed in red-ink -- when you receive them you will be instructed on where to place them in the 3-ring binder agreement book. Please be sure to adhere to all contract clauses contained in our agreement. 

Back to top

LABORERS' DISTRICT COUNCIL ("LDC")

Wade H. Stevens, Jr., Business Manager

• The new agreements will be distributed shortly -- please make sure that you adhere to all contract clauses. Questions about our new agreement should be directed to the IFCA office.
  
• Wade Stevens says, that for signatory contractors, project owners, or anyone else who wants to do business with the Laborers' District Council, he'll provide information to them ranging from bidding opportunities to contractor searches.
  
• The laborers believe in the principles that unionism was founded on: a fair day's pay for a fair day's work ....

  IFCA is available to assist any contractor member with respect to labor relations-contact Kim Clerkin, the Executive Director (610-225-1050).

Back to top

GET THE SCOOP

The line-up for Guest Speaks at our monthly General Membership meetings is as follows:

• September: There will not be a meeting of the BOD or General Membership.
• October: Our Guest Speaker, Ted Garrison, will address our union employers on "How to Increase Your Company's Effectiveness and Efficiency." In addition, representatives from DC 21 plan to attend to review the current curriculum and to speak about the new 4 Year Apprentice Program.
• November: Steve Adams, from Stevens & Lee, will join our meeting to discuss HB 1637, which is an amendment to the Pennsylvania Mechanics' Lien Law. The amendment becomes law January 1, 2007.

Education:

• OSHA TRAINING: The Mid-Atlantic Safety Council has resumed their OSHA 30 training. The fall schedule starts September 6 ending November 15. The winter schedule starts in January. Contact the association for details.
• WORKSHOP: Ted Garrison has put together a workshop on the topic of "How to Increase your Company's Effectiveness and Efficiency" which is being offered to your project managers, foremen, estimators, etc. on Tuesday, October 3 starting @ 4:30 p.m. @ La Collina -- dinner will be provided. All attendees will have the chance to participate in a $250 raffle.
• SAFETY SOFTWARE REVIEW: The association distributed FREE Safety Software packages to all members back in April. Now that summer is over, IFCA is offering a one-day workshop on October 16 @ 10 a.m. ending by 3 p.m. @ our office for a live demonstration on the software. Send the person(s) in your office responsible for your safety program as well as administrative functions.

IFCA's annual Holiday Party: IFCA's annual Holiday Party will take place on Monday, December 4. Look for your invitation mid-November.

2007 Winter Conference: The association's annual Winter Conference will be held @ Casa de Campo February 22-28, 2007 -- this event is for members only. Last year's Legal Seminar was informative -- if you have a topic you want us to address at the conference, please send the association an e-mail (kimclerkin@attglobal.net).

Back to top

SAFETY SEGMENT

Elevated Mast Climbing Work Platforms

Workplace fatalities continue to plague the construction industry. In a 2005 AFL-CIO report Death on the Job: The Toll of Neglect, it was written that "Most of these construction deaths go largely unnoticed but for the minimal coverage provided by the local press." June 27, 2003 -- A twenty six year old first year apprentice was tragically killed in a worksite accident involving a mast-climbing work platform. September 9, 2003 -- A forty four year old journeyperson, and father of two, also lost his life while dismantling a mast-climbing scaffold. While it is not necessary to examine all the circumstances surrounding both of these fatalities, they are both stark reminders of risk on construction sites.

Perhaps some are now wondering what exactly a MAST-CLIMBING WORK PLATFORM is. The general description includes a work platform with rack and pinion drive. The basic 'machine' consists of a drive unit, platform elements and fences (guardrails), chassis or ground frame,, and a control system. It is usually supported by a single or double 'mast' component. These automated systems provide fast, efficient access to working positions in industrial, construction, and renovation environments. While maximum lifting heights vary according to manufacturer, some prototypes can attain heights up to 660 feet. The machines may be 'freestanding' or may require different anchoring configurations, or engineered 'tie-ins.' While you are more likely to encounter one of these machines in brick and masonry settings, architectural metal and glazing contractors, as well as painting and general contractors are now utilizing Mast-Climbers to perform an array of construction assignments. One manufacturer claims that their product is "less obtrusive than scaffolding; flexible enough to accommodate various building features; and that shorter erection and dismantling times are achieved." Many contractors feel the platforms are 1) efficient, 2) safe, 3) versatile, 4) convenient, and 5) productive -- if used properly, as one contractor emphasized.

