PRESIDENTIAL ADDRESS

I would like to start by saying thank you to the Winter Conference Committee for choosing Mayakoba, Mexico, and thanks to all the work Kim Clerkin did to plan this year's Winter Conference. The comradery we members share was certainly enhanced by the beautiful natural surroundings and warm sunny days. During the conference, there were many discussions relating to business, legal matters, the economy, productivity, new G.C. contracts, safety and carpenter stewards. Out of these issues, the carpenter steward is one I'd like to talk about.

IFCA's contract with the carpenters' states: "the first union man on a job or in a shop shall act as steward." (Rule #7-page 49). It seems, however, that certain officials in the union don't feel our union carpenter's are qualified for the steward position and want us to hire their professional stewards. These stewards are very well versed in all the rules and regulations of our contract, but are very non-productive. They will cost a contractor 2-4 hours a day, by checking cards, making phone calls and seeing who is working at the job next door. Their concentration is not on performing our work in a productive manner. Their worry is where is the water jug, is the employer going to pay time and a half to the man who worked 10 minutes into his lunch break and who cuts the high hat into the ceiling tile, etc.

The carpenters we employ are quite capable of spending a few minutes to record hours and see that our men's needs are met on the job. As far as jurisdiction, do you think our carpenters are going to let a plumber standup studs or drywall?

The few union officials who have no confidence in their members should honor our contract as we are expected to abide by theirs.
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 newspaper-The Public Record presented Edward C. Coryell with the "2008 Public Servant of the Year Award!" This award is typically presented to someone with a long history of involvement in public affairs. Ed's efforts in the union construction industry are tireless — join him in working towards the union of tomorrow. Congratulations Ed!!!

Apprenticeship Testing information was distributed to the IFCA membership back in February. As a reminder, applicants must apply in person March 24-29 from 8 a.m. to noon. The test will be given when you apply - the address for the Training Facility is 10401 Decatur Rd., Phila., PA 19154. Good luck to all applicants!

The annual Contest and Open House will be held on Friday, May 2, 2008.This is the perfect opportunity for you, the contractor, to stop by and tour the JAC facility and to watch the apprentices compete against each other.

SAVE THE DATE -- Graduation is scheduled for May 22 -- look for the details outlining the new format.

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

Harry Williams, Business Manager/Secretary Treasurer

Overview of Responsible Contractors Policies (RCPs): RCPs are used by public jurisdictions to ensure that contractors and craft workers hired on public works projects have the necessary qualifications and capabilities to successfully perform the project. These policies serve the interests of public bodies by promoting successful project delivery and also help to establish a level playing field for reputable, quality contractors. RCPs require that contractors and subcontractors seeking public projects submit sworn certifications showing: a) they participate in registered apprenticeship training programs for craft workers; b) they have not been found in violation of wage, safety or other laws, and c) they maintain other key qualifications and resources to perform the project. RCPs encourage high quality contractors to participate in public bidding systems and require underperforming contractors to correct or improve their business practies as a condition of participating on public contracts. Questions about this topic should be directed to the IFCA office.

SAVE THE DATE -- Graduation is scheduled for May 30 - join us in supporting this year's graduates.

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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:

• April: Our Guest Speaker is Rick Courtney of Courtney Investment Consulting Group. He will talk to us about employer contributions and how they impact you, the employer.
• May: Guest Speaker-TBD.
• June: 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 SPRING 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 and you must send in your Tuition Reimbursement Application to the IFCA office. 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.

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.

WORKSHOP: "How to Protect your Wealth:" It doesn't matter how little or how much you have in terms of assets!!! Everyone should be aware of "How to Protect your Wealth." This is a complex matter and there is a lot to think about, including, but not limited to, insurances, estate planning, and succession planning. IFCA is in the process of creating a workshop to deal with these concerns. Details will be e-mailed to members. If you are an industry contributor and wish to learn more about this workshop, please contact the association office.

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SAFETY SEGMENT

“ARE YOU PREPARED?”

