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November 2012 Business Magazine

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Discover how the family owned William T. Spaeder Company in Erie, northwest Pennsylvania’s largest mechanical contracting firm, has expanded by embracing old-fashioned values and the attitude of being “best in business” by investing in its operation, training and technology.

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Page 1: November 2012 Business Magazine
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Don’t miss our annual EGGS ‘N’ ISSUES ECONOMIC FORECAST on Wednesday, December 12, with James Kurre, Ph.D., associate professor of economics at Penn State-Behrend and director of the Economic Research Institute of Erie (ERIE), for an in-depth look at the facts, figures, statistics and trends that can give us a clearer picture of what to expect in 2013 — as well as insights on the impact of Obamacare, the fiscal cliff, and possible expiration of the Bush tax cuts.

To register, click here or call 814/833-3200 or 800/815-2660.

Registration: 7:45 a.m. (8 a.m. presentation)Cost: $30 Members, $60 Nonmembers

WHAT LIES AHEAD?

EGGS ’N’ ISSUES►►►Where Business Leaders Meet

Page 3: November 2012 Business Magazine

BUSINESSM A G A Z I N E

VOLUME XXV, NUMBER 11 NOVEMBER 2012Manufacturer & Business Association

Mechanical Contracting Firm Builds on Old-Fashioned Values, New Technology / Page 10

Page 4: November 2012 Business Magazine

the expertiseto help yourbusinessprosper.RBS Citizens is one of the world’s leading commercial banking institutions. Our affiliation with the Royal Bank of Scotland Group (RBS) allows us to extend our reach to more than 38 countries, where we serve as a source of local expertise, have in-market operations and provide dedicated client service wherever you do business.

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For more information on how we can help your business call:John Dill, senior Vice president (814) 453-7265ed Kloecker, senior Vice president (814) 453-7233Doug patton, senior Vice president (814) 453-7212

© 2012 Citizens Financial Group, Inc. All Rights Reserved. 0301

Page 5: November 2012 Business Magazine

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22 < www.mbabizmag.com < November 2012

22 < www.mbabizmag.com < November 2012

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FEATURES > 3 / For What It’s WorthAssociation Board of Governors Chairman Dale Deist explains the importance of encouraging and educating your employees on voting this Election Day.

5 / Risking It AllIn this new section, Great Lakes Automation Services, Inc. President Mark Fatica discusses the challenges and opportunities of founding the McKean-based company 10 years ago.

10 / Wm. T. Spaeder Co.Discover how the family owned William T. Spaeder Company in Erie, northwest Penn-sylvania’s largest mechanical contracting firm, has expanded by embracing old-fash-ioned values and the attitude of being “best in business” by investing in its operation, training and technology.

18 / On the HillOn November 6, Erie County voters will decide who will fill the seats of two retiring legislators, State Senator Jane Earll and State Representative John Hornaman. The As-sociation’s Government Affairs Department recently sat down to find out more about the open-seat candidates.

INSERT / Training Catalog Learn about the Association’s upcoming professional development and computer training courses in our new catalog.

DEPARTMENTS > 7 / Business Buzz16 / HR Connection

20 / Legal Q&A25 / People Buzz

EDITORIAL > 9 / Health Matters Are you as fit as a fifth-grader? How you can take wellness to the next level.MICHAEL PARKINSON, MD

15 / Legal BriefWhy it’s important to know the arbitration rules in construction disputes before you sign a contract. JOHN J. MEHLER

November 2012

Blue Ocean Strategy Center

Read on the Go!For the most current Business Magazine updates or to register for a digital subscription, visit www.mbabizmag.com. Be sure to also fan us on Facebook and follow us on Twitter!

SPECIAL SECTION >22 / Corporate Gift Giving & Event Planning GuideGetting ready for the holidays? Here are a few companies to consider for your seasonal celebrations.

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November 2012 > www.mbabizmag.com > 1

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I have been a businessman for 43 years and a member of the Manufacturer & Business Association (MBA) for 19. This year, I have the distinct honor of serving as the chairman of the Association’s Board of Governors.

As chairman — but more importantly, as an American — I want to take this opportunity to encourage you, my fellow members and entrepreneurs, to do two things of great importance.

The first is to vote in this month’s presidential election. There’s little doubt that our great nation is at a crossroads — and I truly believe that this election boils down to two very different visions for America.

I know how I view each vision, and which one will create an environment of economic freedom and expansion — and I know that you do as well. The policies coming out of Washington, D.C. directly affect both our daily operations and our ability to compete.

That leads me to my second request: Please talk to your employees. • Tell them how onerous regulations, tax uncertainties and more government

control impact your ability to manage and grow your business.

• Tell them we need a vibrant private sector, not a bloated government.

• Tell them we need economic expansion, not increased government spending.

• Tell them we need more job creation, not more government programs.

• Tell them we need to unleash the genius of American technology backed by the massive capabilities of our work force — a winning combination that has made the United States the envy of the world.

Tell them these things because, in the end, we are all Americans, and we’re all a part of the same work force.

Tell them these things because you, like me, believe our country has unlimited potential and that our best years await us. And given the right economic environment — one that allows us to effectively compete in the world market — we can achieve that potential.

How do I know? Because it’s what has made the United States — the nation with the world’s largest and most powerful economy — the most exceptional nation on Earth.

Our story, America’s story, isn’t just something that I want to tell my grandchildren about — it’s a legacy I want to pass on.

Please vote on November 6. For more detailed election information, please see this month’s On the Hill section on page 18.

Dale Deist is chairman of the Manufacturer & Business Board of Governors and founder of Hadley, Pennsylvania-based Deist Industries, a leader in the truck body manufacturing business since 1993.

Encourage, Educate Your Employees on the Importance of Voting This Election Day

EDITORIAL > by Dale Deist

VOL. XXV, NO. 11 NOVEMBER 2012

© Copyright 2012 by the Manufacturer & Business Association. All rights reserved. Reproduction or use of editorial, pictorial or advertisements created for use in the Business Magazine, in any manner, without written permission from the publisher, is prohibited. Unsolicited manuscripts cannot be returned unless accompanied by a properly addressed envelope bearing sufficient postage. The maga-zine accepts no responsibility for unsolicited manuscripts or artwork. The Business Magazine and Manufacturer & Business Association do not specifically endorse any of the products or practices described in the magazine. The Business Magazine is published monthly by the Manufacturer & Business Association, 2171 West 38th Street, Erie, Pa. 16508. Phone: 814/833-3200 or 800/815-2660.

Mission StatementThe Manufacturer & Business Association is dedicated to providing information and services to its members that will assist them in the pursuit of their business and community interests. – Board of Governors

Manufacturer & Business Association2171 West 38th Street Erie, Pa. 16508 814/833-3200 or 800/815-2660 www.mbausa.org

Manufacturer Yvonne Atkinson-Mishrell& Business Joel BerdineAssociation Board John Clineof Governors Dale Deist Bill Hilbert Jr. Donald Hester Timothy Hunter J. Gordon Naughton John B. Pellegrino Sr., P.E. Dennis Prischak Sue Sutto

Editor in Chief Ralph Pontillo [email protected]

Executive Editor John Krahe [email protected]

Managing Editor & Karen Torres Senior Writer [email protected]

Communications Jessica McMathis Specialist [email protected]

Contributing John J. Mehler Writers Michael Parkinson

Feature Photography Ron Stephens La Mirage Studio 814/835-1041

Advertising Sales Patty Welther 814/833-3200 or 800/815-2660 [email protected]

Design, Production Printing Concepts Inc. & Printing [email protected]

ON THE COVER: Owners of the William T. Spaeder Company — front row, from left: Mary Kay Reber; Terry and Jay Spaeder; and back row, from left: Tony, Tim (retired), Steve and Dave Spaeder; and Greg Senger — have invested approximately $2 million to renovate and expand their offices on East 18th Street in Erie. The company, founded in 1914, has grown dramatically over the years to become one of Pennsylvania’s largest and most comprehensive mechanical contracting firms. For full story, see page 10.

For What It’s Worth

November 2012 > www.mbabizmag.com > 3

Page 8: November 2012 Business Magazine

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From left to right: Scott Gezymalla, Andrew Lincoln and Jeremy Lincoln

Howard and Barney Lincoln at Lincoln Metal in 1973.

