PRESIDENTIAL ADDRESS

As I start my term as President, I have to ask myself “how in the world did I get here?” Then it comes to me ... the Nominating Committee, the Board of Directors and the members! Thanks for your support; I am honored to serve the association.

My goals are to maintain and improve our educational programs, services and activities all of which benefit our industry and members. That all said, with the e-mails already starting to flow, our “IFCA Mom,” the Executive Director Kim Clerkin, is sure to keep me informed of what is happening or what must be done!!! I will work closely with the Board of Directors and committee representatives to ensure that the decisions made on behalf of IFCA are the right ones. I am confident that with all of our members participating in the association we will continue to do well.

I’d like to thank Tony Iannucci for his service to our organization over these past two years — he did a great job! Thanks Tony!!!

One more thing, Kim Clerkin, Tony Iannucci, and I had the opportunity to meet with Charles Brock, the Director of the Carpenters Joint Apprenticeship Committee. Charles will be in charge of the Apprentice School. After our meeting, I left feeling confident in his qualifications and ability to handle his new job. Metropolitan Regional Council made an excellent choice. Give him your support as he starts the new school year.

Respectfully, Raymond M. Shoemaker, President of IFCA
Raymond Shoemaker, Inc.

Disclaimer: While this newsletter is designed to provide accurate and authoritative information on the subjects covered, IFCA is not engaged in rendering legal, accounting, other professional or technical advice. IFCA cannot warrant the accuracy of the information contained in this newsletter and disclaims any and all liability which may result from publication or of reliance on the information provided herein. If legal advice or other expert assistance is required, the services of a competent, professional person should be sought.

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UNION UPDATE

METROPOLITAN REGIONAL COUNCIL

Edward Coryell, Executive Secretary-Treasurer/Business Manager

The carpenters JAC has a new Director, Charles Brock. IFCA welcomes Charles to his new position. To provide you with some background information on Charles, he too is a graduate of the Apprenticeship Program — isn’t that great! He has worn many hats in our construction industry — foreman, assistant superintendent, superintendent, etc. He was also extremely involved in the Maple Shade School District where he sat on the Board of Directors. At Maple Shade he also participated in the Facility, Curriculum and Finance Committees. As you can see, Charles’ background is perfect for the position of JAC Director. Charles is enthusiastic about our industry and IFCA looks forward to a great working relationship.

At this time, IFCA would like to thank Jim Brennan for his years of dedication to the carpenters. Jim has been the JAC Assistant for some time and has been a great friend to IFCA. We wish him well in his retirement (and yes, some of us are even jealous)!!! p>

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

Harry Williams, Business Manager/Secretary Treasurer

IFCA attended the quarterly Craft Committee meeting. We spoke about the Apprentice List (by Shop), the current status of the program, recruitment, and the success of the Grand Opening/Safety Saturday.  We are scheduled to meet again in December. If any member has any question about the Apprentice Program, please feel free to contact IFCA (610) 225-1050 or Chuck Murtha (215) 501-0130 ext. 18.

IFCA’s representative for the JATF is Mark Duffy from Sloan & Company. There was JATF meeting on August 22. The meeting topics included a Financial Report, the Drywall Finishers, Enrollment and Apprentice Standards

IFCA has created a Joint Association Committee for DC 21 — this committee will consist of union and employer representatives and will take place late fall.

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LABORERS' DISTRICT COUNCIL ("LDC")

Wade H. Stevens, Jr., Business Manager

Wade Stevens says that his union has plenty to offer to signatory contractors, project owners, or anyone else who wants to do business with the Laborers District Council, including information ranging from bidding opportunities to contractor searches. The laborers have some of the best trained, most productive and safest workers in the industry.  When you unionize you get a highly effective work force that is dedicated to improving your bottom line. IFCA’s professionals care about their bottom line too. If you’re a contractor and have an industry concern, give Wade a call.

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

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GET THE SCOOP

LMCI Finishing Industries Forum: The LMCI’s 3rd Annual Finishing Industries Forum is scheduled for November 12-15 @ Caesars Palace in Las Vegas, Nevada. The association attended last year ... this is a great venue for our contractor members. Please contact the IFCA office if you want to register and/or receive additional details.

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

• October: Our Guest Speaker for our General Membership meeting will be Brian Preski, IFCA’s lobbyist.
• November: Our Guest Speaker will talk to us about the local Financial Forecast.
• December: There will not be a meeting of the Board of Directors/General Membership.

