PRESIDENTIAL ADDRESS

In no time at all, I found out what it is like to be the President of IFCA! Kim calls me numerous times a week always starting off her conversation with "do you have a minute?" Time is passing quickly; let me tell you what's been going on ...

In the fall, I was honored to attend the Mid-Atlantic Construction Safety Council's ("MACSC") 10th Anniversary Celebration and Scholarship Dinner. Harry Skelton, IFCA's Vice President, joined me too. The program was packed with a variety of interesting speakers - all with the same focus of promoting and implementing the highest safety standards for construction. We congratulate Dona File for her role at MACSC and for her dedication to the industry and welcome MACSC's new president, Herb Strong.

Harry Skelton, Kim Clerkin and I attended a meeting hosted by the Philadelphia Building Trades and the GBCA. In attendance were various union trade representatives, union contractors and local union trade associations. The Agenda for this meeting included (1) Introductions; (2) Building Trades Council Perspectives; (3) Contractor Perspectives; (4) Distribution of Documents; (5) General Discussions; and (6) Next Steps. During the meeting, we were all asked to review a document drafted by the building trades - it was called "Philadelphia Building and Construction Trades Council Jurisdictional Policy." In addition, we received a copy of GBCA's Policy Statement on Jurisdictional Disputes. A lot of attendees had a lot to say ... at the end of the meeting, though, I was uncertain that any real progress had been made mostly because I believe that jurisdictional disputes need to worked out amongst the union trades. As a union contractor, I hope to provide union employees with as much work as possible. I also hope to attract new customers - convincing them that the best way to fit-out their project is with me - a union contractor! The fighting amongst our trades doesn't do anything to promote our union construction business. I heard one of the speakers say that nation-wide union construction is around 12%?!??! I was disturbed by this figure and you should be too! I feel like I am doing my part to promote work site harmony which in turn is good for the UNION construction business - are you?

December is typically a quiet month in our industry which is perfect for holiday celebrations!!! I want to wish everyone a Merry Christmas and a Happy and Healthy New Year. Respectfully submitted by Ray Shoemaker, 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 held an Interior Systems Conference early fall in Las Vegas. IFCA provided the membership with the following report about it -- the conference was attended by business agents, business owners, and organizers and representatives from the International. The basic theme was productivity and working attitudes. In addition, many seminars were offered discussing improper use of 1099s, jurisdictional disputes and open-shop competition. There was a discussion about the varying packages and wage differences throughout the United States too - take note that Philadelphia has one of the highest benefit packages. As stated earlier, the focus was on training and education and productivity; therefore, for the 2008 Apprentice Program, according to Doug McCarron, the International will mandate that all apprentices attend a 3-day seminar in Las Vegas on productivity and attitude training.

IFCA and the carpenters Joint Association Committees met in October. The agenda items included 1-Work Outlook for 2008; 2-Jurisdictional Disputes; 3-Job Starts (SEND THEM IN); and 4-the Apprentice Program. Our next meeting will take place during the winter months.

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

Harry Williams, Business Manager/Secretary Treasurer

The Painters and Allied Trades LMCI hosted their annual Finishing Industries Forum which took place in Las Vegas. The Agenda was packed with informative workshops, guest speakers and committee meetings. Mark Breslin always does a great job as a guest speaker. The group also heard from Sean McGarvey. The workshops included Top Workplace Performance, National Agreements, Finishing Trades Institute and Legal developments/updates. We look forward to next year's program!!!

The Craft Committee met recently to discuss the Apprentice List by Shop, Current State of the Apprentice Program/Disciplinary Actions, Accreditation and Recruitment. The next meeting will take place in the spring.

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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

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

• January: Our Guest Speakers come from District Council 21 -- we'll hear from Chuck Murtha and Al Pisacano.
• February: For our Guest Speaker, the membership will meet Charles Brock, the new Director for the carpenters' JAC.
• March: 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 Safety 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.