Page 9: November 2012 Business Magazine

The Business Magazine is proud to introduce our new “Risking It All” section, which highlights the entrepreneurs who took risks and made sacrifices to build their businesses in our region. This month, we sat down with Mark Fatica, president of Great Lakes Automation Services, Inc., to talk about the challenges and opportunities of starting the McKean-based company 10 years ago.

Ten years ago, Mark Fatica was working for someone else. His former employer, Assembly Machines Inc., had been in business in the Erie area since the 1970s, but in 1996 was bought by a multimillion-dollar company that had been acquiring automation and packaging businesses across the country.

As the economy turned south in the early 2000s, many of the facilities were forced to shutter and it looked like the Erie operations would be moved out of town. Fatica, a former vice president of sales and marketing, and colleague Ken Fisher, an operations manager, had worked there for more than 25 years; another colleague Bryan Brooks, who was a service expert, had worked there for about 10.

“We said to ourselves, ’Why don’t we look at starting our own thing?’ We had such a good rapport with customers and a lot of relationships,” Fatica says. “So we decided to start our own business to do service and parts of automated assembly equipment.”

In February 2002, Fatica and his new partners put in their notices and founded Great Lakes Automation Services. It was the three of them, a business plan, and the $20,000 they each kicked in for starting working capital. They worked out of their homes, pretty much round the clock.

According to Fatica, the realities of becoming a business owner were harsh. Cash, noncompete litigation, and a subsequent settlement — that wouldn’t allow them to solicit certain customers for two years — made it even more daunting. Still, they pushed ahead.

The company moved to a small office and manufacturing space in Millcreek Township and grew little by little every year. Ironically, in 2004, their former employer asked them if they wanted to buy back the business, and they did — for pennies on the dollar.

Even so, Great Lakes wasn’t very diversified — and closely tied to the automotive market — so any swing in the market hit the business hard.

That’s when Fisher, a disabled U.S. military veteran, went looking for business with prime contractors of the government and secured classification as a service-disabled, veteran-owned, small business. He spent about a year introducing Great Lakes to different companies at various trade shows. In 2007, they got “the call” from a company in Rochester, New York that needed to outsource its packaging and kitting.

“With most businesses, in the first five to seven years, you don’t make a lot of money, if any at all, and we didn’t,” explains Fatica. “The amount of business they placed with us and the cash flow it introduced allowed us to catch up, pay off all our debts and start with a clean sheet of paper.”

Great Lakes, which now occupies a 34,000-square-foot facility in McKean, has grown exponentially since then, providing automated assembly and test equipment; packaging and kitting; and precision machining. In 2009, Great Lakes purchased Clifton Machining in Lake City, bringing the total operation to 50 employees across three divisions. The company also started Great Lakes Auto Nation to offer muscle car restoration services and Eagle Auto Services to handle collision work and towing — creating potential for even more growth.

To this day, Fatica is adamant about his decision to go into business for himself. “There is good and bad with everything, but at the end of the day, controlling your destiny and just the satisfaction of taking something when you risked it all, and it worked out for you, it is very rewarding; it is all worth it.”

For more information about Great Lakes Automation Services, Inc., visit www.glasi.us.

Great Lakes Automation Services, Inc. Owner Shares Startup Challenges, Success

EDITORIAL > by Ralph Pontillo

Risking It All

“We said to ourselves, ’Why don’t we look at

starting our own thing?’ “

EDITORIAL > by Karen Torres

From left: Great Lakes Automation Services, Inc. co-owners Bryan Brooks, Mark Fatica and Ken Fisher.

The business employs 50 workers across three divisions.

Great Lakes Automation Services, Inc. is headquartered at 8835 Walmer Drive in McKean, Pennsylvania.

November 2012 > www.mbabizmag.com > 5

Page 10: November 2012 Business Magazine

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Page 11: November 2012 Business Magazine

ERIEZ BRINGS INTERNATIONAL BUSINESS CONFERENCE TO ERIEEriez, a world authority in advanced technology for magnetic, vibratory, inspection and flotation applications headquartered in Millcreek Township, recently hosted its International Business Conference at the Erie Bayfront Sheraton Hotel and Bayfront Convention Center. The event, themed “A World of Opportunities,” attracted about 150 attendees from Eriez field sales offices and affiliate plants around the world.

“In this, our 70th anniversary year, we have more of a global focus than ever before,” stated Shuttleworth in a prepared statement. “We are experiencing tremendous growth both around the world and right here at home. For Eriez, there truly is a world of opportunities.”

The last Eriez International Business and Marketing Conference was held in 2008.

Highlights of the Eriez conference included speeches from Shuttleworth as well as two keynote speakers: Charles Cohon, president and CEO of the Manufacturers’ Agents National Association, and Chester Elton, author of The Orange Revolution.

For more information, visit www.eriez.com.

COMPOSIFLEX INTRODUCES NEW PROTOTYPE PROGRAMComposiflex, a global supplier of highly engineered composite products, has introduced the RAPIFLEX prototype program, which enables delivery of real

advanced composite prototypes with drastically improved lead times.

Through the program, improvements in turn-around-time have been made by utilizing innovative tooling and manufacturing processes along with dedicated resources.

The company introduced the program to design engineers and other attendees at the recent AUVSI (Association for Unmanned Vehicle Systems Inter- national) tradeshow.

Composiflex is an innovator in the design and manufacture of advanced high-performance composites. Specializing in custom designs, the Erie-based company serves aerospace, military, ballistic protection, medical, industrial, and other markets.

For more information, visit www.composiflex.com.

BUSINESS RECORDS MANAGEMENT ACQUIRES THE PAPER EXCHANGEBusiness Records Management LLC (BRM), a leader in information management, has acquired the records and information storage business, including document destruction, and the related assets of The Paper Exchange. This acquisition enhances BRM’s position as a regional leader in the information management industry, and follows the April 2012 acquisition of Underground Archives.

Founded in 1986, BRM operates facilities in Pittsburgh, Erie and Johnstown and provides information management services to organizations throughout western Pennsylvania, Ohio, West Virginia, and parts of Maryland and New York. For more information, visit www.businessrecords.com.

DEPARTMENTS > Contact: Jessica McMathis

Business BuzzGE UNVEILS THE FIRST TIER 4 HEAVY HAUL LOCOMOTIVEGE Transportation recently unveiled the prototype for its next Evolution Series Locomotive that will decrease key emissions by more than 70 percent and save railroad customers more than $1.5 billion in infrastructure and operational costs. GE expects that the locomotive will be the first in the industry to meet the U.S. Environmental Protection Agency’s (EPA) stringent “Tier 4" emission standards, set to take effect in 2015.

The new engine technology is the result of a six-year, $400-million investment, followed by a two-year, $200-million investment to hone the research, design and engineering to meet Tier 4 standards.

The company plans to build its Tier 4 Evolution Series Locomotives at one or both of its U.S. locomotive manufacturing sites in Erie and Fort Worth, Texas, and its Tier 4 compliant diesel engines at its manufacturing plant in Grove City, Pennsylvania.

For more information, visit www.ge.com.

ANGELO’S SALON DEVELOPMENT GROUP GOES MOBILEAngelo’s Salon Development Group Inc., a full-service distributor of professional hair care products to professional independent salons, recently equipped all of the company’s distributor sales consultants with the Apple iPad3.

The company believes the mobile technology will help its consultants deliver more information more efficiently to customers in the northwest Pennsylvania and Ohio markets, as well as enhance education support, improve response times, quicken order processing, and better deliver educational and promotional documents.

For more information, visit www.angelosgroup.com.

From left: Angela Engro Fatica, owner and president; Doug Martin, Fran DiSanti, and Carole Amross; Chris Fatica, owner and vice president of Sales; and Rebecca Schuff.

The prototype for GE Transportation’s next Evolution Series Locomotive.

November 2012 > www.mbabizmag.com > 7

Page 12: November 2012 Business Magazine

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Page 13: November 2012 Business Magazine

Many of you have seen the popular TV show, “Are You Smarter Than a Fifth Grader?” And, no doubt, you came away with an appreciation for things fifth-graders know that adults do not — or have forgotten.