EDUCATION:

• OSHA TRAINING: OSHA training is available to our members through several sources — the Mid-Atlantic Construction Council, the JAC or District Council 21. For more details, contact the association office.
• DREXEL FALL TERM: If you are interested in taking construction-related courses, tuition reimbursement is available to any field or office personnel. In order to be eligible you must work for an IFCA member in good standing. For information about Drexel, contact the Carpenters JAC @ 215-824-2300. For information on the Community Colleges, contact the Consortium @ 215-218-3886.
• COMPUTER CLASSES: Don’t forget — the association can arrange for you and your office personnel to take computer classes @ DC 21 or the JAC. Scheduling is flexible — we request a minimum of 8 participants. Contact IFCA for more details.

DISCA:DISCA is a UNION contractors’ association just like IFCA. Their home base is northern New Jersey. DISCA is holding a convention this year in Atlantic City, New Jersey October 3-5, 2007, @ the Tropicana. IFCA would like to encourage our members to participate in it either by attending a seminar, playing in their golf outing or by attending the Awards Gala on October 5. Specific details about DISCA’s convention have been sent out to the IFCA membership by e-mail. Please contact IFCA regarding your participation plans asap. Thank you!!!

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SAFETY SEGMENT

“MENTORING”

By John H. Young, EHS Director Skanska Blue Bell and member, MACSC

In preparation for relocating our fifth and last child to college recently to start her freshman year, I got caught up in listening to my wife going through a mental list of “dos and don’ts” with her. The basics have been well covered for years, things like good hygiene and posture, clean up and housekeeping and basic nutrition including food selection and portion size. These items are generally covered in the course of normal day-to-day living, sometimes verbalized but always understood.

But there are those situations which we know will arise which have not been discussed or covered and which will fall outside the realm of typical experiences-to-date. There have been discussions about lessons learned from things which we have heard or read about which other people have gone through but the impact is not the same, especially when being discussed with a teenager of the “that-will-never-happen-to-me” mindset; if it is not direct and personal, it loses meaning.

We will stay connected and be communicating with her on a regular basis, offering support and counseling remotely as best we can. The hope is the mentoring we did while she lived with us full time for the past eighteen years has built a good, solid core of values and insights that will keep her grounded and able to deal with new situations. If you are a parent, you can easily identify with what we are going through regardless of your children’s ages. This is one of those stages of life through which most of us eventually pass.

There is more to this, though, than just a family thing. I mentioned “mentoring” previously, that which we imparted to our daughter just from her living with us and being a part of the family. Think of it as the “stuff that rubbed off on her” as some would say. This process is natural and happens where we work also. Whether we are dealing with new or less experienced Project Engineers or Estimators, Admins. or Craftsmen, this mentoring thing will take place. We lecture, train, educate, reinforce, and do all those things to impart knowledge and skill to someone else. The nuts and bolts of the job are conveyed using any and all of these things.

But what others learn from us is not just that which we speak or write. The “learner” is also observing the “teacher”, taking in what and how we do things, how we act, what we wear, what our body language is saying and all those things we say and do just “living”. The “learner” then combines what we have imparted through the written and spoken words with all the other aspects of us which they have observed. Thus the combined body of knowledge and skill is much larger and diverse from that which we “preached”. Understand that this teacher/learner relationship is not formal like the parent/child one. The learner could just be someone who sees the teacher being what he or she wants to become.

In much simpler terms, mentoring is simply “Walk-the-walk” and “Talk-the-talk”. If the teacher follows the “do-as-I-say-and-not-as-I-do” approach, the mentoring still takes place and the knowledge and skills are still acquired, however, what is passed on reflects all the wrong things. Your children see you literally 24/7, through good and bad, year after year. Coworkers see a smaller segment of you, usually more controlled, but still having a big impact on them.

Perhaps this is a good time to reflect on your mentoring “skills” both at home and at work. If you are honest with yourself and those around you, you have been influencing them and having a positive impact without even thinking about it.
How to create a professional image for your business ...

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ROBIN KRAMER & GREEN

HOW TO CREATE A PROFESSIONAL IMAGE FOR YOUR BUSINESS...

Often the most important difference between a growing vibrant business and a company that struggles year after year is image. Customers can perceive your company as a stable professional organization or a slipshod company that recently emerged from somebody’s garage. Your goal, as a small business owner, is to ensure that you’re building trust — and therefore, repeat business — with your customers. Here are three simple ways to highlight your firm’s professionalism.