THIS ARTICLE PROVIDED BY JOHN CONNOLLY, MEMBER, MACSC AND DIRECTOR, SHEET METAL CONTRACTORS ASSOCIATION

AS PART OF YOUR COMPANY'S SAFETY PROGRAM, YOU SHOULD INCLUDE VARIOUS "EMERGENCY" PLANS. THE PLANNING PROCESS WOULD INCLUDE AN "EMERGENCY ACTION PLAN" IN CASE OF A DISASTER SUCH AS HURRICANE, FLOOD, TORNADO, ETC. WITHIN THIS PLAN WOULD BE A "FIRE PREVENTION" PLAN AND AN "ESCAPE/ EVACUATION" PLAN. A "BUSINESS RECOVERY/ RESUMPTION" PLAN IS ALSO A KEY ELEMENT IN ENABLING YOUR BUSINESS TO SURVIVE IF THE WORST HAPPENS. AS PART OF THIS PLAN SHOULD BE AN IT RECOVERY PLAN.
                     
WITH TECHNOLOGY COME RISKS. BUSINESS IS MORE RELIANT ON COMPUTERS AND INFORMATION TECHNOLOGY AND WITH THE NEED TO SHARE INFORMATION INTERNALLY AND WITH YOUR CUSTOMERS/ CLIENTS, THE POTENTIAL FOR PROBLEMS INCREASES DRAMATICALLY. A VARIETY OF CONDITIONS CAN AFFECT YOUR SYSTEM AND/ OR WEBSITE, INCLUDING: STORMS KNOCKING OUT POWER; POWER SURGES CRASHING THE SYSTEM; VIRUSES; INFRASTRUCTURE FAILURES (ELECTRIC, PHONE, BROADBAND); AND EVEN ROUTINE MAINTENANCE. COMPUTERS ARE INTEGRAL TO YOUR BUSINESS, INCLUDING E-MAIL, FAX FUNCTIONS, BIDDING, PLANS, CAD AND MUCH MORE. WHAT WOULD HAPPEN IF YOUR COMPUTERS WERE NOT AVAILABLE FOR HOURS OR DAYS?

THE IT DISASTER PLAN ADDRESSES THE DAILY MAINTENANCE OF YOUR SYSTEM. DATA AND SYSTEM BACKUPS, INCLUDING FREQUENCY, AND THE SAFE, SECURE STORAGE OF THE BACKUPS ARE THE FIRST CONSIDERATIONS OF THE PLAN. THERE SHOULD BE A BACKUP PLAN FOR DISRUPTION TO ACCESS OF THE INTERNET, YOUR WEBSITE, YOUR NETWORK, AND TO OTHER BUSINESS SYSTEMS. CONSIDER METHODS OF SECURITY FOR YOUR SYSTEM(S) AND ALTERNATE APPROACHES THAT MIGHT PROVIDE A HIGHER LEVEL OF SECURITY. FOLLOW THE
RECOMMENDATIONS FOR RUNNING SECURITY SOFTWARE AND FOR OBTAINING UPDATES.

PLANS NEED TO BE PUT IN PLACE FOR TEMPORARY REPLACEMENT COMPUTERS TO RUN (WITH YOUR BACKED-UP DATA) UNTIL THE EMERGENCY IS OVER. THIS COULD BE A `HOME' COMPUTER, FOR A SMALLER OPERATION, TO RENTAL UNITS ABLE TO KEEP A LARGER OPERATION IN BUSINESS. THESE REPLACEMENTS NEED TO HAVE THE SAME `VERSION', OR BE ABLE TO UPDATE TO THE CORRECT VERSION EASILY, OF THE SOFTWARE PROGRAMS NEEDED TO DO BUSINESS.

A DISASTER PLAN IS NEEDED WHETHER YOU HAVE ONE COMPUTER OR A SOPHISTICATED NETWORK AND WEBSITE WITH ALL THE `BELLS AND WHISTLES'. IF A DISASTER STRIKES, CAN YOU ACCESS YOUR DATA, RECEIVABLES, SAFETY INFORMATION AND MORE UNTIL THE UTILITY COMPANY RESPONDS OR THE EQUIPMENT IS REPLACED? YOUR CUSTOMERS WILL EXPECT YOU TO CONDUCT BUSINESS AS USUAL, WILL YOU BE READY?

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ROBIN KRAMER & GREEN

Long-term Disability Insurance: How important is it?