It’s just as likely that many adults would be surprised to learn the answer to this question: “Are You as Fit as a Fifth-Grader?” Chances are you don’t know and it’s unlikely that you could easily find out from either your doctor or your corporate wellness program.

’Risk’ vs. ’Fitness’ My fifth-grade son recently brought home his “Fitness Gram,” which recorded how he scored in a number of physical tests designed to measure fitness. What struck me was how detailed the assessment was, especially in contrast to its equivalent in the corporate or “adult” world.

Employers have been measuring and promoting workplace wellness primarily through the use of a health risk assessment, which measures personal health behaviors and self-reported height and weight, or body mass index (BMI). Many employers add biometric screenings, which include blood pressure and lipid or blood fat levels as well.

Typically, individuals whose scores or lab values indicate low risk are considered most healthy. But the absence of risk does not equal “health.” And, clearly, the absence of risk does not equal “fitness.” Simply put, in the corporate world at least, the bar has been set too low on

the measurement and definition of “wellness.”

Fitness tests for my fifth-grader include:• Aerobic capacity. This is

known as “VO2 Max,” and is widely considered the test that best reflects the overall cardiorespiratory (heart and lung) physical fitness of an individual. VO2 Max also has been shown to be the best single predictor of “all cause mortality” — how long we’ll live. Aerobic testing is almost never part of corporate wellness tests for adults.

• Assessment of muscle strength, endurance and flexibility. These are considered the core components of total fitness and are rarely part of an adult fitness test.

• BMI. This test is common in health risk assessments as well. BMI is based on a formula that takes into account your height and weight in determining whether you have a healthy percentage of body fat.

Why Fitness Matters on the JobMuscle strength and flexibility are important in the workplace. Musculoskeletal injuries, such as strains and sprains, are due often to obesity, lack of core body strength, and fitness. Musculoskeletal injuries are a leading cause of lost workdays, as well as medical and disability costs. Back injuries, slips, and stretching mishaps are common work-related incidents that could be avoided with improved core body strength.

Generally speaking, fifth-graders are more fit than adults because they are more active. In order to improve fitness, people need to participate in moderate aerobic activity for 30 minutes a day, five days a week. It does not matter if the 30 minutes is all-at-once or split into three 10-minute segments. What’s important is to try to get moving!

Trying to become as fit as a fifth-grader is within your reach — not immediately, but over time. Any company — or, individual, for that matter — that wants to take wellness to “the next level” should start measuring fitness the way fifth-graders do. Comprehensive fitness assessment can be incorporated into onsite wellness screening.

To learn more about UPMC Health Plan’s wellness programs, visit www.upmchealthplan.com.

Are You as Fit as a Fifth-Grader?

Health MattersEDITORIAL > By Michael Parkinson MD, MPH

Michael Parkinson MD, MPH is the senior director, Health and Productivity, for UPMC Health Plan, which is part of the integrated partner companies of the UPMC Insurance Services Division. These include UPMC WorkPartners, LifeSolutions, UPMC for You (Medical Assistance), Askesis Development Group, Community Care Behavioral Health and E-Benefits – and which offer a full range of insurance programs and products.

November 2012 > www.mbabizmag.com > 9

Page 14: November 2012 Business Magazine

The William T. Spaeder Company is one of the most recognizable names in mechanical contracting in northwest Pennsylvania, and one of its oldest.

In 1914, namesake William T. Spaeder founded the company while working out of his shop on East 25th Street in Erie. It was there in the back of his home that Spaeder, with his natural curiosity and talent for tinkering, created a fascinating assortment of devices, including his patented “wonder liquid water level” and “reflecto target,” a tool used for surveying.

“He had a very entrepreneurial spirit and a great curiosity,” explains granddaughter Mary Kay Reber, the company’s current CFO. “He was not formally educated — he only went to school to the eighth grade — but he was self-educated and self-motivated.”

Ultimately, Spaeder’s greatest accomplishment wasn’t an invention, per se, but the pride and values he and his wife, Julia, instilled in their family and their plumbing business. Nine of the couple’s 11 children went to work at the contracting firm — two of whom still work there today.

“I always tell people that if they want to get a sense of the Spaeder Company, they have to look at its origins,” states Reber. “If you think of a large German Catholic family, then you have the understanding that they are going to be very frugal, hard-working, nose-to-the-grindstone type

of people, raised on the belief that although you may not always agree, at the end of the day, you all have to pull in the same direction or you won’t succeed.”

Now on its third and fourth generation, the William T. Spaeder Company has certainly achieved success, a credit to the seven owners who have embraced their family values and the attitude of being “best in business” by investing in their operation, training and technology.

“Sometimes with family businesses you have a lot of outside share-holders who don’t really understand the financial needs and the market challenges that the company is facing,” Reber explains. “Our whole concept is that we protect the company first, and do what is the best interest of the company, and hopefully that is what is in the best interest of the family too.”

Extensive ServicesThe William T. Spaeder Company is truly a family owned business that embodies old-fashioned values while staying progressive within its industry.

Earlier this fall, the company completed a $2-million renovation and expansion at its headquarters on East 18th Street. The company has been at the location since 1966, with its only other major addition dating back to 1992.

Mechanical Contracting Firm Builds on Old-Fashioned Values, New Technology

Clockwise from top left: The William T. Spaeder Company was founded in 1914 on East 25th Street in Erie and today is owned by the third generation of the Spaeder family. Founder William T. Spaeder (shown far right) had a strong work ethic that he instilled in his family, including Dave Spaeder and Kathleen Peden (bottom right), who still work at the business today. They were two of the original 13 members of the Spaeder family, which included children William C., James, Thomas, Marie (Senger), Magdeline, Kathleen (Peden), David, Paul, Jerome, Mark, Mary Agnes (Crolli), and parents William T. and Josephine Julia.

10 < www.mbabizmag.com < November 2012

Page 15: November 2012 Business Magazine

The Spaeder Company’s cutting-edge fabrication shop, located at its East 18th Street headquarters in Erie, is currently undergoing a 15,000-square-foot addition.

“In recent years,” notes Reber, “we outgrew the space and realized we needed a more professional image, one which matched the vision we have for our company.”

What has emerged is one of the region’s largest mechanical contractors with comprehensive services that include plumbing; heating, ventilation and air-conditioning; process piping systems; fire protection; and preventative maintenance. The company serves a broad range of customers in the residential, commercial, and industrial markets. Their diverse customer base includes colleges and universities, hospitals and manufacturing plants, and municipal water and wastewater treatment facilities.

According to Spaeder’s grandson, President Terry Spaeder, much of the company’s early industrial work came from manufacturers such as the former Hammermill/International Paper, General Electric, and Lake Erie Biofuels, Pennsylvania’s first large scale biodiesel facility.

“The job that really triggered growth was the biofuels plant,” notes Spaeder. “We finished that in 2007 and, from that time on, it seemed to spark the company. It showed the owners what we could do and what our potential was and things really took off from there.”

Spaeder’s resume also includes extensive work for large-scale projects at Gannon University, Edinboro University of Pennsylvania, as well as United Refining, and the Erie County Courthouse. The company’s plumbing, process piping and fire protection projects range anywhere from $50,000 to upwards of $14 million.

Most recently, Spaeder has been closely involved with the improvements at the Erie Water Works facility and the installation of a new filtration or “membrane” system at the Wasielewski Water Treatment Plant. One of the company’s most highly anticipated projects is the $47-million expansion and renovation of Erie Insurance Arena, where the firm serves as the prime plumbing contractor and heating subcontractor at the convention center and sports complex.

Farther from home, the company has done work for major customers such as Pfizer in Chillicothe, Ohio, and Marcellus shale-related piping work for a client in Mount Jewett, Pennsylvania.

“We emphasize quality and when you do this your reputation becomes synonymous with quality,” says Spaeder. “We see that over and over again.”

Continuous InvestmentsAccording to Terry Spaeder, the company has been able to control costs and increase efficiency on these projects through its facility and technological investments.