Use the Phone wisely. Often the first contact with a customer will be over the phone. Make that first impression count. You might be trying to calm an irate vendor or struggling to fix a computer problem, but your customer needs to feel he or she is your primary concern. Your tone with clients should be clear, pleasant, and concise. When returning a client’s phone call, leave your name, time of the call, phone number, and a clear but brief message. It’s also best to repeat your number slowly at the end of the message and let the customer know the best times to reach you.

Get back to them—right away. How many firms lose business because they don’t respond to customer queries in a timely manner? Whether you’re providing complex price estimates or answering simple questions about your services, it’s best to shorten the gap between the customer query and your response as much as possible. Sometimes all that’s required is a call to let the customer know that you’re addressing the issue. Most people understand that businesses have competing priorities. What they don’t understand is business owners who don’t care enough to pick up the phone.

Welcome them to the office. Whether you run a construction company, a manufacturing company, or an insurance firm, your customers need to feel comfortable when they walk in the door. This means providing them with a friendly reception, a clean place to sit, and a pleasant atmosphere. Customers shouldn’t be subjected to foul language, office gossip, or unnecessary noise. The waiting room is also a great place to showcase your firm’s accomplishments and credentials.

If you have any questions concerning the above, contact Robin, Kramer & Green.

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

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

Contact Robin Kramer & Green to discuss your retirement options.

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KIM Says...

Finish First Awards: Pictures from this year’s event are on display @ www.ifcassociation.com. SAVE THE DATE for next year ... we have a new location along with a new date: Park Hyatt Philadelphia at the Bellevue on Friday, June 6, 2008!!!

Mini-Member only Golf Outing: On July 18, IFCA invited our members to a mini Golf Outing @ Rivercrest Golf Club. The purpose of the outing was to demonstrate IFCA’s appreciation to our members for their commitment and loyalty to this organization. I know that TIME given to IFCA is TIME away from your business. Your participation in our Union Construction Industry makes a difference!!

Bond Reimbursement : The association provides bond reimbursement to our members. Our agreement with the carpenters requires a $75,000 bond while the IUPAT bond is tiered based on manpower (1-15 is $30, 000; 16-35 is $40,000; over 35 is $50,000). The maximum reimbursement for members per bond is $1,000. Questions should be directed to me.

Lobbying Services: IFCA has engaged the services of a Lobbyist. Brian Preski, from Wolf Block, came on board with our association in April! We are now featuring a quarterly article from Brian in our newsletter — please refer to page 9 for specific details.

New IFCA Officers/BOD:Please join IFCA in congratulating our new officers — Raymond Shoemaker, President; Harry Skelton, Vice President; Gary Blaszczyk, Secretary/Treasurer. In addition to our officers, IFCA’s BOD representatives are: Tom Clerkin, Tony Iannucci, Frank Lutter, Tony Martinelli (emeritus), Chris McElwee, Al Ruggieri (emeritus), and Dane Shiplee. These folks work with IFCA daily to address industry concerns.

New ADDRESS for the IFCA Office: Please update your records to reflect IFCA’s new address: 530 E. Swedesford Rd., Ste. 106, Wayne, PA 19087. Our phone number is 610-225-1050; our fax number is 610-225-1052; our e-mail is: kimclerkin@attglobal.net. Thank you for your attention to this change which is effective immediately.

Thank-you Mr. President (Tony Iannucci)! Through Tony’s direction, the association grew, our programs were enhanced, we successfully negotiated agreements with our unions and embarked on lobbying efforts. I will miss my daily communications with him but I know that he will continue to work on IFCA’s behalf through his BOD position and committee seats. Now instead of frantically tracking him down regularly I can just pick up the phone and call to say HELLO. Thanks again Tony!!!

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LEGAL NOTES FROM STEVENS AND LEE

New Jersey’s Construction Industry Independent Contractor Act (“CIICA”) became law on July†13, 2007. It includes criminal and civil penalties for New Jersey construction industry employers who improperly classify construction workers as independent contractors.

The CIICA was enacted and passed to protect workers by fighting independent contractor misclassification which puts workers at risk and unfairly disadvantages honest employers as well as costs the state millions of dollars in foregone tax revenue. In particular, there are two practices by which employees are improperly misclassified: (1)†employees who should receive a W-2 from their employer but instead are given a 1099 and treated as if the employees were self-employed; and (2)† those employees who are paid in cash “off the books.”

