PRESIDENTIAL ADDRESS

I am probably one of the least qualified to speak about the current economic dilemma; however, I am a business person and have been one for many years. It is quite obvious to me and to everyone that ALL businesses are suffering as a result of the current credit crisis.

With developers and business owners lacking financial resources, or with the uncertainty of spending, 2009 is not going to produce a volume of work sufficient to carry our construction industry!!!

So, what do we do? We need to control our spending and manage our jobs as efficiently as possible. Taking jobs at cost isn’t the answer either because you don’t cover your overhead. Counting your chickens before they hatch is also a problem as many jobs are being delayed or even canceled due to high costs or lack of financial backing.

We have a highly productive UNION labor workforce and it is more important than ever to work with our UNION partners to ensure that we are turning our jobs over as quickly as possible.

ENOUGH SAID, at least the price of gas has come down!!!

Let’s enjoy the Holidays and the Spirit of Christmas with our families and close friends.

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

Everyone should be aware of something new...TWIC Compliance for Delaware Bay & Sunoco Northeast Refining.  The TWIC Compliance will be implemented by December 30, 2008. Check with your General Contractor or with your Union partner to find out if your employees need a TWIC card to gain access to a work site! IFCA has been told that jobs along the water will be impacted.

The association was pleased to participate in the JAC’s annual Toys for Tot drive. In tough economic times, charity is needed more than ever!!!!

IFCA’s Collective Bargaining Agreement expires April 30, 2009. Our contractor members will be meeting shortly to talk about the upcoming negotiations.

PLEASE CONTINUE TO send in your JOB STARTS. QUESTIONS about our Pin Pointing Program can be directed to Rob Naughton (215-569-1634) or to Kim Clerkin @ the IFCA office.

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

Harry Williams, Business Manager/Secretary Treasurer

The association received a communication from Mike Schurr, the Director of Training, on: 1. the Accreditation; 2. ACE Classes; 3. Safety Department; 4. Staff Education; 5. VIP; 6. Website; and 7. Facilities. If you didn’t receive a copy by mail, please do not hesitate to contact Kim Clerkin @ (610-225-1050).

We congratulate Chuck Murtha on his new appointment as Business Organizer...he will be covering the Lehigh Valley territory. Further, we wish to congratulate Dave Santangelo on his promotion...Dave is now the Coordinator/Instructor for our Taping Program. Good luck to both!!!

IFCA’s Collective Bargaining Agreement expires April 30, 2009. Our contractor members will be meeting shortly to talk about the upcoming negotiations.

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LABORERS' DISTRICT COUNCIL ("LDC")

Ryan Boyer, Business Manager

Please take note that our Collective Bargaining Agreement with the union expires on April 30, 2009. Our contractor members will be meeting shortly to talk about the upcoming negotiations..

We also want to remind all contractors that e-remittance is now the only way you can submit your benefit payments. If you have any questions about how the new system works, please contact the Benefit Department.

IFCA is available to assist any contractor member with respect to labor relations—contact Kim Clerkin, the Executive Director (610-225-1050).
I am probably one of the least qualified to speak about the current economic dilemma; however, I am a business person and have been one for many years. It is quite obvious to me and to everyone that ALL businesses are suffering as a result of the current credit crisis.

With developers and business owners lacking financial resources, or with the uncertainty of spending, 2009 is not going to produce a volume of work sufficient to carry our construction industry!!!

So, what do we do? We need to control our spending and manage our jobs as efficiently as possible. Taking jobs at cost isn’t the answer either because you don’t cover your overhead. Counting your chickens before they hatch is also a problem as many jobs are being delayed or even canceled due to high costs or lack of financial backing.

We have a highly productive UNION labor workforce and it is more important than ever to work with our UNION partners to ensure that we are turning our jobs over as quickly as possible.

ENOUGH SAID, at least the price of gas has come down!!!

Let’s enjoy the Holidays and the Spirit of Christmas with our families and close friends.

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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JUST THE FACTS

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

• January 9, 2009: There will be a meeting of the Board of Directors and General Membership. Representatives from District Council 21 will join our General Membership meeting to talk about what’s new at the Training Center.
• February 2, 2009: There will be a meeting of the Board of Directors and General Membership. The Wharton Business Group will provide us with an Economic Outlook.
• March 2009: There will NOT be a meeting of the BOD/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.
• COLLEGE COURSES: 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 or industry contributor and you must send in your Tuition Reimbursement Application to the IFCA office in accordance with our Guidelines. For information about Drexel, contact the Carpenters JAC @ 215-824-2300. For information regarding the community colleges, contact the Consortium @ 215-218-3886. Any accredited university qualifies too as long as you register for construction-related courses and adhere to IFCA’s guidelines.
• COMPUTER CLASSES: 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.
• TRAINING: Please keep IFCA in mind for your training needs. Anything related to construction that isn’t offered by the union can be investigated by IFCA...just give us a call.

