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News

Honoring America's Top Construction Projects

ABC recognized the nation's top 2009 construction projects during its Excellence in Construction and National Safety Excellence awards celebration at the Hilton San Diego Bayfront Hotel and Convention Center in San Diego, Calif.

The Excellence in Construction awards program is the industry's leading competition, developed to honor innovative and high-quality merit shop construction projects and safety programs. The award honors all construction team members, including the contractor, owner, architect and engineer. The winning projects, selected from entries submitted from across the nation, were judged on complexity, attractiveness, unique challenges overcome, completion time, workmanship, innovation, safety and cost.

A panel of industry experts served as the competition's judges. This year's panel included representatives from the Design-Build Institute of America, the U.S. Army Corps of Engineers, the Surety & Fidelity Association of America, The American Institute of Architects and representatives from higher education, among others.

2009 National Award of Excellence Winners from Pelican Chapter include:

• Eagle - Cajun Constructors, Inc. - Garyville Major Expansion Project - Civil Construction Svcs.
• Eagle - Excel Contractors, Inc. - IMTT VGO Six Oil Piping and Thermal Heat Boiler Replacement
• Eagle - ISC - ExxonMobil U.S. Non-Road Diesel Underground Project
• Eagle - Turner Industries Group, LLC - 120MM SCFD H2 Facility
• Eagle - Turner Industries Group, LLC - Recovery Boiler Rebuild
• Pyramid - Block Builders - Katrina Cottages at Hidden Cove
• Pyramid - Cajun Deep Foundations, LLC - Contract 1, Sector Gate To Boomtown Casino
• Pyramid - Excel Contractors, Inc. - Total Petrochemicals- Pipe Bridge & Captive Barge Project
• Pyramid - EXCEL Group - KTI-Saudi Aramco - Heater Revamp
• Pyramid - James Construction Group, LLC - Marathon Garyville Major Expansion Sitework and Civil
• Pyramid - MAPP Construction, LLC - Shell Geismar LP.- Facility Siting Program Administration Building
• Pyramid - Triad Electric & Controls, Inc. - Motiva Siting Facility Laboratory Project

Chapter Excellence Award Winners

• EXCEL Contractors for their Total Petrochemicals - Pipe Bridge & Captive Barge Project, IMTT-VGO Six Oil Piping and Thermal Heat Boiler Replacement Project and KTI Saudi Aramco Heater Revamp Project
• Turner Industries Group for their Recovery Boiler Rebuild Project and Air Products and Chemicals 120 MM SCFD H2 Facility Project
• Cajun Constructors for their Marathon Petroleum Company Garyville Major Expansion Project
• James Construction Group for their Marathon Garyville Major Expansion Sitework and Civil Project
• Triad Electric and Controls for their Albemarle CMU Catalyst Expansion Project, Shell Criterion PAPA Project and Motiva Siting Facility Laboratory Project
• ISC Constructors for their Exxon Mobil U.S. Non-Road Diesel Underground Project
• Barriere Construction for their Reconstruction of Tidewater Road - Louisiana State Highway 23 to Coast Guard Road
• Cajun Deep Foundations for their Contract 1, Sector Gate to Boomtown, East of Harvey Canal Floodwall
• MAPP Construction for their Shell Geismar LP - Facility Siting Program Administration Building and St. Elizabeth/Mary Bird Perkins Cancer Center
• APEX Constructors for their Perkins Renaissance Project; Block Builders for Katrina Cottages at Hidden Cove
• Shaw Constructors for Marine Fisheries Investigations and Management Laboratory in Grand Isle, LA.

Merit Award Winners

• Industrial Design & Construction for their Motiva HCU Pipe Rack Upgrade Project
• AKM, LLC Volks Constructors for their DAR Retrofit Project
• Turner Industries Group for their H-Oil Turnaround Project
• Cajun Deep Foundations for their Shintech Plaquemine Plant II Piling Project
• MAPP Construction for their Jefferson Financial Credit Union

Members Using Members

The members of ABC are a very diverse group. Some of our members are general contractors, and some are specialty contractors. We also have industrial and commercial contractors; however, contractors are only a part of the association. Other members include: material suppliers, service suppliers, equipment suppliers, law firms, accounting firms, marketing firms, insurance companies, banks and many other companies that support our strong belief in free enterprise and the construction industry.

The word association comes from the word "associate" which Webster's defines as "one joined with another or others in an action, enterprise or business". We should refer to this definition when we consider which companies we utilize in each of our businesses.

In order for our association to continue to grow stronger, we must strive to utilize other members of the association as much as possible. ABC members offer many services that other members are certain to appreciate in their own businesses. ABC members are reliable, and the affiliation with ABC always helps to get that extra effort and customer service that you may not get from another provider. Since we all believe so strongly in free enterprise, we also know that when we utilize other ABC members, some of that revenue will most certainly go towards the advancement of free enterprise and the construction industry in general. This process can really be a great way to aid your association and its members.

The next time you are about to write a purchase order or require a service for your company, please check the ABC website (abcpelican.org) to see if an ABC member offers the service or can fill your request. You should feel very safe that you will receive excellent value, service and additional investment in the association by "members using members".