Under the CIICA, the term “employer” is broadly defined to include a partnership, association, joint stock company, trust, corporation, or other legal business entity or successor who is “engaged in the business of, or enters into contracts for, making improvements to real property and includes any subcontractor or lower tier contractor.” As a result, any workers hired to make improvements to real property for compensation are considered “employees” and there is an employer-employee relationship with the hiring entity, unless the entity can demonstrate:

• the worker has been and will continue to be free from control or direction over the performance of that service, both under his contract of service and in fact;
  
• the service is either outside the usual course of the business for which the service is performed, or it performed outside of all the places of business of the employer for which
• the service is performed; and
  the worker is customarily engaged in an independently established trade, occupation, profession or business.

This test is similar to the test used under New Jersey’s unemployment and wage payments laws.

If an employer misclassifies an employee as an independent contractor, the penalties are considerable. If an employer misclassifies a worker, the employer may be fined not less than $100 nor more than $1,000 or be imprisoned for not less than 10 nor more than 90 days, or both. Each week that an employee is misclassified, even for one day, it is a separate offense for each misclassified employee. The potential penalties also become more severe if the misclassification is done “knowingly.”

In addition to any criminal penalties that may be imposed, the Commissioner of Labor and Workforce Development is authorized under the CIICA to assess and collect considerable administrative penalties up to a maximum of $2,500 for a first violation and up to a maximum of $5,000 for each subsequent violation. The Commissioner will not impose any administrative penalty unless the alleged violator has been notified of the violation and the amount of the penalty to be imposed. The alleged violator will have an opportunity to request a hearing before the Commissioner within 15 days following the receipt of the notice.

If the Commissioner finds that the misclassification was done knowingly or if the employer is convicted of a crime in the second, third, or fourth degree related to the misclassification which is defined by the Act, the employer will be prohibited from working on any public projects for 3 years. The Commissioner also has the authority to order the immediate suspension of the contractor’s registration if the Commissioner deems such action would be in the public’s interest.

Also, if an employer has a second violation, the Commissioner can issue stop-work orders that immediately stops all business operations at every site where a violation occurred. If the employer has a third or more violation, the Commissioner can issue a stop-work order for all business operations of the employer. The Commissioner can also assess and collect a civil penalty of $5,000 per day a stop-work order is violated as well as another $5,000 civil penalty for each misclassified employee.

The CIICA also permits a misclassified employee to bring a cause of action against the employer for damages. An individual representative, including a labor organization, can also bring an action on behalf of the individual or as a class action. In addition to being liable for damages to an individual or class of individuals who have been misclassified, the court may award attorneys fees and other costs associated with bringing the action.

The CIICA also prohibits discrimination and retaliation against any person who has exercised his/her rights under the CIICA. Rights under CIICA include the right to file a complaint or inform any person about an employer’s failure to comply with CIICA; the right to inform any person of his potential rights and to assist someone in asserting those rights. If an employer takes any adverse action against a person within 90 days of the person exercising his/her rights under the CIICA, there is a rebuttable presumption that the adverse action was taken in retaliation for the person exercising those rights.

Also, if an employer has a second violation, the Commissioner can issue stop-work orders that immediately stops all business operations at every site where a violation occurred. If the employer has a third or more violation, the Commissioner can issue a stop-work order for all business operations of the employer. The Commissioner can also assess and collect a civil penalty of $5,000 per day a stop-work order is violated as well as another $5,000 civil penalty for each misclassified employee.

The CIICA also permits a misclassified employee to bring a cause of action against the employer for damages. An individual representative, including a labor organization, can also bring an action on behalf of the individual or as a class action. In addition to being liable for damages to an individual or class of individuals who have been misclassified, the court may award attorneys fees and other costs associated with bringing the action.

The CIICA also prohibits discrimination and retaliation against any person who has exercised his/her rights under the CIICA. Rights under CIICA include the right to file a complaint or inform any person about an employer’s failure to comply with CIICA; the right to inform any person of his potential rights and to assist someone in asserting those rights. If an employer takes any adverse action against a person within 90 days of the person exercising his/her rights under the CIICA, there is a rebuttable presumption that the adverse action was taken in retaliation for the person exercising those rights.