The firm’s 21,000-square-foot fabrication shop, in which Spaeder does all its own pipe work and welding, is currently undergoing a 15,000-square-foot addition, at a cost of approximately $600,000 with a $200,000 equipment upgrade.

“We have invested in our fabrication shop and we think what separates us from the competition is pre-fabrication,” explains Spaeder. “What normally takes two guys in the field to do, we do with one man in our shop.”

Complementing this fab shop expansion is the Spaeder Company’s investment in Building Information Modeling (BIM) software. John Marsh, virtual design and construction division manager at Spaeder, says the technology combined with high-tech scanners yields detailed virtual images more quickly than traditional surveying methods — and more accurately. A drawing of a pipe can, in effect, be turned into a realistic object, which can easily be turned into an actual part for fabrication.

“For a contractor,” says Marsh, “the purpose of the model is to get the real world into the fab shop so that we can use the shop more effectively.”

According to the company, Spaeder is the first mechanical contractor, outside New York City, to use phase-based laser scanners with strategically placed sensors for building projects. The laser scanners, largely used for forensic investigations, provide even more intricate scans than the firm’s single-point laser scanners, with up to 28 million points per rotation, or billions of points for each project.

On the Wasielewski project, for example, Marsh says the company was able to compare their model to the real-world construction, and was >

About: William T. Spaeder is one of northwest Pennsylvania’s oldest and largest mechanical contracting firms and a member of the Mechanical Contractors Association of America.

Founded: 1914 in Erie, Pennsylvania by William T. Spaeder

Headquarters: 1602 East 18th Street in Erie

Services: Provides a variety of plumbing and heating, process piping systems, fire protection and technical support services for industrial, commercial and residential customers.

Market Locations: Primarily Erie, Warren and Crawford counties; industrial work extends as far south as Pittsburgh, central Pennsylvania and central Ohio.

Employees: Approximately 185

Community Involvement: The firm places a strong emphasis on giving back to the community through participation on various boards, such as the Autism Society and Jefferson Educational Society, and fundraisers for the Erie Housing Authority, as well as the Barber National Institute and L’Arche in honor of their aunt, Magdeline Spaeder, who was born mentally challenged.

Phone: 814/456-7014

Fax: 814/459-1178

Email: [email protected]

Website: www.wmtspaeder.com

Mechanical Contracting Firm Builds on Old-Fashioned Values, New Technology

November 2012 > www.mbabizmag.com > 11

Page 16: November 2012 Business Magazine

able to assist the general contractor with wall dimensions. “Even though we were only the piping contractor, with our technology we actually ended up laying out the new wall locations,” he states, “because we had it all in a digital environment and we could see more accurately how everything worked together.”

Marsh, who represented Spaeder at a recent industry trade show in Las Vegas, says the technology has taken the contracting industry by storm. “If you spend time with a company like us, which is advanced in the technology of preconstruction, you can save time during actual construction and really eliminate the change orders that plague larger projects,” he says.

Looking ForwardIn addition to being a leader in technology, the Spaeder Company is far ahead of the curve when it comes to employee education and training.

“When the economy turns down, the natural reaction is pull in your horns and to be very conservative,” notes Terry Spaeder. “We are fortunate that we are able to invest in our people through education and training. Slow economic times provide the opportunity for training, so when the market does recover, we are ready to hit the ground running.”

The Spaeder Company offers employees tuition reimbursement of up to 75 percent, for those wishing to pursue a college education to further their knowledge and skill sets at the firm. Even the company’s president is leading by example by pursuing a master’s degree in building construction through an online program at Purdue University.

In fact, future generations of the Spaeder family must now meet an educational requirement before they can become owners.

“Our current project managers and division managers are very skilled and it doesn’t make sense for us to take someone with limited potential and sit them at the table,” says Spaeder. “That is why we have raised our standards and challenge ourselves.”

The Spaeder Company has high standards for its work force as well. The firm regularly hosts ongoing training seminars through the Mechanical Contractors Association of America, as well as performance training and productivity classes to keep their employees current within their industry.

“When we ask our foremen to participate in training, they eagerly sign up. They want to compete with other foremen and they want to stay current,” says Spaeder.

“We partner with our employees,” adds Reber. “We won’t do well if we don’t have employees who really invest themselves in their work.”

Remembering Where They StartedThe Spaeder Company has come a long way since 1914 but the values and vision are still as relevant today as they were when William T. Spaeder founded the company out of his modest home.

Terry Spaeder believes his grandfather would be thrilled by the progress and achievements the firm has made over the years. “My own father is amazed by our growth. He was born in the ’30s. He experienced some tough economic times, and he is very excited about where we are going. I believe my grandfather would just be equally amazed and very proud.”

Reber says the current owners are indebted to their grandfather and the second generation of Spaeders for seeing to it that the business flourished, and allowing them to invest in the company for the next generation.

“We have a very rich history and very seasoned and dedicated owners and employees who are working hard to ensure the future success of this company, and we are here for the long term,” adds Reber. “We were born and raised in Erie, Pennsylvania and we will always reinvest in our community because this is our home and we believe in reinvesting in what works.”

With strong family and community ties — and a commitment to investing in the future — William T. Spaeder is truly a progressive company that hasn’t forgotten its past.

For more information about the William T. Spaeder Company, visit www.wmtspaeder.com.

The Spaeder Company has invested heavily in new technology, including Building Information Modeling (BIM) software for projects, such as the Erie Water Works Wasielewski Water Treatment Plant (shown here), and high-tech laser scanners (shown below) for virtual design and construction. The mechanical contracting firm is the first company in northwest Pennsylvania to utilize the technology.

12 < www.mbabizmag.com < November 2012

Page 17: November 2012 Business Magazine

Training That Develops

Effective Leaders

T R A I N I N G S C H E D U L E

As a leader in professional development and computer training programs for more than 20 years — the Manufacturer & Business Association’s expert trainers deliver the knowledge and skills you need to compete in today’s business world.

From left: Jennifer Nelson, graduate Pete Greene and Heather Evans, AirBorn, Inc.

“We have been using the Manufacturer & Business Association for our training needs for over 15 years and we have never been disappointed. We are very fortunate to have a local resource available to us that is ready to help us whenever our business demands change. We will continue to use the Association to help our company grow and stay competitive.”

— Heather EvansHR ManagerAirBorn, Inc.

Page 18: November 2012 Business Magazine

December JanuaryProfessional Development

Certified Supervisory Skills Series Course I (Warren) 1/24 and 1/31 Course II 1/3 and 1/10 Course III 1/31 and 2/7 Course IV 1/9 and 1/16 Course IV (St. Marys) 1/22 and 1/23 Course V 1/8 and 1/15 Course V (Meadville) 1/8 and 1/15 Price: $295 Members, $415 Nonmembers

Leadership for Team Leaders Course IV 1/17 Price: $175 Members, $310 Nonmembers

Food Safety Certification 1/21 Price: $145 Members, $250 Nonmembers

HR Essential Certification Series: Interviewing & Hiring 1/17 Price: $70 Members, $140 Nonmembers

ComputerAccess 2007/2010 Level I 1/15 Access 2007/2010 Level III 1/8 Excel 2007/2010 Level I 1/17 Excel 2007/2010 Level II 1/24 Word 2007/2010 Level II 1/10 Word 2007/2010 Level III 1/22 Price: $175 Members, $310 Nonmembers

e-Learning: Excel Advanced (10 a.m. - 11 a.m.) 1/23 e-Learning: Excel Basics (10 a.m. - 11 a.m.) 1/9 e-Learning: Excel Charts (2 p.m. - 3 p.m.) 1/16 e-Learning: Excel Intermediate (10 a.m. - 11 a.m.) 1/16 e-Learning: Office 2010 New Features (10 a.m. - 11 a.m.)1/21 e-Learning: PowerPoint Basics (10 a.m. - 11 a.m.) 1/14 e-Learning: PowerPoint Intermediate (2 p.m. - 3 p.m.) 1/23 e-Learning: Publisher (2 p.m. - 3 p.m.) 1/14 e-Learning: Windows 7 Basics (2 p.m. - 3 p.m.) 1/21 e-Learning: Word Advanced (2 p.m. - 3 p.m.) 1/9 Price: $75 Members, $150 Nonmembers