Positive News

Positive news coming out of Washington DC both within the ranks of ABC National as well as from the hallowed halls of Congress.

From the ABC "white house" the good news is ABC's 2010 National Chairman Jim Elmer is keen on "Get into politics, or get out of business." This is the message he gave at the recent National Convention in San Diego this past January, a message previously delivered to members of the Pelican Chapter when Elmer addressed the chapter's attendees at the Officers Installation and Excellence in Construction Awards banquet.

Elmer told members "Our biggest challenge as an association in 2010 will be dealing with the current 'anti' free enterprise administration and Congress, which as we all know, owe their allegiance to organized labor," said Elmer. "At a time when our industry is facing the worst construction economy in decades, the last thing contractors need is vast new mandates from the federal government dictating to them how they will run their businesses."

Elmer was sworn in Feb. 3 as ABC 2010 national chairman. Elmer's 38 years of construction experience includes working on several heavy industrial construction projects involving fossil fuel and nuclear power plants. He worked on the third power house expansion at Grand Coulee Dam and the Alaska pipeline project in Prudhoe Bay. In 1990, Elmer incorporated James W. Elmer Construction Co., which specializes in design-build commercial, light industrial, multifamily and tenant improvement projects.

Elmer has been involved with ABC since 1986, and has served as chairman of several committees, including the Government Affairs Coordinating Committee.

The other positive from our ABC "white house" is that Elmer will be followed by Michael Uremovich founder and CEO of STARCON International who was sworn in as 2010 Chairman Elect.

Since becoming active in ABC in 1986, Uremovich has served on several committees and is currently the executive committee liaison to the Chapter Presidents Executive Committee and the member Services Coordinating Committee, as well as an ABC Political Action Committee trustee. In 2005, ABC presented him with its prestigious Grassroots Member of Year Award.

STARCON, the industrial and mechanical contracting firm Uremovich founded in 1983, has grown into a $200-million-a-year company specializing in servicing the petrochemical industry. The company now has more than 700 full-time team members and has performed work in five different countries. STARCON is a member of ABC chapters in Illinois, Minnesota, Ohio, and Texas as well as a member of the Pelican Chapter. Locally STARCON has offices on East Hwy 30 in Gonzales, La.

Uremovich began his one-year term as ABC chairman-elect on Jan. 1.

Other great news from ABC is that once again Pelican Chapter members garnered their fair share of Safety and Excellence in Construction Awards. Caitlin has provided coverage for your review, please join the Pelican staff in congratulating these award winning members on their very successful merit shop projects.

And now the other good news from inside the loop at the nation's Capital.

Scott Brown has been elected and sworn in to the United States Senate from the great state of Massachusetts. You're right, this is old news but what you did not know is that many of our Pelican Chapter members contributed time and money to help Senator Brown get elected. Kudos to those of us who helped out!

While this was a historic moment there was further evidence as we go to press that "The times they are a changin!" In what will prove to be a historic vote the US Senate defeated the appointment of union attorney nominee Craig Becker to the National Labor Relations Board (NLRB).

In joining conservatives and pro free enterprise members of US Senate, Ben Nelson (D NE) summed up the oppositions concerns:

"Mr. Becker's previous statements strongly indicate that he would take an aggressive personal agenda to the NLRB, and that he would pursue a personal agenda there, rather than that of the administration," Nelson said in a statement. "This is of great concern, considering that the board's main responsibility is to resolve labor disputes with an even and impartial hand."

Nelson went on to say that, "In addition, the nominee's statements fly in the face of Nebraska's Right to Work laws, which have been credited in part with our excellent business climate that has attracted employers and many good jobs to Nebraska. Considering these matters, I will oppose the upcoming cloture motion and the nomination." (Does this last quote remind you of Louisiana or what?)

We must now wait to see if President Obama will seat Becker through a recess appointment. While this is certainly within the President's purview it is questionable whether President Obama would want to make such a clearly partisan call after the amount of opposition to Becker has been raised. If Becker does get seated through a recess appointment, it almost certainly would erode what little credibility the NLRB has in the eyes of many employers.

Speaking of unions, David Denholm, Public Service Research Foundation (PSRF) informs me that the new state-by-state unionism numbers are out and the PSRF is in the process of updating all of their tables and charts on the statistics.

When the Bureau of Labor Statistics released its annual report on union membership on January 22, 2010, it said that unionism in construction industry employment had fallen from 15.6 percent in 2008 to 14.5 percent in 2009. Those are national figures and the figures in each state will differ, some up and some down.

Let David know if you would like a new set of tables and charts for states you may be interested in. David can be reached at david@psrf.com.As you know the Pelican Chapter has been very active politically. With the upcoming Louisiana Legislature convening on March 29th and the ongoing changes in Washington I want to encourage everyone to stay tuned and ready. Our ABC Louisiana political guru John Walters will be looking for your participation and support in putting forth ABC's agenda on both the state and national level.

I mentioned how we rallied to support Scott Brown in Massachusetts, we will be calling in the near future to ask you continue to help raise issues vital to merit shop and free enterprise as well as to provide support for Louisiana Legislators and candidates for the US House and Senate in this year's elections.