You've probably purchased life insurance or at least considered buying it, especially if you have dependents. But statistically speaking, you're less likely to die during your working years than to suffer some sort of long-term disability. In fact, some studies show that one in five people will be disabled for at least 90 days or longer before they reach age 65.

For most people the ability to earn a living is their greatest asset, and losing that ability can have a devastating impact. In fact, one survey of bankruptcy filers found that one in four attributed their dire circumstances to a disability.

So it makes sense to consider long-term disability insurance. Here are three questions to ask when shopping for this type of policy:

• What coverage do I already have? Many companies provide their employees with some type of sick leave benefits, short-term disability coverage, or both. Get a handle on your current coverage so you don't end up paying for more insurance than you need. Also, if you've accumulated several weeks or months of sick leave, a policy with a longer waiting period - and generally cheaper premiums - may make sense.
• How strong is the insurer? Only a handful of major insurers provide individual long-term disability policies. To research the financial strength and reputation of any potential insurer, review the firm's rating information at Moody's or another rating agency. You can also find out whether an individual agent or company is properly licensed by contacting your state insurance department.
• Is the policy "non-cancelable" or "guaranteed renewable"? These terms indicate whether the policy's terms are subject to change. If a policy is "non-cancelable," the company can't cancel your policy (except for failure to pay the premiums), and you can renew the policy without an increase in the premiums or a reduction of benefits. On the other hand, a "guaranteed renewable" policy allows the insurer to increase the premiums under certain conditions.

Many other components - waiting periods, inflation provisions, benefit amounts, definitions of "disability," age, health and occupation - factor into the cost and benefits of a particular policy.So understanding the ins and outs of long-term disability insurance isn't always a cake walk. But with a little time and effort you can sort through the jargon and find a policy that makes sense for you.

If you need help, give Robin, Kramer & Green a call!!!

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 judges and I went on our annual trek in February to view all of the semi-finalist entries for this year's Finish First Awards. We traversed all over Philadelphia and the surrounding counties, including as far north as Trenton. The judges are always impressed with the workmanship of our union craft persons and this year was no exception. The sites were spectacular. We broke in Mr. Brock or should I say Charlie and I believe he will become a permanent member of the judging team. The other judges included Steve Freeman, Chairman; Jim McGuckin and Chuck Murtha - IFCA appreciates the judges' commitment to this program! It took them all day to select the winners. YES, we have winners. they stood up to the challenge, they built what couldn't be built and they talked the talk! Join us on June 6, 2008, where we can watch them walk the walk to collect their chunk of crystal. Look for your invitation early April 2008!!!

"The American, by nature, is optimistic. He is experimental, an inventor and a builder who builds best when called upon to build greatly." J.F. Kennedy

Winter Conference: Our conference was a success and everyone walked away with some wonderful memories!!! It only took a day or two to get "acclimated" and in no time our Type-A personalities were kicking back and relaxing - sorta?!?!? Early on, our President, Ray, discovered a turtle pond where he stopped by each morning to count the turtles -- he got up to 15 and was appropriately nicknamed "Rain Man." It took Harry all of 5 minutes to string up a couple fish - he never saw the sign - "No Fishing." We had the chance to play three wonderful golf courses (El Cameleon, Playacar, and Iberostar) where a bunch of the players participated in "matches!" The longest-standing match took place between Tony & Marty against Tom & Dane. Tony & Marty won by 1 stroke; Gary & Chris went up against Peter & Jim-they finished "all square;" - the last match took place @ the end of the week between Marty & Tony against John & Mike which ended in a tie - I'm sure there will be re-matches next year!!! The ladies had plenty of time to soak up the sun and everyone took turns trying on Sybil's wigs -- it was rumored that Courtney Cox was a BIG HIT. The services at the spa were enjoyed by all!!! At the Beach Party, Bob was thrown out of the Ladies' Auxiliary because he wore shoes during the volleyball game and stepped on the attorney's wife's foot (ouch - that'll raise our legal fees)!!! I must say, though, that the most harrowing story of all occurred on the 5th hole @ El Cameleon where I attempted to hit my ball which was next to the water. luckily I spotted the crocodile before placing my foot on his head .. Scott, Steve & Mark thought I was screaming because I got a birdie — HELLO — happy to say that it was NOT necessary for me to file a worker's compensation claim!!! On a serious note, and in conclusion, our Legal Workshop topics included (1) The Employee Free Choice Act; (2) Discrimination and Harassment Issues; (3) The New Jersey "WARN" Act; (4) Estate Planning Issues for Subcontractors; (5) an Update on Jurisdictional Disputes; (6) Proposed Changes to the Family & Medial Leave Act; and (7) a New NLRB Case Regarding "Salting"/Union Organizing. If anyone has any follow-up questions to Mike Tierce's presentation in Mayakoba, please contact the association office.