Professional DevelopmentCertified Supervisory Skills Series Course I 12/6 and 12/13 Course III (St. Marys) 12/18 and 12/19 Course IV 12/4 and 12/11 Course IV (Meadville) 12/4 and 12/11 Price: $295 Members, $415 Nonmembers

Leadership for Team Leaders Course III 12/20 Course V (Warren) 12/15 Price: $175 Members, $310 Nonmembers

ComputerAccess 2007/2010 Level I 12/6 Excel 2007/2010 Level I 12/4 Excel 2007/2010 Level II 12/11 Excel 2007/2010 Level III 12/18 Word 2007/2010 Level I 12/12 Price: $175 Members, $310 Nonmembers

Social Success: Six Steps to Conquering Social Media (Half Day) 12/5 Price: $99 Members, $155 Nonmembers

QuickBooks 2012 Level I 12/14 Price: $195 Members, $310 Nonmembers

Access 2007/2010 Level II (Two Days) 12/13 and 12/20 Price: $310 Members, $460 Nonmembers

e-Learning: Excel Basics (10 a.m. - 11 a.m.) 12/10 e-Learning: Excel PivotTables (10 a.m. - 11 a.m.) 12/19 e-Learning: PowerPoint Advanced (2 p.m. - 3 p.m.) 12/17 e-Learning: Word Basics (2 p.m. - 3 p.m.) 12/10 e-Learning: Word Mail Merge (10 a.m. - 11 a.m.) 12/17 e-Learning: Word Intermediate (2 p.m. - 3 p.m.) 12/19 Price: $75 Members, $150 Nonmembers

T R A I N I N G

“Shorty after joining the Manufacturer & Business Association, I learned of the HR Essential Certification Series. Knowing that our company was growing and there were aspects of Human Resources with which I needed guidance, I signed up for the series. Our instruc-tor was very familiar with both PA and federal laws. I enjoyed the fast-paced classes, which were packed with pertinent, up-to-date information and real-life scenarios from other local businesses. No matter what level of HR experience you have, you will find these classes very educational.”

— Tammy Ricci, Office Manager

Moody and Associates, Inc.

“After taking the HR Essential Certification Series at the MBA, I have found that all the information has become very useful in my everyday work environment. Our instructor did an excellent job presenting the information in a way that kept your attention and also taught you what you needed to know.”

— Dina Heile, Administrative Assistant

Intellectual Property Services

“Investing in management education for both new and seasoned leaders has not only influenced corporate success, but has contribut-ed to many successful career paths. The MBA-USA programs are high quality, accessible and affordable. That translates into great value.”

— Gary M. Maras, Chief Executive Officer

Medicor Associates Inc.

Page 19: November 2012 Business Magazine

FebruaryProfessional Development

Certified Supervisory Skills Series Course II (Warren) 2/14 and 2/21 Course IV 2/28 and 3/7 Course V 2/6 and 2/13 Course V (St. Marys) 2/12 and 2/13 Price: $295 Members, $415 Nonmembers

Leadership for Team Leaders Course V 2/7 Price: $175 Members, $310 Nonmembers

Food Safety Certification 2/18 Price: $145 Members, $250 Nonmembers

Lean Operations: Champion Training (Three-Day Workshop) 2/11, 3/11 and 4/19 Price: $950 Member, $1,350 Nonmember (includes lunch)

Six Sigma-Green Belt: Certification & Implementation (Three-Day Workshop) 2/14, 3/14 and 3/8 Price: $950 Member, $1,350 Nonmember (includes lunch)

HR Essential Certification Series: Compensation & Benefits 2/21 Price: $70 Members, $140 Nonmembers

ComputerExcel 2007/2010 Level I 2/5 Excel 2007/2010 Level II 2/12 Excel 2007/2010 Level III 2/19 Price: $175 Members, $310 Nonmembers

QuickBooks 2012 Level I 2/15 Price: $195 Members, $310 Nonmembers

Access 2007/2010 Level II (Two Days) 2/7 and 2/14 Price: $310 Members, $460 Nonmembers

e-Learning: Excel Basics (10 a.m. - 11 a.m.) 2/6 e-Learning: Excel PivotTables (2 p.m. - 3 p.m.) 2/6 e-Learning: PowerPoint Advanced (2 p.m. - 3 p.m. ) 2/13 e-Learning: Word Basics (10 a.m. - 11 a.m.) 2/13 e-Learning: Word Mail Merge (2 p.m. - 3 p.m.) 2/20 e-Learning: Word Intermediate (10 a.m. - 11 a.m.) 2/20 Price: $75 Members, $150 Nonmembers

TrainingRegional Locations

All courses are held at the MBA Conference Center in Erie, unless otherwise noted.Erie: MBA Conference Center 2171 West 38th Street

Butler: Fairfield Inn Route 8 at Route 422

Corry: Corry Higher Ed Council 221 North Center Street

DuBois: Best Western Plus Inn & Conference Center 82 N. Park Place

Franklin: Franklin Industrial & Commercial Development Authority 191 Howard Street

Grove City: Hampton Inn 4 Holiday Blvd., Mercer

Kittanning: Armstrong Educational Trust 81 Glade Drive

Meadville: Holiday Inn Express Route 322

St. Marys: Community Education Council 4 Erie Avenue, Suite 200

Warren: Warren/Forest Higher Education Council Curwen Building, 2nd Floor 185 Hospital Drive

Williamsport: MBA Central Division Office 2401 Reach Road

Onsite TrainingGet more flexibility and convenience with our onsite training options.

Join the hundreds of companies who’ve found our onsite training options to be the most cost-effective and convenient choice for group instruction.

• Flexible and convenient scheduling • Customized instruction • Eliminate travel expenses

Whether you need a half day or full day of professional development or computer training — let our expert trainers come to you!

Course RegistrationContact Ann Miaczynski at 814/833-3200, 800/815-2660 or [email protected] to register or for more information on upcoming courses. Online registration also is available at www.mbausa.org.

S C H E D U L E

“Environmental Reclamation Services takes pride in the continued education of our employees. In seeking out a program that clearly defines the expectations we have for our supervisors, we looked no further than the Manufacturer & Business Association in Erie, Pa. Their leadership seminars identify and sharpen the skills necessary to produce qualified supervisors while fine-tuning the natural abilities our employees bring to the table.”

— Bridget Trojanowski, Human Resource Manager

Environmental Reclamation Services

Page 20: November 2012 Business Magazine

Howyouneedit. Whenyouneedit. Whereyouneedit.Considered a leader in professional development and computer training for more than 20 years, the Manufacturer & Business Association offers you the ease and flexibility of onsite training for groups of six or more employees.

ONSITE TRAINING

OnsiteConvenience:Nothing beats the convenience of training conducted at your facility. Let our expert instructors bring the training you need, when you need it, where you need it.

CustomizedPrograms: From full-day to half-day programs, all of our courses can be tailored to address your organization’s specific needs.

FocusedInteraction: Facilitated by our training specialists, your employees’ experience is further enhanced through group discussion on key topic areas specific to your company’s work environment.

Call Ann Miaczynski for more information about onsite training programs at 800/815-2660 or 814/833-3200, or visit www.mbausa.org.

PROFESSIONALDEVELOPMENT

Supervisory Skills

Leadership for Team Leaders

Customer Service

One-Day Food Safety Certification

And much more!

COMPUTERTRAINING

Word Levels I, II, III

Excel Levels I, II, III

Access Levels I, II, III

Outlook

And much more!

Page 21: November 2012 Business Magazine

Depending on one customer or industry segment for your company’s success is risky business.

Are you putting all your eggs in one basket

You know us as the resource for manufacturers who want to go lean with their processes.

But, the NW Industrial Resource Center also offers our clients “Best in Class” Business Growth Services such as:

Call today at 814-898-6893. We’ll show you how to target, attract, and win new customers.

We manufacture success.

• Sales generation• Succession planning• Export services

• New market identification• New product & process development• Strategic planning

?

.