2010 LA Regular Legislative Session

With the 2010 Louisiana Regular Session of the Legislature right around the corner and a plethora of bills being prefiled daily, we are carefully monitoring each and every bill. Session convenes at noon on Monday, March 29th and adjourns on Monday June 21st. This session is general in nature; however, no measure levying or authorizing a new state tax, increasing an existing state tax, or legislating with regard to state tax exemptions, exclusions, deductions, or credits shall be introduced or enacted. A large number of bills and a great deal of time and effort will be focused on the impending budget crisis in Louisiana.

Louisiana has fiscal sessions, primarily addressing tax concerns, in odd numbered years and general sessions in even numbered years. The 2008 Regular Session had over 2,200 bills filed. We expect the 2010 regular session to mirror that number. As usual, the ABC Bill Review Committee will review the bills and take positions on the ones that impact member companies. You can rest assured that any bills that seek to threaten our merit shop philosophy and our belief in free enterprise and open competition are met with staunch opposition.

Political Engagement

ABC members truly benefit from their involvement. One of the most important benefits of membership pays off in the political arena. A primary reason ABC exists is to promote, protect and defend free enterprise, and the merit shop philosophy. To that end, our goals are to promote pro-free enterprise legislation, defend against anti-free enterprise legislation, maintain strong relationships with lawmakers, keep members informed politically, and be a resource for members.

We believe that employers have the right and the responsibility to manage their firms free from coercion, restrictive work rules, jurisdictional disputes, secondary boycotts, or artificial restraints of any kind.

ABC believes in the free enterprise system and works diligently to protect members' rights so that contractors can be selected on the basis of their qualifications and price, without regard to their labor relations policy.

ABC Governmental Relations activities focus on strengthening our relationships with our legislative friends, fostering new alliances, and serving as an educational tool on political matters. Member participation is vital in achieving a greater degree of visibility and a louder voice in the political arena. Your time, efforts and use of resources will help you get into politics so you are not forced out of business.

For Democrats, 'Card Check' May Be SAD, Not MAD

Wednesday, January 6, 2010
By Bret Jacobson
Special to Roll Call

Though there was talk of a "nuclear option" in the debate over health insurance legislation, the biggest Beltway battle in years may still lie ahead.

Now that increasingly beleaguered Democrats have succeeded in securing health care legislation, the primary question haunting the Beltway is whether Big Labor will get a vote on its coveted "card check" bill ahead of the midterm Congressional elections. For today's lawmakers, the choice to pick this fight is not so much akin to a Cold War-style mutual assured destruction model in which everyone loses. Rather, it is the possibility that Democrats will choose to risk their majority fighting for an unpopular, watered-down version of the Employee Free Choice Act. Call it the SAD (self-assured destruction) route.

For its part, Big Labor is signaling a demand for action on EFCA. Steve Rosenthal, a top strategist for organized labor, has argued in print that Democrats need to take action to motivate union grass-roots activists for the election and to pass the bill to "energize the union apparatus."

How many moderate Democrats want to actually energize the labor "apparatus" is up for debate, but the importance of EFCA is not. The president of the Service Employees International Union has suggested the bill could add 1 million to 1.5 million members per year to his union. And the head of the Teamsters estimated that the bill could double his rolls. One estimate put the monetary value of the bill for unions at $35 billion. The head of the American Federation of State, County and Municipal Employees blatantly admitted EFCA would be the payback for political support in 2008.

The problem for Democrats, though, is that while EFCA is the top priority for their top special interest group, it's not for most of their constituents.

Strategically, the battle is on terrible terrain for unions and Democrats. Labor, at its lowest approval in decades of Gallup research, simply cannot overcome the disadvantage on messaging: EFCA would effectively eliminate secret ballots and impose government bureaucrats to set rules for small business.

Similarly, there is a great ammunition disparity. Business groups have raised tens of millions of dollars to spend on TV and radio spots, polling and grass-roots outreach. Because the fight is critical to a flexible and competitive work force, employers will dig deep to fight EFCA and candidates pushing it, while union officials largely drained their resources to bankroll the 2008 efforts and don't have the same ability to reload for 2010.

For these reasons, the issue is a clear winner for the GOP. Opposition to card check (as well as to cap-and-trade) played a significant part in the gubernatorial victory for Republican Bob McDonnell in Virginia. Candidates are making their distaste for EFCA part of their public case in Colorado, Connecticut, Kansas and Nevada. Meanwhile, a front-and-center fight on card check is a nightmare for Democratic Senators such as Ben Nelson (Neb.) and Blanche Lincoln (Ark.).

Perhaps worst of all for Democratic strategists, card check puts business and the GOP back on the same side. Whereas enough rent-seeking companies could jump ship on industry-specific issues, employers have no choice but to side with Republicans on EFCA. Instead of the magic "wedge" issue politicians fiendishly crave, card check is a high-performance epoxy binding employers to the GOP.