There are many inherent dangers while working in elevated positions. The need for safety training cannot be overemphasized!! Under the OSH Act of 1970, workers have a legal right to workplaces which are free of recognized health and safety hazards ("General Duty Clause"). The training obligations of employers are set forth in the OSHA Standards for the Construction Industry 29 CFR (Code of Federal Regulations) Part 1926. Section 451 itemizes Scaffold General Requirements, while Section 454 depicts Training Requirements. While these standards do not specifically refer to Mast Climbers, a Compliance Assistance Specialist in the Philadelphia region expressed that manufacturers' recommendations must also be adhered to. ANSI/SIA (American National Standards Institute/Scaffold Industry Association) A29.0-1993 standards are integral to safe operation. Only competent, qualified, authorized, and TRAINED personnel "shall be permitted to operate Mast Climbing Work Platforms."

All construction workers must be trained in hazard recognition. Some common hazards relevant to Mast-Climbers included:

• Platform overload
• Lack of proper fall protection
• Modifying or configuring the platform "in a manner that deviates from the original design"
• Improper anchorage
• Excessive gaps between the platform and the building
• Lack of guardrails
• Failure to provide stability to the machine while dismantling the last 'tie-in'
• Failure to conduct safety training
• Materials falling from the platform

Source: Mohammed Ayub: Directorate of Construction, OSHA

The above is only a portion of Pat Merk's, Health & Safety Director for District Council 21 and Member of MidAtlantic Construction Safety Council, article. To receive a copy of the complete article, please send an e-mail to Kim Clerkin (kimclerkin@attglobal.net).

Back to top

ROBIN KRAMER SAYS…

Manage your AGI to save your tax breaks

One number on your tax return has special importance. Youíll find it at the bottom of the first page. Itís called "adjusted gross income" or AGI for short. Why is it important? Because your AGI controls your qualification for numerous deductions and credits. It can even affect your eligibility for retirement plans.

For example, if your AGI is too high you could lose all or part of the following tax breaks:

• Deductions for medical expenses, work expenses, student loan interest, total itemized deductions, and personal exemptions.
• Tax credits such as the child credit, Hope and Lifetime learning credits, and dependent care credit.
• Ability to contribute to a Roth or Education IRA, or to deduct a traditional IRA contribution.
• And that's just a partial list. That's why managing your AGI can be a smart move.  Even a small reduction in AGI can sometimes qualify you for a bigger tax break.

Consider the following ideas to reduce AGI:

• Reduce taxable wage income by contributing to a 401(k) plan or a deductible IRA.
• If you'íre self-employed, manage income by delaying year-end invoices or accelerating purchases. Open a solo 401(k) plan to shelter income.
• Sell poorly performing investments to generate capital losses and offset investment gains. Evaluate investing to tax exempt municipal bonds.
• Make sure you use all legitimate "above the line" adjustments, which directly reduce AGI. These include such items as student loan interest expense, self-employed health insurance deductions, health savings accounts, and moving expenses.

For suggestions on managing your AGI and an evaluation of the tax benefits, please give us a call.

Robin Kramer & Green, LLP
425 Commerce Dr.
Ft. Washington, PA

215-641-8300 (O)
215-641-8335 (F)
info@rkgcpa.com

Back to top

TAKE IT FROM KIM

IFCA Membership: If you are not a member of IFCA, please contact the association to discuss membership opportunities. We're always looking to enhance our member benefits and at IFCA we believe we have a lot to offer to union interior finish contractors. Take a look at the list of our members (page 3), they have the best reputations in the industry. Call me @ 610-225-1050.

New Member Benefi - Web Site Reimbursement As a result of the increased Industry Advancement, the Board of Directors has approved of a new member benefit -- Web Site Reimbursement. To learn more about this new member benefit, please contact the association office @ 610-225-1050. Maximum one-time reimbursement is $1000.

2006-2007 Membership Books: The 2006-07 IFCA Membership Books are in the process of being updated. New Membership Books will be distributed early October -- look for your copy.