For more information, contact:Erin Heath, 814-590-1219 • Cameron, Clairion, Clearfield, Elk, Jefferson, McKean & Potter CountiesSusan Hileman, 814-572-2077 • Crawford, Forest, Mercer & Venango CountiesGerry Schneggenberger, 814-898-6891 • Erie & Warren Counties

www.nwirc.org

Page 22: November 2012 Business Magazine

Certified Public AccountantsThe McGladrey Alliance is a premier a liation of independent accounting and consulting � rms. The McGladrey Alliance member � rms maintain their name, autonomy and independence and are responsible for their own client fee arrangements, delivery of services and maintenance of client relationships. The McGladrey Alliance is a business of RSM McGladrey, Inc., a leading professional services � rm providing tax and consulting services. McGladrey is the brand under which RSM McGladrey, Inc. and McGladrey & Pullen, LLP serve clients’ business needs. McGladrey, the McGladrey logo and the McGladrey Alliance signatures are used under license by RSM McGladrey, Inc. and McGladrey & Pullen, LLP.

www.skmco.comCertified Public Accountantswww.skmco.com

Offices:Erie, PA1001 State Street, Suite 1300Erie, Pennsylvania 16501814-454-1997

Jamestown, NY500 Pine Street, Suite 14Jamestown, NY 14701716-483-0071

DuBois, PA351 Aviation WayReynoldsville, PA 15851814-375-2700

Visit our NEW website to learn more.

If you are our client, we thank you.

We thank you for recognizing quality service and quality work from a team of specialists. At Schaffner, Knight, Minnaugh & Company, P.C., we thank you for letting us help you do what you do best — successfully manage your facility and run your business.

Even though November is the known for being the season of giving, you know that we give our best all year long.

If you want to experience superior service 365 days a year, call us. You will be thankful.

Schaffner, Knight, Minnaugh & Company, P.C. ... World Class Service for World Class Clients.

Certified Public Accountants

TIME OF THANKS.

Page 23: November 2012 Business Magazine

Problems frequently arise on construction projects leading to disputes among the owner, the architect, the general contractor, the subcontractor and/or the suppliers. When the disputes escalate to the point where they cannot be settled, one or more of the parties may bring a claim. Frequently, construction contracts provide a dispute resolution procedure that uses the American Arbitration Association’s (AAA) Construction Industry Arbitration Rules. If you have been involved in a construction project, you may have signed a contract that incorporates these rules and, as with any provision in a contract, it is important to know how these rules apply.

Procedural Tracks The AAA Construction Industry Arbitration Rules may govern the entire arbitration process. The rules provide four different procedural tracks: 1) regular; 2) fast; 3) document submission; and, 4) the complex construction dispute. Other than the document submission track, the amount in dispute determines which track applies.

The fast track applies to cases involving claims between two parties, and the disputed amount is less than $75,000. The regular track covers any claims between $75,000 and $1 million. The large complex construction track dispute rules govern claims of more than $1 million. The document submission track, however, provides for no hearing and a decision by a single arbitrator based only on the submission of relevant documents

and written argument. If the parties all agree, this track can be used for claims involving any dollar amount.

The fast track procedures are aimed at minimizing the time and cost involved in the case. The entire hearing process is completed in 45 days by expediting the arbitrator appointment process, limiting the amount of discovery, and providing for only a one-day hearing. Fast track rules require that an award decision will be made within 14 days after the hearing’s completion. If your dispute fits the requirements for a fast track proceeding, this approach can provide a relatively quick and inexpensive alternative to court-based litigation.

Large, Complex Construction Dispute ProceduresAt the other end of the spectrum are the large, complex construction dispute procedures that look very much like a traditional court case. These rules provide for the selection of a panel of arbitrators, provide them with broad authority to order and control discovery, and require a mandatory preliminary hearing with the arbitrators prior to conducting the actual fact hearing. The arbitrators usually make a written award decision, similar to a court opinion.

Regardless of the arbitration procedures that apply, there are a couple of key differences from standard court-based litigation worth noting. First is the limitation on the right to appeal the decision of the arbitrators. Absent a showing of fraud on the part of

the arbitrators, there is usually no right of appeal. The arbitration decision is final. Second, the parties typically share the arbitration cost. This includes a fee to the AAA to administer the arbitration, as well as the cost of the arbitrators. These costs can easily reach thousands of dollars, especially where a lengthy hearing is held.

Before you sign a contract with an arbitration clause calling for AAA arbitration under the Construction Industry Arbitration Rules, it is important to understand the applicable rules, which are available on the American Arbitration Association’s website, www.adr.org. An attorney or other professionals familiar with the AAA arbitration process can help you determine if it will be appropriate for your construction contract situation, or to assist you in cases to which the rules apply.

Jack Mehler is a partner with the law firm of MacDonald, Illig, Jones & Britton LLP, and the solicitor to the Builders Association of North-west Pennsylvania. He can be reached at 814/870-7757 or email [email protected].

Legal BriefGain a Better Understanding of the Arbitration Rules in Construction Disputes

EDITORIAL > By John J. Mehler

November 2012 > www.mbabizmag.com > 15

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HR ConnectionWORKPLACE SAFETY SHOWS STEADY IMPROVEMENTThe American workplace is getting a lot safer, with far fewer work-related deaths than there were just a decade ago, according to a new report by CNN.com.In 2011, 4,609 people died as a result of a work-related accident, accord-ing to the Bureau of Labor Statistics’ annual report on workplace fatalities. That’s down 1.7 percent from 2010, when 4,690 people died on the job and 22 percent from 2001 when 5,915 were killed in work- related accidents.Research shows that workplace fatali-ties have been falling nearly every year since 1994, when they totaled 6,632.According to the report, the decline is largely due to a commitment by employers, industry organizations and workers to improve safety in the

workplace. Additionally, rules and regulations put in place by the Occupational Safety and Health Administration have become more clear and concise.

NEW SURVEY: MOST EMPLOYERS FALL SHORT WHEN MANAGING TALENTAs an unsteady economy forces businesses to do more with less, only one-third of organizations manage their talent effectively, according to a survey by the Korn/Ferry Institute, the research arm of executive search firm Korn/Ferry International.According to the survey, three-quarters of the respondents felt their organizations lacked the appropri-ate levels of budget, staff, and skills necessary to manage their talent effectively. Further, only 29 percent of respondents said their organizations have the technology to integrate their talent data.

“It’s clear that organizations have more work to do in the way they manage talent, said Ilene Gochman, leader of integrated talent manage-ment at Korn/Ferry. “Companies must invest in resources to support talent management and to differentiate tal-ent based on well-defined measures of potential and performance. The good news, though, is that most or-ganizations already have the founda-tional basics in place.”According to the survey, 60 percent of organizations polled have created and implemented clear talent strategies, while fully 71 percent have core com-petency models in place that articulate and illustrate the skills and traits most valued by these organizations. Despite such widespread adoption, only 53 percent say that their companies apply their core competency models across the talent-management spectrum in hiring, evaluating, developing and promoting employees.

BBENEFITENEFIT CCONSULTANTSONSULTANTS, I, INCNC. .

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We Specialize In: Group Products

Health Insurance Life Disability Vision Dental Voluntary Programs 401k & Pension Planning

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Health Reimbursement Arrangement Flexible Spending Accounts Health Savings Accounts COBRA & Mini-COBRA HIPAA MyWave® Employee Benefit Statements Premium Only Plans W-2 Reporting Payroll Services WRAP Summary Plan Descriptions

For more information or to obtain a quote Call 800-854-4099 or e-mail [email protected]

16 < www.mbabizmag.com < November 2012

Page 25: November 2012 Business Magazine

Dan Monaghan is the director of Training at the Manufacturer & Business Association.

DEPARTMENTS > Contact: Stacey Bruce

Unsafe working conditions are easy to spot. Missing guards, frayed cords and failing to wear protective equip-ment are easily seen and corrected.

However, spotting a troubled, potentially violent employee can be more difficult to spot — with tragic consequences.

Workplace violence is violence or the threat of violence against workers. It can occur at or outside the work-place and can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. However it manifests itself, workplace violence is a growing concern for employers and employees nationwide.

Approximately 2 million American workers are victims of workplace violence each year. Workplace violence can strike anywhere, and no one is immune. Some workers, however, are

at increased risk. Among them are workers who exchange money with the public; deliver passengers, goods, or services; or work alone or in small groups, during late night or early morning hours, in high-crime areas, or in community settings and homes where they have extensive contact with the public.