Still, with as much money as unions threw at 2008 campaigns, Democrats cannot simply tell labor to shelve card check. That's why even union-tied strategists like Rosenthal say "something" must pass. But "something" is as nebulous as it gets, and any bill weak enough to attract moderate Democrats already blistered by health care and cap-and-trade discussions is unlikely to be strong enough for union officials to accept.

Whether unions get a quiet vote on a stripped-out EFCA or they get told to go sit quietly in the corner will be the biggest political decision of 2010 for the White House and Congressional leaders looking to keep their seats.

Bret Jacobson is president of the research and communications firm Maverick Strategies, which assists employers, associations and nonprofits.

ACHIEVING RESULTS THROUGH PEOPLE SUPERVISORY TRAINING

Develop basic supervisory skills with a strong focus on interpersonal skills that enable superintendents and foremen to successfully deal with the "people side" of the business.

COURSE OUTLINE
DAY 1-DEALING WITH PEOPLE

• Exploration of comfort zones
• Examination of three behaviorally based measures (Assertiveness, Emotionality and Flexibility) and impact on leadership
• Thorough understanding of the four behavioral orientations (Drivers, Expressive, Amiable, & Analytical) including behaviors, strengths and liabilities
• Develop plans to interact more effectively with co-workers, direct reports and managers based upon their behavioral orientation

DAY 2-RESOLVING CONFLICT (PART 1)

• Redefining conflict, its context and content
• Examine typical reactions to conflict; Identify common sources of conflict
• Explore conflict resolution modes, advantages, liabilities and situations
• Practice role plays with real world situations, video taping and feedback
• Practice effective listening techniques obtaining feedback from others

DAY 2-COACHING AND FEEDBACK (PART 2)

• Establish a system for observing and documenting job relevant behaviors
• Create behaviorally anchored performance objectives
• Conduct performance appraisals based on real job issues using your organizations' performance appraisal form
• Practice coaching skills including listening, questioning and synthesizing

DATES AND REGISTRATION: Thursday, June 3rd and Thursday, June 17th (8:00 AM-4:00 PM)
Location: All classes are held in the Training Center at the ABC offices at 19251 Highland Road (Baton Rouge).
Cost: $795 ABC Members; $995 For Nonmembers
Discount: Receive $150 per student discount if you sign up more than three students or register before April 29. Email Caitlin for a registration form at cstolzenthaler@abcpelican.com

What membership can mean to you and your business

Well hopefully you are reading this article and you are still excited and in disbelief because the New Orleans Saints have won the Super Bowl.

Well your Membership with the Pelican Chapter is just like the Saints were 5 years ago. They didn't have a strong core team so they had to go out and get some free agents, a few veterans and a few new superstars. Well maybe your company is in the same boat. You are spending money on a lot of different programs from Office Materials, to Shipping, to Vehicles and even Advertising and you want to know how you can save or cut back a little without having to cut something that will affect your company's production and productivity. Well your Membership with the Pelican Chapter may just have the answer. Now that you are part of an exciting Association with some Veteran Business Partners and some of the New Business Partners it is time to take advantage of the savings we have to offer.

I challenge you to look at a few areas where you may be spending money within your company.

Cell phones - that is a perfect example of how you could possibly save some money for your company. ABC has a new Business Partnership with Verizon where you can save up to 20% on your company cells phones, and I am willing to take a bet that if you do a little checking 20% could save you some serious money over the next year.

Example: Your company has 5 Cell phones and they average $100 a month. Using the Verizon ABC Member Discount Program you could possibly save around $1200 in a year on your cell phone bill.

Now what about vehicles you have within your company. See ABC has several different vehicle programs that are part of our Business Discount program that could possibly save money or cut costs. See ABC has a National Agreement with Enterprise Fleet Services, General Motors, and Ford. The Enterprise Program could save you money on your leases, your fleet's quarterly maintenance and in some cases on tax breaks you receive from leasing your vehicles. Now if leasing is not your thing, you can go to GM and Ford and receive a discount that ranges from $250 to $2500 per vehicle, depending on the vehicle you choose.

Another great program ABC offers is our partnership with FedEx Shipping. National did a market research with several chapters around the country and it came to the conclusion that if a small to medium size company ships 2 envelopes/packages a week and took advantage of the ABC Member Discount Program with FedEx that company could save in the neighborhood of $600 a year on their shipping cost. Now that is a pretty good saving if you look at the overall cost of shipping today.

Now there is another program that ABC offers to its members that a lot of people don't know about or just don't take advantage of and that's the Shell Gas Card. Now for someone like myself that is in sales and puts gas in a few times a week I know how much of a benefit it would be if I could get a little bit of a discount on my gas. Well as an ABC Member you have the right to an exclusive deal ABC has with Shell and the Shell gas card. Right now if you register for the Shell Gas card through your ABC Membership you could earn on average 3% back annually on all your gas purchases. I challenge you to do the math and see exactly how much of a savings 3% could bring back to your company within one year.

Example: If a company had 3 vehicles and they spent $12,000 a year on gas within 2010 they would receive an average savings of $360 on their fuel purchases.