WINTER CONFERENCE: IFCA's annual Winter Conference is scheduled for February 28-March 5. The conference will take place at the Fairmont Mayakoba which is located in the Mexican Riviera. Mike Tierce, our attorney, is working on a list of topics that will be discussed at our Legal Workshop. Don't forget that Mike is available to all attendees throughout the week to discuss any industry concern.

AWCI: The Annual Convention and Intex Expo takes place in Paris/Bally's Las Vegas - Las Vegas, Nevada March 23-27, 2008. Members are encouraged to attend ... the Trade Show is the best in our industry!

Congratulations to Tim Weis, of T.J. Weis Construction in St. Louis regarding his nomination to AWCI's Executive Committee.

AWCI has formed a UNION Contractors sub-committee to discuss items important to union contractors.

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SAFETY SEGMENT

“MENTORING”

By John H. Young, Skanska USA and the MACSC

Some important aspects of performing work safely is to ensure the proper man power, materials, tools and equipment are ready and available when, and as, the work is being performed. Regarding materials, tools and equipment, it is a matter of logistics, economy and efficiency to have all the resources available as needed as the work starts and progresses. Thinking the task through and doing a decent job of figuring the schedule and pace of the work is the best way to "cover all your bases."  Creating a flow chart, schedule or some other visual aid to actually lay it out on paper goes a long way to be successful. Having it on paper also allows others to "think it through" and even improve the process.

The man power aspect includes the right people for the task, employees who have been adequately trained for the work and understand the hazards associated with it. What we must pay attention to is that workers learn both good and bad ways to get the job done. We all have seen the bizarre photographs of what workers will do left to their own devises; in planning for a task, we minimize workers having to go to extremes to do the work by ensuring the materials, tools and equipment will be provided and available when needed. OSHA uses a "Job Hazard Analysis" (JHA) process to allow for the hazards associated with a task to be evaluated and addressed, step by step, before the work starts. Having it in writing allows others to make comments for improvement and can also serve as a "task review" when discussed with the crew just prior to work starting each day.

Working safely, literally, does not occur by accident. Properly planning activities and being prepared for the work is what it takes to minimize the risk of things going wrong and employees getting injured. The clichÇ "plan the work and work the plan" goes a long way to ensure a safe job.

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ROBIN KRAMER & GREEN

Year-end tax planning for business owners

There are no time machines, so you can't come back today from the future. That's one reason planning ahead is important - and why now is the time to think about what you can do before the end of the year to trim your business tax bill.

Here are three suggestions:

1. Take advantage of energy incentives. Making energy-efficient improvements to commercial business property by December 31 can garner a federal tax deduction. The maximum deduction is $1.80 per square foot.  A partial deduction is available for improvements such as interior lighting and hot water systems that meet certain energy-savings targets.

2. Benefit from depreciation write-offs. Instead of waiting until January to upgrade computers or software, consider buying them now. For 2007, you can expense up to $125,000 of qualifying business assets. Though subject to limitations, the deduction is available whether you finance assets or buy them outright.

3. Plan for retirement. Establish and fund a qualified retirement plan before December 31 and you might be eligible for federal tax credits in addition to a deduction from your business income. The credit for small employer pension plan startup costs reduces your tax liability by as much as $500 in each of the plan's first three years. You may also qualify for the qualified retirement savings contributions credit on your personal return, which can save up to $1,000.

Other tax-saving strategies include hiring family members and paying year-end bonuses. We'll be happy to help you maximize business tax benefits. Give us a call.

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: The Finish First applications arrived in the IFCA office on November 16 - this year's awards program attracted over 28 applicants. The judges will meet in January to review all applications and to select this year's semi-finalists. The 2008 panel of judges consist of Steve Freeman, Chairman; Jim McGuckin, Chuck Murtha and Charles Brock - Charles is our newest judge and we're thrilled to have him on board. Sponsorship letters were mailed out to the 2007 Sponsors. IFCA remains hopeful that our industry friends will renew their commitment from last year ... the Finish First Awards is an outstanding way for IFCA to showcase union construction! Don't forget ... SAVE THE DATE ... June 6, 2008 @ the Park Hyatt Philadelphia at the Bellevue!!!