The best protection employers can offer is to establish a zero-tolerance policy toward workplace violence against or by their employees. The employer should establish a work-place violence prevention program or incorporate the information into an existing accident prevention program, employee handbook, or manual of standard operating procedures. It is critical to ensure that all employees know the policy and understand that all claims of workplace violence will be investigated and remedied promptly.

Our employees have an expectation that we will create and maintain a safe working environment. Let’s all commit today to meet those expectations.

With more than 15,000 participants trained, the Manufacturer & Business Association is the leading resource for professional development and computer training in the area. For more information, visit www.mbausa.org.

Zero-Tolerance Policy is Best Protection Against Workplace Violence

Contractors & Construction Managers Since 1906

Erie, Pennsylvania • Jamestown, New Yorkwww.eeaustin.com

Every day E.E. Austin lays its tradition of construction excellence on the line. Our extensive list of satisfied clients is testimony to Austin keeping its longstanding

promise: “Do the right thing... all the time”.

It’s a promise we’ve kept with pride for more than a century... and it’s our promise to you.

Austin

MBAAds3_Layout 1 5/3/12 3:10 PM Page 3

November 2012 > www.mbabizmag.com > 17

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State House Open Seat

Occupation Business Development Attorney

Website www.pastaterep.com www.votejasonowen.com

What do you see as the greatest challenge to the business community?

After meeting with multiple business owners throughout the county and listening to their major concerns, I’ve noticed two challenges the business commu-nity faces — the lack of a skilled and educated work force that matches the operating needs of their organization, and the difficult climate for existing busi-nesses to grow and for entrepre-neurs to start new industries in our area.

Pennsylvania’s noncompetitive business policies and cumber-some tax structure.

What will you do to solve the problem?

As state representative, I’d sup-port legislation that empowers Pennsylvania students, connects entrepreneurs and small business-es to proper resources, and de-velops partnerships to strengthen our work force. We must restore funding to education, invest in vocational training and create more incentives — like the recent LORD Corporation decision — to retain existing businesses and to spur economic growth. Penn-sylvania students need tools to prepare for a competitive global marketplace, and businesses need a climate that encourages growth and attracts new industries to invest in our communities.

I will lead by example to refine and streamline our state govern-ment process to make us more competitive to grow our busi-nesses in Pennsylvania. We need strong, independent leadership to fight for policies that will support our businesses. I will fight to:

• Continue the phase-out of the state Capital Stock and Franchise Tax

• Reduce the Corporate Net Income Tax

• Remove the cap on carry for-ward of net operating losses

Janet Anderson – R

OntheHillPennsylvania State Senate and State HouseOn November 6, Erie County voters will decide who will fill the seats of two retiring legislators, State Senator Jane Earll (R) and State Representative John Hornaman (D). The Association’s Government Affairs Department recently sat down to learn more about the open-seat candidates (below) and their responses to two critical questions.

Sean Wiley – D

State Senate Open Seat

Occupation Director of Administration Economic Development

Website www.votewiley.com www.voteforjanet.com

What do you see as the greatest challenge to the business community?

We need to create opportunities to keep sustainable jobs here and to help attract and retain more business in our area. In order for those jobs to be sustainable, we must invest in a skilled and pro-spective work force to meet the current and future employment needs of business and industry.

The greatest challenge to the business community is the pres-sure of a global economy. Global competition is real for all types of businesses and local economies. Pennsylvania makes it difficult for businesses to be successful by over taxing and regulating be-yond other states and countries. Competition is fierce and every additional perceived or real cost reduces Pennsylvania’s opportu-nity to increase employment.

What will you do to solve the problem?

Public policies, programs, incentives, and investments by themselves do not necessarily create economic success at the community level. It is the private component of the partnership that creates jobs. I believe that the public sector should provide support to private enterprise in order to ensure the economic success of the region. It is the public side of the public/private partnership that cultivates a business policy environment that enables these companies to grow, prosper and create wealth in the Erie region. We can address these important issues with a “Made in PA” tax incentive and with re-training programs to provide the necessary work force.

I will work with both parties to fight for a business friendly climate. This includes changes to business taxes (elimination of the Capital Stock and Franchise Tax, reduction of the Corporate Net Income Tax, Removing the Cap on the Net Operating Loss); reduc-ing the impact of regulations on employers; and making sure education funding is available to provide a work force for now and the future.

Occupation Director of Administration Economic Development

Website www.votewiley.com www.voteforjanet.com

What do you see as the greatest challenge to the business community?

We need to create opportunities to keep sustainable jobs here and to help attract and retain more business in our area. In order for those jobs to be sustainable, we must invest in a skilled and pro-spective work force to meet the current and future employment needs of business and industry.

The greatest challenge to the business community is the pres-sure of a global economy. Global competition is real for all types of businesses and local economies. Pennsylvania makes it difficult for businesses to be successful by over taxing and regulating be-yond other states and countries. Competition is fierce and every additional perceived or real cost reduces Pennsylvania’s opportu-nity to increase employment.

What will you do to solve the problem?

Public policies, programs, incentives, and investments by themselves do not necessarily create economic success at the community level. It is the private component of the partnership that creates jobs. I believe that the public sector should provide support to private enterprise in order to ensure the economic success of the region. It is the public side of the public/private partnership that cultivates a business policy environment that enables these companies to grow, prosper and create wealth in the Erie region. We can address these important issues with a “Made in PA” tax incentive and with re-training programs to provide the necessary work force.

I will work with both parties to fight for a business friendly climate. This includes changes to business taxes (elimination of the Capital Stock and Franchise Tax, reduction of the Corporate Net Income Tax, Removing the Cap on the Net Operating Loss); reduc-ing the impact of regulations on employers; and making sure education funding is available to provide a work force for now and the future.

18 < www.mbabizmag.com < November 2012

Page 27: November 2012 Business Magazine

Statewide Offices In Pennsylvania, there are also three statewide offices, officially called “row offices,” which will be on the ballot. Candidates for Attorney General, Auditor General and Treasurer are vying for your votes. The offices of Attorney General and Auditor General are open seats.

There will be an open race for Pennsylvania’s “top cop” in 2012. Incumbent Pennsylvania Attorney General Linda Kelly agreed not to seek election to the office when she was nominated to fill the unexpired term of Governor Tom Corbett. No Democrat has won the post since the Constitution was amended to allow for the popular election of an Attorney General, beginning in 1980. The candidates are:

Kathleen Granahan Kane – DAssistant District Attorneywww.kathleengkane.com

David Freed – RDistrict Attorney

www.davidfreedforag.com

Incumbent Auditor General Jack Wagner is term-limited and so this will be an open-seat race. The position of Auditor General has been an elected post since 1850. Seven of the past eight Auditor Generals, including the incumbent, have been Democrats. The candidates are:

Eugene DePasquale – DPennsylvania State Legislator

www.eugene4pa.com

John Maher – R Legislator

www.cpaforpa.com

The Pennsylvania Treasurer is responsible for tracking the Commonwealth’s $120-billion public funds, and administering the 529 College Savings Program and the Bureau of Unclaimed Property. The Treasurer, which first became a public office in 1704, serves a maximum of two four-year terms. The candidates are:

Robert McCord – DIncumbent

www.robmccord.com

Diana Irey Vaughan – RWashington County

Commissionerwww.friendswithdiana.com

Jason Owen – R

Jason Owen – R Ryan Bizzarro – D

Occupation Business Development Attorney

Website www.pastaterep.com www.votejasonowen.com

What do you see as the greatest challenge to the business community?

After meeting with multiple business owners throughout the county and listening to their major concerns, I’ve noticed two challenges the business commu-nity faces — the lack of a skilled and educated work force that matches the operating needs of their organization, and the difficult climate for existing busi-nesses to grow and for entrepre-neurs to start new industries in our area.

Pennsylvania’s noncompetitive business policies and cumber-some tax structure.

What will you do to solve the problem?