Another good opportunity ABC offers exclusively to its members is the Connecting with Industry Leaders and Peers through Networking. Your ABC Pelican Chapter Membership provides many great opportunities to network with other construction industry professionals through a variety of meetings, networking groups, and volunteer leadership activities. But if you really want to get something out of your membership you have to get involved with ABC, join a Committee, attend a Golf Tournament, maybe even come to a Breakfast and meet some of your peers, you may even want to serve on a National Committee or attend a National Meeting.

But the key to your success with your ABC Membership is by getting involved and taking advantage of the many programs and events ABC has to offer on a local, state, and national level. If you would like to get more information about ABC Discount Programs or attending a specific event, please feel free to contact the ABC office and one of our staff would be happy to help you and if you would like some additional information mailed to you please call me at 225-753-2541 or send an email to mdoucet@abcpelican.com and I will be happy to help the best way I can.

Welcome to our newest members

Delta Testing & Inspection
Mike McGowan
1855 Mason Avenue
Baton Rouge, LA 70805
225.356.4355 FAX 225.356.0519
Engineer
Sponsor: Lester Barback, Turner Industries Group

Gulfco Industrial Equipment
Brent Thompson
3237 Petro Drive
Sulphur, LA 70665
337.882.0643 FAX 337.882.0646
Equipment Sales/Rental
Sponsor: Ben Bourgeois, Turner Industries Group

Hargrove Engineers & Constructors
Ralph Hargrove
20 South Royal Street
Mobile, AL 36602
877.388.8356 FAX 251.476.4895
www.hargrove-epc.com
Engineering Services
Sponsor: Jerome Mabile, Performance Contractors

IDOCS Next Copy, LLC
Carl Madere
17991-B Old Perkins Road E.
Baton Rouge, LA 70809
225.755.1331 FAX 225.755.1881
www.idocsnextcopy.com
Printing Services
Sponsor: John Schempf, Triad Electric & Controls

Louisiana Companies
Ryan Allen
801 North Blvd.
Baton Rouge, LA 70821
225.381.3227 FAX 225.387.4336
www.lacompanies.com
Insurance/Bonding
Sponsor: Jeff Pitts, Querbes & Nelson

Progressive Bank
Tyler Speckman
2600 Beene Blvd.
Bossier City, LA 71111
318.212.9009 FAX 318.797.6747
www.progressivebank.com
Banking
Sponsor: Susan Whitelaw, Susan Whitelaw CPA's

The Tim Johnson
Consulting Group
Tim Johnson
P.O. Box 84529
Baton Rouge, LA 70884
225.978.1794
Consultant
Sponsor: William Clouatre, Cajun Industries

Tiger Sanitation Services, LLC
Marc Jones
P.O. Box 78410
Baton Rouge, LA 70837
225.634.9988 FAX 225.261.1333
www.tigertoilets.com
Janitorial Services
Sponsor: Darren Alleman, Performance Contractors

Todd A. Muslow, CPA
Todd Muslow
1804 Centenary Blvd.
Shreveport, LA 71101
318.424.6453 FAX 318.424.8288
www.muslowcpa.com
Accounting
Sponsor: Susan Whitelaw, Susan Whitelaw CPA's

TMA Leasing Inc. (DBA TMA Enviornmental)
Jeff Rusich
6065 Highway 73
Gonzales, LA 70707
225.677.8800 FAX 225.673.9286
Industrial Maintenance
Sponsor: Jeremy Guidry, Pala Interstate

GINA: Protecting Genetic Information

Yvonne R. Olinde, Breazeale, Sachse & Wilson, L.L.P.

The Genetic Information Nondiscrimination Act of 2008 ("GINA") was signed into law in May 2008, and became effective in November 2009. Title II of GINA prohibits employers, employment agencies and unions from discriminating against applicants and employees based on genetic tests or genetic information. In enacting GINA, Congress recognized that progress in genetic testing and studies may lead to the development of better therapies that are more effective against disease or have fewer side effects than current treatments. However, Congress also recognizes that employees fear that they may be at risk of losing their employment, or access to health coverage, if employers or insurers have access to their genetic information. GINA was enacted to address these growing concerns.

"Genetic Information" Defined

GINA defines "genetic information" as (1) an individual's own genetic tests; (2) the genetic tests of a family member; and (3) the manifestation of a disease or disorder in family members. Notably, this definition does not include medical information about an employee's manifested disease or disorder. Also, information about the age or sex of any individual is specifically excluded from the definition of "genetic information." Proposed regulations further clarify that a test for the presence of alcohol or drugs is not a genetic test; however, a test to determine whether an individual has a genetic predisposition for alcoholism or drug use is a genetic test.

Employers May Not Discriminate Based on Genetic Information or Retaliate

Specifically, it is unlawful for an employer to discriminate against an employee or applicant on the basis of genetic information with regard to hiring, discharge, compensation, training, and other terms, conditions or privileges of employment. Similar to Title VII, anti-retaliation provisions protect an employee who files a Charge of Discrimination or otherwise complains or participates in an investigation or proceeding regarding violations of GINA. Employers May Not Request or Obtain Genetic Information

An employer's ability to request, require, or purchase genetic information with respect to an employee or family member of an employee is prohibited except in very limited and specifically defined instances, including:

1. Inadvertent Disclosure: where an employer "inadvertently" requests or requires family medical history of the employee of family member of the employee. The EEOC cautions employers that an overly broad request for medical information will not be considered an "inadvertent" disclosure. Examples of the "inadvertent" disclosure exception would include overhearing a conversation between employees, receiving unsolicited information from the employee, and obtaining genetic information as part of a lawful request for leave or accommodation under the Americans with Disabilities Act ("ADA"), similar state law, or other leave request.