AWCI: IFCA is a Charter Chapter at AWCI. Recently, the Foundation of the Wall and Ceiling Industry, a sector of AWCI, published "Preparing for Tomorrow." If you are in the construction industry, this publication is worth reading. To download a copy of it, go to www.awci.org (select About the Foundation). Also, feel free to contact AWCI direct @ 703-534-8300.

IFCA has plans to work with a professional organization to establish a local Market Study. We believe that this study could be beneficial to our contractor members and union partners.

Refer to our web button for information about this year's Finish First Awards. Next year's event is June 1, 2007.

ATTENTION all IFCA Members and Industry Guests who supported the FINISH FIRST AWARDS, if you want to include a flyer in our quarterly newsletter about your company/business, please contact the IFCA office to discuss cut-off dates and formatting.

"It is not the strongest of the species that survive, or the most intelligent, but the one who is most responsive to change." unknown

Back to top

LEGAL NOTES FROM STEVENS AND LEE

TIPS FOR UNEMPLOYEMENT COMPENSATION HEARINGS

What should you do when you receive the "Notice of Hearing"? Review the notice checking the place, date and time of the hearing.  You may request a new hearing date if you have a valid reason for continuing the hearing.  To request a continuance, fax a letter outlining your reason for the continuance to the assigned UC Referee.  Request your continuance as soon as practical after you receive the hearing notice. The UC Referee assigned to hear your case will either grant or deny the request.    

Prepare for the hearing in advance.  The issues that can be brought up at the hearing are those upon which the initial unemployment compensation decision was based.  These issues will be spelled out in the job center determination and the notice of hearing.  A claimant can be denied benefits if he/she: voluntarily quit without a compelling reason; were fired because of willful misconduct; refused suitable work; was unable or unavailable to work; was incarcerated following a conviction; and/or participated in a strike. 

Plan your argument according to the issues before the UC Referee.  Make a list of facts you want to testify to, a list of questions you want to ask the claimant and/or witnesses and prepare any documents or exhibits you plan to introduce into evidence.  If you wish to submit documents into evidence, please bring additional copies for the Referee and the claimant.  Documents that are made part of the record cannot be returned. 

Be prepared to present testimony on the issues.  If you are bringing witnesses to the hearing, ensure that they are testifying based on their own first hand knowledge of the facts.  Hearsay is when someone tells what someone else said.  This is second hand knowledge.  Also, don't be afraid to object to hearsay testimony presented by the claimant. 

During the hearing, remain calm and reasonable.  The Referee will ask everyone who plans to testify to swear, or affirm, that they will tell the truth.  The hearing will be recorded by tape recorder.  Be sure to speak clearly and do not interrupt when someone else is talking.  The Referee and/or claimant may ask you questions.  Refrain from shaking your head or shrugging your shoulders when answering questions.  Nonverbal cues cannot be recorded on the tape and will not be part of the record.  Remember the Refereeís hearing is the only place to present your case: testimony, witnesses and documents.  Any appellate review of the Referee decision is limited to the transcript of the hearing and documents either already entered into the record or documents submitted at the hearing. 

Questioning the claimant.  You may ask the claimant some questions.  If you think the claimant or a witness will lie, it is usually best not to ask him/her questions especially if you can get the answer you want from one of your witnesses or through your own testimony. 

Right to a closing argument.  After all of the testimony is taken, you have the right to summarize your case and explain why the claimant should not be entitled to benefits.  Use this opportunity to explain why the job center determination was either right or wrong and why.  Your closing argument should be short and only discuss testimony that was already presented at the hearing. 

What happens next?  The Referee will send you a copy of the decision.  Review the decision carefully.  If the Referee ruled against you, you have only 15 days from the mailing date of the decision to file an appeal with the Unemployment Compensation Board of Review. You can submit your appeal via mail, fax or e-mail.  Your appeal should state the specific reasons why you are appealing the determination.  If you file late, you must prove that circumstances beyond your control prevent you from filing on time.

IFCA’s attorney is Michael G. Tierce, Esquire—Stevens & Lee (215-751-2865)

Back to top

CALENDAR

Back to top

PICTURES

None this issue

Back to top

IFCA

Kimberly A. Clerkin, Executive Director
Valley Forge Office Center
676 E. Swedesford Rd., Ste. 300
Wayne, PA 19087
Phone: 610-225-1050
Fax: 610-225-1052
Email: kimclerkin@attglobal.net

We're on the web at www.ifcaassociation.com