BOND REIMBURSEMENT: Bond reimbursement is available to our members and industry contributors. 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). Contact IFCA to discuss reimbursement.

AWCI: AWCI’s annual Convention and Intex Expo is scheduled for March 24-29, 2009, in Nashville, Tennessee. To view the Schedule go to: www.awci.org.

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HEALTH & SAFETY SEGMENT

RIGGING safety

One of the most necessary, yet dangerous activities on a construction site is rigging and hoisting. Many projects cannot be installed without some form of rigging and hoisting even though improper rigging causes many accidents and injuries.

There are four main causes for rigging accidents. These include damaged equipment. This would be slings with broken strands, improper clamping, and hooks without safety latches or that are damaged. 
                
Good equipment may be misused through improper sizes of slings and slings that are made of the wrong material for the materials being handled. The lift angle is too small when using a choker sling. And, wrapping the sling around sharp edges. Insecure slings and loads not balanced are the third hazards. Finally, there is the danger of uncontrolled movement. Lack of tag lines, lateral movement of the load during lift, and weather factors can all cause unanticipated movement.

To control rigging hazards, there are some safety checks to take. Do not use damaged equipment, inspect before use. Install clamps and u-bolts properly. Inspect hooks before a lift, especially safety latches. Use right size sling and sling angle on the load. Secure the hoisting area from other trades and from “sightseers”. Never hoist loose material. Small pieces such as nuts and bolts can become deadly missiles in just a few feet. Have an emergency plan in the event of an accident, especially at night or a weekend lift when assistance may be minimal.

When done incorrectly, rigging have catastrophic consequences. Knowing your equipment, using the proper equipment and knowing the safety hazards when rigging and hoisting can reduce your exposure to accidents and injuries.

Submitted by John H. Young, EHS Director, Skanska, USA Bldg., Inc.

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ROBIN KRAMER & GREEN

Should you withdraw funds from your 401(k)???

If you’re like many Americans with retirement savings in 401(k) accounts, this has been a painful year. The broad stock market has plummeted, Congress’s bailout plan hasn’t performed miracles, and many sectors of the economy continue to struggle. Is this a good time to take your retirement savings and run?

The short answer is probably not. Historically speaking, the broad stock market has provided returns that exceed inflation, and despite the ranting of some in the financial press, it’s unlikely to provide such returns again over the long term.

Raiding your 401(k) plan should always be considered a last resort. For one thing, if you’re not at least 59 1/2 years old, you’ll be hit with a 10% penalty for early withdrawals (except in certain limited cases). Also, money you withdraw will be taxed at your regular tax rate. Say, for example, you’re 35 years old and in the 25% tax bracket. If you pull $50,000 from your 401(k) account, your taxes will run a whopping $17,500. An that’s not all. Even if your 401(k) account earns a measly annual return of 5% over the next 30 years, your $50,000 could grow to over $215,000. So a $50,000 withdrawal taken and spent today could cost you $232,500 in taxes and lost opportunity. A heavy price to pay.

Bottom line: If possible, find other ways to pay your bills. Here are three suggestions:

Cut back on expenses. Yes, it may be painful to forego that double latte and deli sandwich at lunchtime. But if you’re struggling to pay the mortgage, it may make sense to redouble your efforts at reducing expenses.

Take a second job. Perhaps only one spouse is bringing home a paycheck. In the short term, a second income may provide enough cash to forestall foreclosure or keep the creditors at bay.

Contribute Less. It’s always wise to contribute up to any matching funds your company provides for retirement. For a time, however, you might consider reducing contributions that exceed the matching amount.

Although some companies allow 401(k) loans, that option should be considered as a last resort as well. Again, money that’s not in the account won’t grow. Also, lose your job and you’ll have to repay the outstanding loan balance or face withdrawal penalties.

Now is the time to take a deep breath, retreat a little from the hubbub, and calmly take inventory. If you’d like assistance with financial issues, give Robin, Kramer & Green a call. Don’t forget...IFCA members will receive a discount.

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

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

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KIM Says...

Member Benefits: Everyone is faced with difficult decisions due to the current economic situation. At IFCA I will continue to work with our members and union partners to provide our current level of benefits and hope to keep all of our 2009 programming in place; however, like everyone else, IFCA will closely monitor all spending especially since our budget it tied into industry hours.