2. Wellness Program: where health or genetic services are offered by the employer, including a wellness program, provided that certain conditions are met.

3. FMLA Certifications: where an employer requests or requires family medical history for Family and Medical Leave Act certification or other state law leave provisions.

4. Newspapers & Publications: where an employer purchases documents that are commercially and publicly available that include family medical history.

5. Monitoring Biological Effects: where the information involved is to be used for the monitoring of the biological effects of toxic substances in the workplace, provided that certain conditions are met.

6. DNA Analysis: where the employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification.

Confidentiality

Genetic information is to be treated as part of an employee's confidential medical record, kept confidentially and physically separate and apart from other personnel information. It can only be disclosed: (1) upon the employee's written request; (2) to an occupational or other health researcher if the research is conducted under the applicable federal regulations; (3) in response to a court order; (4) to a governmental official investigating compliance with GINA; (5) in connection with the compliance or certification of FMLA or state leave laws; and (6) to a public health agency in relation to a contagious disease that presents an imminent hazard of death or life-threatening illness.

Ensuring Compliance

1. Evaluate Medical Exams and Forms: An employer should evaluate and modify the medical examinations and inquiries that it utilizes at the post-offer phase, fitness-for-duty, and as part of a disability related inquiry. Again, the EEOC opines that an employer that asks for genetic information as part of a medical examination will not be considered to have obtained the information "inadvertently." Thus, while employers can continue to conduct medical examinations and inquiries for the limited purpose of determining an applicant's current ability to perform a job, no inquiries should be made regarding an employee's family medical history and no genetic tests of the employee can be conducted. Any forms utilized in relation to medical examinations and inquiries should be revised accordingly.

2. Policy Review and Records: Employers should update handbooks and policies to ensure compliance with GINA. Similarly, ADA, FMLA and other leave forms utilized should be updated to avoid inadvertent disclosure of genetic information by the employer or medical provider. The EEOC recommends that forms provided to the health care provider should specifically state that family medical history or other genetic information about the employee should not be provided. The EEOC has issued revised non-discrimination posters to include GINA prohibitions, and employers should update their postings accordingly. Moreover, an employer should ensure that it is in compliance with the confidentiality provisions of GINA, maintaining genetic information as part of the employee's separate medical file.

3. Training: It is advisable to train human resources professionals and supervisors on GINA's prohibitions against testing, discrimination and retaliation, including how to address complaints received from employees.

Training Center Updates

The Training Center Spring Semester night classes opened very smoothly. Classes filled up rather quickly. As always, the welding classes were filled on the first morning of open enrollment. Pipefitting, Electrical Core, and Crane classes filled within the first week.

Craft Competition

On November 12, 2009, the Training Center's best craft training students selected by their craft instructors competed to determine who would represent the Pelican Chapter ABC at the ABC National Craft Competition. The competition was fierce for the honor of representing the Greater Baton Rouge Area in the National ABC Craft Championship. The local winners advanced to the ABC National Convention in San Diego the first week in February. The five competitors were: Kevin Moffet - Electrical, Daniel Atwood - Millwright, Scott Price - Pipefitting, Ethan Beaugh - Pipe Welding, Max Calligan - Plate Welding. Congratulations are in order for all of these competitors and especially Ethan who place third and Daniel who placed second at the National Competition.

High School Dual Enrollment

This spring, the Baton Rouge Training Center and Southwest Training Center are providing area high school students the opportunity to attend valuable craft skills training while still enrolled in high school. The Baton Rouge Training Center also partnered with Central High School, North of Baton Rouge to assist in this dual enrollment program. Between Central High School and the Highland Road campus, students from 17 different schools are taking advantage of this training opportunity. On the Highland Road Campus, thirty students are enrolled in welding, seven students are enrolled in each the pipefitting and electrical, and twenty students are enrolled in the welding classes at Central High School. The students and their schools will earn valuable IBC (Industry Based Certification) for participating in these dual enrollment opportunities. Thanks to the Program Partners contractors for their assistance in recruiting these students from the 17 different schools. These dual enrollment craft training programs are being funded by the Louisiana State Department of Education with the help of Dr. Jim Owens, High School Career and Technical Director.

More Competition at the Training Center

Each Spring, the Training Center hosts several High School Competitions at the Highland Road Campus. ABC invites all Program Partners Participating High School Craft training Programs to compete against each other. The Spring 2010 High School Craft Competition will take place April 29, 2010. Each high school instructor selects their best welders and electricians to compete for the prizes. Program Partners Participating Contractors provide Judges and prizes for the winners.