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LEGAL NOTES FROM STEVENS AND LEE

On January 28, 2008, President Bush signed the revised National Defense Authorization Act for 2008 which amended the Family Medical Leave Act by extending family leave rights to relatives of individuals serving in the military in two different circumstances: (1) "Exigent" Leave; and (2) Leave to care for injured service member. The amendments became effective immediately.

Twelve Weeks of Exigent Leave

If an eligible employee's spouse, child or parent is on active military duty, the employee may be able to take up to 12 weeks of FMLA leave if a "qualifying exigency" happens in connection with the relative's military service. The law does not define "qualifying exigency" but directs the Secretary of Labor to issue a regulation defining the term. Exigent leave will count as part of the 12 weeks of FMLA leave available to an eligible employee in a 12-month period and will not serve to increase the basic entitlement currently available to employees due to their own serious health condition or the serious health condition of a parent, child, or spouse.

Twenty-Six Weeks of leave to Care for Injured Service Member

If an eligible employee is the spouse, child, parent or next of kin of an injured military service member and the employee needs to care for the injured service member, the employee will be able to take up to 26 weeks of leave on a one-time basis in a single 12-month period to provide that care. "Next of kin" is a new category under FMLA and the law defines it to mean "the nearest blood relative" of an individual. Injured service member leave is separate from basic FMLA leave and will not count against it. Any exigent circumstances leave taken in a 12-month period in which injured service member leave is taken will be subtracted from the 26 weeks available for that leave.

Employees may take both the exigent circumstances leave and the injured service member leave on an intermittent basis, as well as in a block of time.

Employers should review existing FMLA policies and practices to ensure compliance with these recent amendments. Submitted by Stevens & Lee (Michael G. Tierce and Theresa M. Zechman)

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

THE WINDS OF CHANGE ARE BLOWING AT LOCAL 8

Usually this space is used by us to air our complaints. It's nice to be able to use it to give credit where credit is due. I recently had occasion to work in Local 8's territory. I sent the required job start information, and received a very pleasant and professional phone call from Bruce Jones. He told me things were changing in Local 8's area and that he would do everything possible to furnish me with qualified, productive labor, and if I had any problems with the manpower he sent me to send them back and he'd replace them. It was a very pleasant surprise, because I expected the usual bullying and coercion that we've all been use to over the years. Things have gone smoothly and we are enjoying a very good working relationship - Bruce has been a man of his word!

We, as Union Contractors, have a tough enough battle just winning work in an environment where the open shop is everywhere without having to worry about doing battle with the very Union we try so hard to sell. When it is possible to work together in harmony, great things can happen! I feel that Bruce Jones and Local 8 have made great strides in that direction.

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.

Please support those suppliers and manufacturers that support IFCA's industry programming!!! Armstrong Ceilings; Keith Bush Associates, Inc.; Certainteed Ceilings; Clark Western; Grabber Const. Products; Kamco Building Supply; Kass Industrial Supply; Geo. F. Kempf Supply; Steven Kempf Company; Lafarge; Marino/Ware; Marjam Supply Company; Modern Fasteners, Inc.; National Gypsum Company; S & S Resources, Inc.; Specialty Products & Insulation; USA Wood Door; and USG Building Systems. If you haven't supported our events in the past and wish to get involved, please do not hesitate to contact the IFCA office (610-225-1050).