The Finish First Awards: I am pleased to say that we broke all records for the 2009 Finish First Awards by receiving 36 applications — our largest participation yet! The entries are FABULOUS and I can’t wait to announce the winners to you on April 24! The judges are scheduled to meet in December to review each application, and shortly thereafter, will visit each semi-finalist site. IFCA remains committed to this event and looks forward to spending the evening with all of YOU...our industry friends!!! Lafarge remains our Title Sponsor and IFCA is thankful for their commitment. To date I received Sponsorship Commitments from the Philadelphia Carpenters, the IUPAT District Council 21, Armstrong, George F. Kempf Supply Co., Kamco Building Supply, The Kempf Company, Marjam Supply Company, National Gypsum, and Stevens & Lee — I am extremely grateful for this demonstration of support! A variety of sponsorships remain open, if you would like to participate this year, please give me a call. The Finish First Awards will be held on April 24th @ the Park Hyatt Philadelphia at the Bellevue. Look for your invitations late February.

Leeds Training: Recently IFCA offered a two-day LEED/Sustainability Training Program which covered a Sustainability Overview, Leed Introduction and Preparation as well as a Question and Answer session. If anyone in our industry is interested in IFCA hosting this program again or if you want us to investigate a GO GREEN workshop, please call me.

Winter Conference: The annual Winter Conference is scheduled to take place February 5-11 at The Sanctuary, Cap Cana, Dominican Republic.  The Winter Conference package will be mailed to all attendees in January. Mike Tierce, our legal counsel, is looking to “us” to receive a list of topics for this year’s workshop. Please contact IFCA with your suggestions.

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LEGAL NOTES FROM STEVENS AND LEE

Pennsylvania Clean Indoor Air Act —

On June 13, 2008, Governor Ed Rendell signed the Clean Indoor Air Act (the “Act”) which went into effect on September 11, 2008. The Act prohibits smoking in most public places in Pennsylvania.

What is a Public Place?

Under the Act, a public place is defined as “[a]n enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted.” Also, “workplace” is defined as “an indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity.” Thus, employers are required to enforce this ban as it relates to employees, visitors, customers and vendors. Outdoor worksites are currently not covered by the Act and employers may voluntarily designate their entire facility and outdoor worksites as smoke-free. Also, employers may not refuse to hire, terminate, or otherwise discriminate against any employee who exercises his/her “right to a smoke-free environment.”

Company Vehicles

The Act also defines a public place as a vehicle used for mass transportation and specifically includes buses, trains, planes, subways, chartered buses, taxicabs and limousines. As a result, employers who using such vehicles in the course of their business should not permit employees, clients or vendors to smoke in these vehicles. While the Act does not specifically identify any other vehicles, a company car could be interpreted to be included in the definition of workplace. As a result, employees who use vehicles in the course of regular business, such as vehicles used by truck drivers and salespersons, the Act may require employers to also prohibit smoking in these Company vehicles.

Posting Requirements

The Act requires employers to post appropriate signs — “Smoking,” “No Smoking,” or the universal “No Smoking” symbol—in an obvious places. If smoking is permitted in certain public facilities, the Act requires employers to post “Smoking Permitted” signs at every entrance where smoking is permitted in the facility. An employer who fails to properly post the appropriate signs will violate the Act. However, there is nothing in the Act which prevents employers from designating their entire premises as smoke-free.
Enforcement and Penalties
         

While the Pennsylvania Department of Health has been designated as the agency to enforce the Act, it has the authority to refer a complaint to another appropriate agency which may include appropriate law enforcement agencies, licensing agencies or county boards of health. Civil and/or criminal penalties may be issued to persons who smoke in public places where smoking is prohibited in violation of the Act, as well as for employers who permit such violations, as well as against employers for violations regarding the failure to post appropriate signs. Civil penalties and/or criminal penalties may range from $250 to $1,000. Employers should review smoking policies. For union facilities, smoking policies are mandatory subjects of bargaining under the National Labor Relations Act.

Questions about the Pennsylvania Clean Indoor Air Act
should be directed to the association office.    

Submitted by Stevens & Lee (Michael G. Tierce/Theresa M. Zechman).

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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

With the November elections over, things on the national scene will be in constant motion with the various appointments of the Obama Administration being named, changed and rearranged. That being said it has always been historically more important to our membership who runs the State House and the State Senate. Clearly, more legislation that affects our membership's business interests comes from either of these two chambers than that which comes out of Washington, D.C.  After the smoke had cleared from the election the make-up of the State Senate is 29 Republicans to 20 Democrats with 1 vacancy. In the State House, Democrats hold a 104-99 edge. Accordingly, if "change" was the watchword on the national election front, it is clear from the make-up of the leaderships of the State House that change has occurred and a new set of faces has entered the leadership ranks.