The Training Center also will host the Louisiana FFA Association Area IV and State Craft CDE competition. This year the Area IV Craft Competition is on March 18, 2010 and the FFA State Competition is on April 27, 2010.

Those of you who are interested in participating in these high school competitions, please email Alvin Justelien at ajustelien@abcpelican.com or Kelly Carpenter at KCarpenter@abcpelican.com.

Dates to Remember:

• April 1 - Current Enrolled Early Registration
• April 29 - High School Craft Competition
• May 1 - Open Enrollment Begins
• May 27 - Last Day of Spring Semester
• May 31 - Memorial Day Holiday (office closed)
• June 7 - Late Registration Charges Begin

North LA Kicks Off 2010 with Three New Members

We want to welcome our newest members Todd Muslow of Muslow CPA, Tyler Speckman and Greg Lott with Progressive Bank Both sponsored by Susan Whitelaw of Susan Whitelaw CPAs. Louisiana Companies in Baton Rouge was recruited by Jeff Pitts with Querbes & Nelson.

The electrical craft training class resumed in January. Congrats to all of the students starting their third year of training. Thanks to McNeer Electric, Roper Electric and Logistics Electric for all of their help in making these classes a success.

Price Barker, Senior Labor Attorney and Shareholder with Cook Yancey King & Galloway was the guest speaker for the January meeting. Price updated the members on recent court decisions, new labor laws enacted for 2010 and a overview of pending federal legislation. Al Bargas, President of the Pelican Chapter also updated the membership at the January meeting on the events & happenings for the chapter in 2010.

The 2010 Northwest & Northeast Steering Committees held a joint planning session in January prior to the Northwest general member meeting. Kudos to the committees for all of their hard work and developing strategies for the continued success of the Pelican Chapter North Louisiana.

Each of the Northwest Steering Committee members have all signed a pledge to recruit a minimum of at least 3 new members for 2010. How many will you recruit? Remember "More Members More Clout", this is your association lets make it a growth year. ABC established the Beam Club in 1966 to recognize those members who have recruited new members into the association. To join the Beam Club, you need to recruit five new ABC members. The more companies you recruit, the more recognition you receive for being an ABC Beam Club Member. Johnny Barbo, McNeer Electric was named North Louisiana Beam Club member of the year for the Pelican Chapter in 2008 and nominated for ABC National Beam Club member of the year. Johnny is a member of the ABC National Beam Club at the Merit Silver level.

New Member Recruiting Leaders for North Louisiana

Susan Whitelaw, Susan Whitelaw CPA's
2 new members /January

Jeff Pitts, Querbes & Nelson
1 new member /January

Volunteer, Volunteer, Volunteer

The Events and Membership Committees need your help. Sign up at the next meeting to participate, a great way to network your company.

ABC Names John Smith 2009 Contractor of the Year

ABC recently presented its Contractor of the Year award to John Smith, CEO and chairman of Lake Mechanical Contractors, Inc., Eustis, Fla., at its National Convention in San Diego. This prestigious award is given to an ABC member or member firm that has demonstrated significant accomplishment for the association, the merit shop and the construction industry.

"John is a true champion for free enterprise and workforce development," said ABC President and CEO Kirk Pickerel. "But, what has truly set John apart is his undying passion and tireless dedication to apprenticeship and craft training."

Smith began working at his family's company as a licensed mechanical contractor and master plumber in 1962, with his wife, Evelyn, as a business partner. Lake Mechanical is now one of the largest mechanical contracting companies in central Florida, with annual sales near $22 million.

He began his ABC leadership career as one of the first board members of ABC's Central Florida Chapter in 1973 and became its president in 1977. Next, Smith stepped into a leadership role at ABC of Florida, the statewide organization, and served as its president in 1979.

Throughout the 1980s, Smith was a member of ABC's National Education Committee, which developed construction curriculum that became the backbone of the National Center for Construction Education and Research. Smith was the innovator behind ABC's first National Craft Olympics in 1987, which developed into the renowned National Craft Championships competition.

Smith served as ABC's national chairman in 1991. He was president of ABC's Construction Education Foundation in 1993 and its trustee in 1998. He chaired ABC's Mechanical Contractors Council from 1996 to 1998. And in 2004, Smith became chairman of ABC's Trimmer Education Foundation and continues to serve as a member of its board.

Smith is a graduate of North Carolina State University and Harvard University's Graduate School of Business Administration.

First Quarter Highlights

Our Spring 2010 semester is going well with 308 students registered in our regular ABC classes and 41 students in the NEG and Dual Enrollment High School classes. The NEG (National Emergency Grant) started last December and will end the middle of March. We are planning to start a CDBG Welding class the middle of March and an Electrical and Pipefitting class in the summer. Our Dual Enrollment High School classes are progressing with students having completed core and starting up in Pipefitting and Electrical.

The Southwest Training Center is gearing up for our FFA contests. On Thursday, March 4th we will host the District 9 FFA contest. Later in the month on March 17th we will host the Area III FFA contest held in conjunction with our ABC Contractor Jambalaya Cook-Off. Contractors enter their favorite jambalaya recipe and their favorite side dish. The hungry contestants really enjoy the delicious jambalaya. We encourage all ABC contractors and SLCUC members to come and bring a guest to watch the contest and eat lunch. We are working on getting local television stations to cover this event.