Annual Industry Golf Outing: The winners from our outing were:
Low Team: Mike Powell, Joe Nones, Stephen Molloy
2nd Team: Dave Ruggieri, Steve Ruggieri, Paul Lewis, Ray Horan
3rd Team: Alan Bigelow, Scott Bigelow, Frank Zepka, Jim Wollner
4th Team: Peter Bradley, Ron Martin, Tom Kueny, Steve Carderelli
5th Team: Tom Clerkin, Geoff Furtaw, Glenn Reilly, Kim Clerkin
6th Team: Jim Landis, Joe Hazlett, Roger Taylor, Doug Tocco
7th Team: Gary Blaszczyk, Frank Capecci, Roy Link, Steve Halsh

Prizes were distributed for Closest to the Pin (John Maloney 10' 2 1/2"; Jack Melichorre 2' 8 1/2 "; Keith Bush 11' 10" and Alan Bigelow 10' 5"); Long Drives in Fairway (Frank Zepka and Stephen Molloy); and Closest to the Line (Dan Vecchio).  For the first time we hosted a Putting Contest . the WINNERS were: 1-Steve Ruggieri; 2-Frank Capecci; 3-Mike Damm; 4-Frank Maimone; 5-John Krause and 6-Kevin Showver. Take a look @ our insert to see the list of this year's Industry/Refreshment Sponsors. Thanks to all attendees for making our event a success-see you next year on September 8 @ Cedarbrook Country Club. Check out the foursome photographs on our web site (www.ifcassociation.com).

Bond Reimbursement: IFCA provides bond reimbursement to our members. The carpenters require a $75,000 bond; the tapers' bond is tiered based on manpower (1-15 is $30, 000; 16-35 is $40,000; over 35 is $50,000). The maximum member reimbursement is $1,000 per bond. Questions should be directed to me.

"Few men have virtue to withstand the highest bidder." G. Washington

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LEGAL NOTES FROM STEVENS AND LEE

OSHA PUBLISHES FINAL RULE REQUIRING EMPLOYER TO PAY PERSONAL PROTECTIVE EQUIPMENT

On November 15, 2007, the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA) published a final rule that requires employers to pay for most employee personal protective equipment ("PPE"). The rule becomes effective on February 13, 2008. The rule provides an enforcement deadline of six months from the date of publication to allow employers time to bring their PPE payment policies into compliance. Employers must therefore implement the PPE payment requirements no later than May 15, 2008.

According to OSHA, the rule is intended to clarify who is responsible for paying for PPE and is anticipated to have substantial safety benefits that will significantly reduce the number of occupational injuries that occur each year. The rule does not create any new requirements for providing PPE. Instead, it provides that, subject to certain limited exceptions, employers must pay for PPE required under existing standards. The rule applies to OSHA standards in general industry and the shipyard, marine terminal, long shoring and construction industries.

Rationale for Rule: In the preamble to the proposed rule, OSHA articulated three reasons underlying its belief that requiring employers to pay for PPE would improve safety and health protection for employees who must wear PPE:

• Employers are more knowledgeable about hazards existing in the workplace, and are therefore in the best position to identify and select the correct equipment and maintain it properly.
  
• Requiring employer payment for PPE will reduce the risk of employees not using or misusing PPE by ensuring that employers maintain central control over the selection, issuance, and use of PPE.
  
• Employees will be more likely to cooperate in achieving full compliance with existing standards if protective equipment is provided at no charge.

Exceptions to the Rule: The rule provides that the employer is not required to pay for the following types of PPE:

• "Everyday clothing," such as long-sleeve shirts, long pants, street shoes, and normal work boots.
  
• "Ordinary clothing," skin creams, or other items used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
  
• Logging boots required by 29 CFR 1910.266(d)(1)(v).