Accordingly, employers should carefully consider any decision to classify any worker as an independent contractor. If the classification is in error, whether knowingly or not, there are significant penalties involved for such misclassification. Employers should seek legal advice if unsure of the proper classification.

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FROM A CONTRACTOR'S POINT OF VIEW

ATTENTION IFCA MEMBERS

This space is reserved for IFCA Contractor Members only . If you have a “pet peeve” and /or a complaint or if you wish to report on something positive about the UNION construction industry—-this VENUE is for YOU!!! This space can be used to congratulate someone and/or to promote your UNION construction business!!! The “author” of an article submitted to IFCA for this space is confidential and your name won’t be attached to it.

Say something; say anything ... it shows you care about our UNION construction industry.

This article has been submitted to the IFCA office by an IFCA Contractor Member. This is a new feature and it will remain anonymous to provide our members with a chance to write about “topics that they believe are important.” If you wish to submit an article for our next newsletter, please contact the IFCA office (610-225-1050). NOTE: This article was NOT written by IFCA.

LOBBYING EFFORTS

Wolf Block .... submitted by Brian Preski, Esquire
1650 Arch St., 22nd Flr., Phila., PA 19103 (215) 977-2000 • e-mail: bpreski@wolfblock.com

As summer comes to a close, we once again will shift our attention to the happenings of Harrisburg where the House of Representatives and the State Senate are scheduled to return to voting session on September 24, 2007. Our summer has been filled with work completed together by IFCA and AGMA counsel to address the concerns raised by some contractors who worry that the mechanic’s lien legislation the association successfully advocated for and enacted in the prior sessions could allow some subcontractors to force a general contractor to make a double payment. Although everyone generally agrees that this situation could occur in only a very limited number of situations, in an effort to address the contractor’s concerns, we met, banged our heads together and came up with a reasonable and workable solution to address the possible double-payment problem. We have taken our draft and have presented it to the members of the executive committee of the GBCA. Currently, they are reviewing this language and we believe that they will see that it addresses their concerns while not upsetting our prior efforts to insure that all subcontractors have the mechanics lien in their legal arsenal to make sure that their hard work and efforts are protected. We are currently awaiting the response of the contractors as we hope to resolve this issue as soon as possible. Until then the original mechanic’s lien legislation remains in the House Judiciary Committee and it is our intention to introduce our own version of this legislative fix as soon as the General Assembly returns to session this fall.

As far as other matters, it is always hard to predict what will happen in Harrisburg, but it is clear that the fallout from the last cycle’s post pay-raise elections is still not over. Clearly, the individual members are concerned with calls for a new openness in the proceedings of our state government. Accordingly we have seen the House and Senate leadership make renewed calls for amendments to the state’s “open records” law. It is unclear how these changes will manifest themselves but our hope is that we can make adequate changes here so that there is more advance notice of upcoming state projects which affect our businesses and bidding opportunities. The Governor remains resolute that the top of his fall legislative agenda concerns the tolling I-80 and possible sale of the Pennsylvania Turnpike, his energy proposals and his “Prescription for Pennsylvania and Jonas Salk” health care and health care investment package. As always, however, world events and sometimes the crisis-of-the-day will take center stage should they arise.

Also, with the return of the cooler weather, the members will begin to think about election time. They must circulate their nominating petitions in February of 2008 and they will begin now to make preparations for that time. With that, you will begin to see them take higher profiles in the community and more noticeable public appearances within their individual legislative districts. Please take this opportunity to say hi to them and introduce yourselves. I cannot stress this enough, politics, like business, is all about personal relationships. You cannot underestimate the value of a five-minute conversation where you: 1) introduce yourself to them as a businessman or woman (whether it is small or large doesn’t matter); 2) tell them how many people you employ (once again whether it is 5, 10, 100 or 1000 doesn’t matter); and, 3) that you are part of a bigger organization (IFCA or the Union) which has many more business people just like you. These things will stick in their minds when we are faced with a tough vote and Kim or I may call you and ask you to reach out to someone. As you know, when you make the relationship when we’re not asking for anything is a whole lot easier to make it when we are.

CALENDAR

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IFCA

Kimberly A. Clerkin, Executive Director
Valley Forge Office Center
530 E. Swedesford Rd., Ste. 106
Wayne, PA 19087
Phone: 610-225-1050
Fax: 610-225-1052
Email: kim@ifcassociation.com

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