On Tuesday, April 27th, the SW ABC Training Center will host the annual crawfish boil and the Pelican Chapter Board Meeting. This is a fun time to get together, eat delicious crawfish, and visit with other members.

I would like to thank Louisiana Machinery for loaning us a dozer for our Heavy Equipment classes. Our students appreciate being able to operate machinery.

We are anticipating a busy year with our regular classes, along with the grant classes; facing whatever challenges that come our way.

ABC Recognizes 2009 National Safety Excellence Award Winners

ABC recognized the nation's safest construction firms in 2009 at the 20th annual Excellence in Construction and National Safety Excellence awards celebration at the Hilton San Diego Bayfront Hotel and Convention Center in San Diego, Calif.

The 2009 National Safety Excellence Award winners were selected from ABC member firms achieving Platinum status in ABC's Safety Training and Evaluation Process (STEP) program. Selection criteria for the national safety winners included each member's self-evaluation scores, lost workday case rates, total recordable rates, and interviews conducted by members of ABC National's Environment, Health and Safety Committee.

"ABC salutes these winners as they have demonstrated their dedication to construction workplace safety," said Kirk Pickerel, ABC president and CEO. "Creating safe work environments is a top priority for the association. ABC provides member firms with safety training programs, information and an annual safety training and evaluation process that serves as a benchmark and guide to maintaining an effective construction safety program."

The National Safety Excellence Awards are presented in three major North American Industry Classification System (NAICS) code categories: NAICS 236 - Construction of Buildings; NAICS 237 - Heavy and Civil Engineering Construction; and NAICS 238 - Specialty Trade Contractors. The following is a list of ABC's National Safety Excellence winners from Pelican Chapter.

NAICS 236 - General Contractor - Turner Industries Group, Baton Rouge, La.
NAICS 238 - Specialty Contractor - Maintenance Enterprises, White Castle, La.

Let the Games Begin: Registration Relays

By Jay de la Houssaye, Enterprise Fleet Management

For businesses that manage their own fleets, registering vehicles can be a complicated and exasperating process, especially for companies whose drivers are scattered across multiple states and counties.

The excitement begins with different states having different names for their regulatory agencies, which may be known as DMV (Department of Motor Vehicles), BMV (Bureau of Motor Vehicles), MVA (Motor Vehicle Administrators), DOT (Department of Transportation), and many others. The confusion continues with requirements and terminology that vary state-by-state or county-by-county for emissions, license plates, taxes and insurance.

The following examples highlight some of the most common variations:

• Emissions testing may be required by individual states or counties, and criteria may include any combination of model year, vehicle weights and/or mileage. This can be confusing for drivers who may ask, "Where can I get tests done?" or "Do I have to?"
• License plate requirements also can be complicated. Because each county may have its own plates, relocating from one county to another can involve more than just updating an address. A new set of plates may be required. In addition, states can use different terminology and criteria to determine plate type categories such as standard, commercial, combo and truck, to name a few. Because individual states may have special regulations for commercial vehicles regarding where they can park and what roads they can use, having an incorrect plate type can be an inconvenience, costing money and causing headaches for drivers.
• Taxes go beyond the typical sales tax and may also include county, city, excise, tire, ad valorem and personal property taxes. And, although time frames for paying various taxes can range from the time of registration, to monthly or even annually, forgetting to pay one of these taxes can result in penalties, and can hold up registrations until payment has been received.
• Proof of insurance varies from state to state and can delay registrations. Some states require an insurance card with the appropriate VIN displayed, while other states look for an insurance certificate. In some places, electronic insurance submission is mandatory and in others, the only requirement is the insurance carrier's name and policy number. Occasionally, there is no insurance requirement at all.

The consequences of not keeping vehicles properly registered can be significant, from paying extra charges because of penalties to reducing drivers' productivity if their vehicle is impounded for being improperly registered.

Because there may never be a uniform way to register vehicles across the nation, working with a fleet management company that has the knowledge and expertise to handle vehicle licenses and titles for each state can make the process go much more smoothly for drivers and their companies. In addition to taking full responsibility for the time-consuming, labor-intensive process of renewing vehicle registrations, turning over the responsibility to a fleet management company frees up drivers, relieving them from spending time standing in line at the department of motor vehicles when they could be servicing customers. It also eliminates driver out-of-pocket expenses and the related costs of processing reimbursements.

Jay de la Houssaye, Area Sales Manager for Enterprise Fleet Management/Louisiana, can be reached at 504-779-3321. Serving the entire South Central Louisiana area, de la Houssaye is supported by an experienced team of veteran mechanics and accredited Automotive Service Excellence (ASE) technicians to serve the fleet maintenance needs of businesses with mid-size fleets. In addition to maintenance management programs, Enterprise's services include vehicle acquisition, fuel management and insurance programs, as well as vehicle registration, reporting and remarketing. Visit the enterprisefleet.com or call toll free 1-877-23-FLEET.

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