The rule also includes the following conditional exceptions:

• The employer is not required to pay for ordinary safety-toe protective footwear, including steel-toe shoes or steel-toe boots, and ordinary prescription safety eyewear, provided that the employer permits such items to be worn off the job site.
  
• If the employer provides metatarsal guards but allows the employee, upon request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.
  
• The employer is not required to pay for replacement PPE if the need for replacement is caused by the employee's loss or intentional damaging of the original PPE.
  
• If the Employee provides adequate PPE that he or she owns, the employer may allow the employee to use it and is not required to reimbursement the employee for that equipment.

Conclusion and Recommendations: While there is still enough time left to review and revise your PPE payment policies to comply with the mandates of the final rule, now is the time to take action. If you have any questions about your company's implementation of the PPE rule, please contact the IFCA office.

Submitted by: Michael Tierce, Esquire (215) 751-2865 and Ken Kleinman, Esquire (215) 751-1946; Stevens & Lee

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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 the General Assembly finishes it's work for the calendar year, it is clear that other distractions will keep any significant legislation from becoming enacted. Indeed, the final approval of some key legislative measures, most of which do not affect our day-to-day business, for example one including a ban of smoking in public places, could be put off until after the New Year due to legal and political troubles within the House Democratic Caucus.

If you are not aware, the resignations of seven top staffers in the Caucus last month shocked members on both sides of the aisle and in both chambers. The departures were connected to Attorney General's investigation of whether state time and money had been used for political purposes. Moreover, only three voting session days are currently scheduled before lawmakers break for the holidays, putting even more strain on final approval of any legislation. Proposals almost sure to be put off until after the New Year would reduce, or under some proposals even eliminate, residential property taxes. The bills would reduce property taxes by shifting revenue from an increase in the state's sales tax to 6.5 percent and possibly an increase in the personal income tax. Floor debate on the bills is now unclear when debate might begin.

Another legislative initiative that could be delayed provides easier public access to state and local government documents. The House amended its version of the Open Records Law (HB 443) weeks ago, but the bill still awaits final approval on the floor. The Senate approved its version of the Open Records Law changes, SB 1, only in this past week. We should be mindful of this legislation since the proper use of records review could lead us all to rethink our bidding procedures now that we may be better able to understand how certain agencies make their decisions.

On the Executive front, Governor Rendell has recruited a number of business leaders and raised the prospect of even energy costs to push for the enactment of his statewide `energy independence strategy.' Meanwhile, the Senate Special Session Committee on Energy Policies held a hearing on a key portion of a Senate Republican energy plan, Special Session Senate Bill 1, that has similar goals as the Governor's plan but calls for less spending to achieve them. The Governor's plan centers around an $850 million Energy Independence Fund that would be funded by a `systems benefit charge,' a surcharge on all electricity users. Most importantly to us, among other things the Governor would provide approximately $500 million for clean energy projects and development or equipment costs for specific energy economic development. Indeed the use of "Green Building Technologies" will be a centerpiece of this plan.

On matters closer to home, although counsel has worked on the Mechanic's Lien issue, it is clear that nothing will happen with respect to this legislation until at least next year. As our discussions continue, the original mechanic's lien legislation remains in the House Judiciary Committee and there it will stay for the foreseeable future.

CALENDAR

IFCA’S ANNUAL INDUSTRY GOLF OUTING
September 10, 2007

Thank-you to the Hole Sponsors:
Armstrong Ceilings
Certainteed Ceilings
Clark Western
Keith Bush Associates, Inc.
Grabber Const. Products
Kamco Building Supply
Kass of Pennsylvania
George F. Kempf Supply Co. Inc.
Steven F. Kempf Building Material Co.
Marino/Ware
Marjam Supply Co.
Modern Fasteners
National Gypsum
S & S Resources Co.
Specialty Products & Insulation
Stevens & Lee
USA Wood Door
USG Building Systems

Thanks to the Refreshment Sponsors—Certainteed Ceilings, Kass Industrial
Supply, Steven Kempf Company, Modern Fasteners, Inc. and USA
Wood Door.

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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