The House of Representatives

The House Democrat majority designated Keith McCall (D-Carbon) their nominee for Speaker of the House before electing the rest of their slate of caucus leaders. McCall currently serves as Majority Whip. The backroom discussions for the slots in the House Democrat Caucus was contentious in the days leading up to elections. Current House Majority Leader Bill DeWeese (D-Greene) announced prior to leadership elections that he would not seek re-election to his post, but would instead run for the position of Majority Whip. Also, prior to elections, Frank Dermody (D-Allegheny), Joe Markosek (D-Allegheny), and Dave Levdansky (D-Allegheny) all announced their intention to run for the post of Majority Leader. In the end, it came down to current Policy Committee Chair Todd Eachus (D-Luzerne) and Dermody, a battle that Eachus ultimately won. All attention then turned to DeWeese's bid for Majority Whip. DeWeese secured the position by winning a majority of votes and defeated Bill Keller (D-Philadelphia), Pete Daley (D-Washington), and Joe Preston (D-Allegheny). Appropriations Chairman Dwight Evans (D-Philadelphia) was re-elected to his post without opposition. Also re-elected to his post was Mark Cohen (D-Philadelphia), who has served as Caucus Chairman since 1995. New to Democrat leadership are: Caucus Secretary Jennifer Mann (D-Lehigh); Policy Committee Chairman Mike Sturla (D-Lancaster); and Caucus Administrator Ron Buxton (D-Dauphin). All of these members are long time friends and should prove helpful to our issues.

House Republican Leader Sam Smith (R-Jefferson) held back a challenge from former Leader and Speaker John Perzel (R-Philadelphia). Following the vote in Smith's favor, Perzel moved to make the vote unanimous in Smith's favor. Smith will be joined in leadership by: Whip Mike Turzai (R-Allegheny), who previously served as Policy Committee Chairman; Appropriations Chairman Mario Civera (R-Delaware), who won his second term by defeating John Maher (R-Allegheny); Policy Committee Chair Stan Saylor (R-York), who joins the leadership team after defeating four colleagues for the post; Caucus Chair Sandra Major (R-Susquehanna), who was first elected to her leadership position in 2007; Caucus Administrator Merle Phillips (R-Northumberland), who has held his leadership post since 1995; and Caucus Secretary Jerry Stern (R-Blair), who begins his second term in his leadership position.

The Senate

Senate Republicans elected Jake Corman (R-Centre) as Appropriations Committee Chairman. Corman takes over for retiring Senator Gib Armstrong (R-Lancaster). Corman defeated Pat Browne (R-Lehigh) in winning the post. The remaining Senate Republican leadership team remained the same: Senate President Pro Tempore Joe Scarnati (R-Jefferson); Majority Leader Dominic Pileggi (R-Delaware); Majority Whip Jane Clare Orie (R-Allegheny); Caucus Chair Mike Waugh (R-York); and Caucus Secretary Bob Robbins (R-Crawford). Scarnati will appoint the Caucus Chair and Caucus Administrator.

Bob Mellow (D-Lackawanna) and Mike O'Pake (D-Berks) will continue to head the Democrat Caucus. Mellow has served as caucus leader since 1988; O'Pake has served in leadership since 1989 and as Whip since 2000. The big question was who would take over as Appropriations Committee Chairman, a post that most famously by Vince Fumo (D-Philadelphia) from 1984 to 2007. Ultimately, Senate Democrats elected Jay Costa, Jr. (D-Allegheny) over LeAnna Washington (D-Philadelphia) to the position. Policy Committee Chair Rich Kasunic (D-Fayette) was also re-elected to his position in the Democrat leadership team. Vince Hughes (D-Philadelphia) moved up from Caucus Secretary to Caucus Chairman (which had been held by Costa), while Sean Logan (D-Allegheny) joined the leadership team as Caucus Secretary. Christine Tartaglione (D-Philadelphia) was appointed Caucus Administrator.

As I always stress Harrisburg is a game of personal relationship, should you know any of the members, please take the time to say hello and congratulate them. It will pay dividends for your business and the association. As far as the other issues of which we were concerned, all legislation has now died with the end of the legislative session on December 1 and will be required to be reintroduced in January. Accordingly, the proposed changes to the mechanic's liens act which we were monitoring are now history, as are all other pieces. We will monitor the matters introduced next session and advise you accordingly. Happy Holidays and Happy New Year, please root for the Polish American String Band on January, 1st; I'll be dressed as a space alien.

For information about membership, please contact the IFCA office
@ 610-225-1050

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