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 we settle in to watch the Presidential Primary unfold before our eyes in our very own communities, I must tell you that, legislatively, very little is actually happening in the state capitol. The Governor continues to publicly pursue his proposals concerning health care, a state-wide smoking ban, energy and a sale and/or lease of the Pennsylvania Turnpike, but the individual House and Senate members are in the midst of the 2008-2009 General Fund Budget hearings and are starting to think of their own elections in November. Clearly with these matters before them the members are of the mind that very little legislation or action that might even be construed as even remotely controversial shall cross their desks. Accordingly, while we see some talk and debate on the Governor's proposals arising briefly enough to make the local papers or local news reports, none because of the controversy that surrounds them has been seriously considered enough to have crossed the finish line in both chambers and gotten to the Governor's desk. That being said, there has been no further movement in the General Assembly on the issue of Mechanic's Liens and it is clear that this issue, unless some agreement can be reached, will probably not be taken up during this session.

What is getting done in Harrisburg is that agreements are being reached on some major construction projects in Southeastern Pennsylvania. Within the last thirty days it has been announced that Major League Soccer has awarded a franchise to the City of Chester. With that announcement comes word that the franchise will be building a20,000 person capacity stadium at the cost of approximately 115 million. It has also been reported that an agreement is close on the construction of a new 220 million Food Distribution Center within Philadelphia. If the Food Distribution Center moves from its current location, look for its current neighbor SYSCO to seek to expand on the land being vacated. Also, there is talk of a deal being near to bring 650 million in development funding to the Port of Philadelphia. Such funding would be used for multiple warehouse, office and infrastructure projects. Legislative work is also underway, in earnest, to extend and expand the Keystone Opportunity Zones and similar sub-zones throughout the Commonwealth. Many individual private business financed construction and retrofit projects have been completedin these tax-free zones. Proposals to grant 50 million additional dollars to the Commonwealth Financing Agency's successful "building in our sites" is also gaining momentum. Building projects such as these are very popular in election years and do stand a good chance of passage.

Two matters matter from Harrisburg that were noteworthywas that the State's Acting Labor Secretary Sandi Vito told the Senate Appropriations Committee that a studyconducted by the Department will show no correlation between the January 1, 2007, increase in the state's minimum wage and job gains or losses. Vito told committee members that for the estimated 207,000 Pennsylvania businesses with 10 or fewer employees, the increase in the minimum wage was not "statistically relevant."For most workers, the minimum wage was raised to $5.65 an hour on January 1, 2007, to $6.65 an hour on July 1, 2007. By July 1, 2008, all minimum wage workers will earn $7.15 an hour.

The second was that Pennsylvania has a new "open records" law.  The new law which goes into effect in January, 2009, establishes that all state and local government records will be public unless specifically exempted. Also, the law also shifts the burden onto a government agency to prove why a record should be shielded from public view. While written records of internal deliberations of an agency, its members, employees or officials, or deliberations between two or more agencies will be off-limits to the public, many other decision-making documents will now be subject to review. While it has yet to be seen, this law should allow a diligent bidder greatamounts oftechnical and similar information beyond what is found in a normal bid package if they are willing to do a little digging.Access to such information might not help with an unsuccessful bid, but should be incredibly helpful in making sure one does not lose the next state, local or municipal project bid.

With election news owning the airways currently, we should mention the lower profile State House and Senate races. These races on both the primary and general election levels will still be more contested than is typical for state House and Senate seats. Political analysts point to a relatively high number of open seats, with five incumbent senators and 19 incumbent House members not returning. In 2006,a banner and unusual year, 31 incumbents retired and 61 had primary opponents. Thiscycle, 32 legislators have opposition in the primary. Some of the notables from our area with oppositionin the Senate: Democrat Vince Fumo (Philadelphia) is the only Senate member to have opposition in both the primary and the general elections.On the House side: Democrats Tony Payton (Philadelphia), Babette Josephs (Philadelphia), Robert Donatucci (Delaware) and Thomas Blackwell (Philadelphia) face opponents in both the primary and the general elections.No Republican from the Southeast face both primary and general election contests. All in all ninety-six (96) incumbentState House members, both Democrats and Republicans, out of 184 seeking re-election face no opponents in either the primary or general elections. The primary election this year is April 22, and the general election is November 4.

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