As state representative, I’d sup-port legislation that empowers Pennsylvania students, connects entrepreneurs and small business-es to proper resources, and de-velops partnerships to strengthen our work force. We must restore funding to education, invest in vocational training and create more incentives — like the recent LORD Corporation decision — to retain existing businesses and to spur economic growth. Penn-sylvania students need tools to prepare for a competitive global marketplace, and businesses need a climate that encourages growth and attracts new industries to invest in our communities.

I will lead by example to refine and streamline our state govern-ment process to make us more competitive to grow our busi-nesses in Pennsylvania. We need strong, independent leadership to fight for policies that will support our businesses. I will fight to:

• Continue the phase-out of the state Capital Stock and Franchise Tax

• Reduce the Corporate Net Income Tax

• Remove the cap on carry for-ward of net operating losses

DEPARTMENTS > Contact: Lori Joint

Need More Information on Candidates and the Election?Download the MBA 2012 Voter Toolkit for free at the MBA Government Affairs website, www.mba-ga.org. Read it, pass it along to your friends, family and employees, and help educate yourself and your contacts!

November 2012 > www.mbabizmag.com > 19

Page 28: November 2012 Business Magazine

AS THE HOLIDAY SEASON FAST APPROACHES, MANY EMPLOY-ERS ARE CONSIDERING OP-TIONS FOR END OF THE YEAR GIFTS/BONUSES FOR EMPLOY-EES. HERE ARE A FEW QUES-TIONS AND ANSWERS ADDRESSING THIS ISSUE.

I WANT TO GIVE MY EMPLOY-EES GIFT CARDS FOR AN END OF THE YEAR GIFT. ARE THERE ANY TAX CONSEQUENCES FOR THEM OR ME?Publication 15-B, the Internal Revenue Services (IRS) specifically states: “Cash and cash equivalent fringe benefits (for example, use of gift card, charge card, or credit card), no matter how little, are never excludable as a de minimis benefit, except for occasional meal money or transportation fare.”Unfortunately, this means that the IRS

looks at gift cards the same as cash and they are taxable for you and your employee. Therefore, gift cards, no matter the value, must be considered part of the employees’ income and will be subject to payroll taxes. Some employers work with their payroll specialists to make sure employees receive the full benefit of holiday bonuses or gifts by making sure the check is for the bonus, plus any taxes.

I WANT TO GIVE MY EMPLOYEES A HAM FOR THE HOLIDAYS. WILL THIS BE A PROBLEM WITH THE IRS?You are in luck. The IRS considers gifts such as fruit baskets, hams or turkeys and small electronics as “de-minimis” gifts and, as such, are not subject to taxes. Whether an item or service is de minimis depends on all the facts and circumstances. In

addition, if a benefit is too large to be considered de minimis, the entire value of the benefit is tax-able to the employee, not just the excess over a designated de minimis amount. The IRS has ruled previously in a particular case that items with a value exceeding $100 could not be considered de minimis, even under unusual circumstances.

HAVE A LEGAL QUESTION? GET ANSWERS!We know that urgent employment issues can arise at a moment’s notice. As a Manufacturer & Business Association member, you can call our certified HR specialists and labor and employment law attorneys any time for counsel on a broad range of workplace-related issues, at no charge. Call our Legal Hotline today at 800/815-2660 or 814/833-3200.

Legal Q&A

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Page 29: November 2012 Business Magazine

This past summer the Supreme Court concluded its 2011-2012 term with one of the most important decisions issued in its history on the health-care reform law.

While some employers are still try-ing to wrap their heads around the health-care decision upholding the Affordable Care Act, employers also should pay attention to the Court’s docket this fall. The 2012-2013 term that began just weeks ago will include a handful of labor and employment cases that are likely to have a direct impact on employers. Here is a short description of some of these important cases:

Title VII (Vance v. Ball State Univer-sity) — This case will determine who is a “supervisor” under Title VII. The Court will decide whether an em-ployer can be held vicariously liable

for workplace harassment by super-visors who oversee other employees’ daily work but lack the authority to hire and fire demote, promote, transfer or discipline them.

Class Certification (Comcast Corp. v. Behrend) — This case will decide whether a class action can be certi-fied without determining whether the plaintiffs have introduced suf-ficient evidence to show that the litigation may result in damages to the entire class of plaintiffs.

FLSA (Genesis Healthcare Corp. v. Symczyk) — This case will decide whether a Fair Labor Standards Act (FLSA) class action becomes moot when the employer offers to satisfy all of the claims of the lead plaintiff.

While we await the Court’s decision on these issues and other employ-ment-related cases, employers

should continue putting policies into practice to help prevent workplace harassment.

The Manufacturer & Business Associa-tion will continue to keep you posted on any developments and changes to the law that may occur.

The Association’s Legal Services Division can assist you with a variety of employment law issues. Please contact me at 814/833-3200, 800/815-2660 or [email protected] for more information.

2012-2013 Supreme Court SessionLikely to Have Direct Impact on Employers

DEPARTMENTS > Contact: Tammy Lamary

Tammy Lamary is Labor & Employment Counsel for the Manufacturer & Business Association’s Legal Services Division.

November 2012 > www.mbabizmag.com > 21

Page 30: November 2012 Business Magazine

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Page 31: November 2012 Business Magazine

Make a list. Check it twice.Forget the naughty, invite the nice.Whether you’re planning an intimate celebration with business associates or a fun ’n festive gathering with family, friends or co-workers – we’ll make sure the holiday spirit is on full display.

So get ready to party, you’ve come to the right place!

Visit www.mbausa.org or call Norm Zymm at 814/833-3200 or 800/815-2660 to book your holiday gathering today.

November 2012 > www.mbabizmag.com > 23

Page 32: November 2012 Business Magazine

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DEPARTMENTS > Contact: Karen Torres

AG AEGIS COMPANY, INC. HIRES SAFETY PROGRAM MANAGERAG Aegis Com-pany, Inc., an environmental, health and safety consulting firm in Corry, Pennsylvania recently hired Deano Trott as its new safety program manager.

Trott, who is a retired Senior Master Sergeant — Independent Medic of 22 years from the U.S. Air Force, will be responsible for managing and growing Aegis Company’s safety business.

Before joining Aegis, Trott was the regional safety manager for H.T. Lyons, where he was responsible for construction worker safety.

He also holds a bachelor’s degree in safety and environmental management from Slippery Rock University of Pennsylvania.

CRN MAGAZINE RECOGNIZES ERIE BUSINESSWOMANFor the second year in a row, Erie-based entrepreneur Beth Burnside has made CRN Magazine’s annual “Women of the Channel” list, the most prominent and prestigious roster of women in the technology channel.

Owner and CEO of CMIT Solutions of Erie, Burnside opened her business in 2007 and provides IT management, computer support, and IT consulting to small and medium-size businesses in the Erie area. Burnside conducts workshops for various professional and trade groups in the Erie area on a variety of tech-related topics and is an advocate for women in business through her active participation in the ATHENA PowerLink program.

CRN, a trade publication for the technology industry, published the 208-member list in its July issue. The

magazine has published the “Women of the Channel” list for the last nine years to honor female IT executives’ success in generating revenue for their businesses and building a good reputation for the channel. The 2012 list also included tech luminaries from companies such as Microsoft, Intel and Google.

DECISION ASSOCIATES ADDS ORGANIZATIONAL DEVELOPMENT CONSULTANTMike Towner has joined Decision Associates to lead the organizational development practice of the local consulting firm.

Towner has 26 years of leadership, management and operational experience and has held a variety of positions in the electronics, machining and plastics industries. He will utilize his diverse experience in operational and executive management to help clients develop and execute strategic plans, pursue organizational development geared toward performance improvement and conduct executive searches.

After graduating from Indiana University in Bloomington with a bachelor’s degree in marketing and a concentration in psychology, Towner served seven years as an officer in the U.S. Navy. He was most recently president of AccuSpec Electronics in Erie.

HILL, BARTH & KING LLC RE-ELECTS CEOHill, Barth & King LLC (HbK), Certified Public Accountants and Business Consultants announced that Chris-topher M. Allegretti, CPA has been re-elect-ed as the firm’s managing principal and chief executive officer. Allegretti serves as chairman of HBKS Wealth

Advisors and also has been re-elected to another four-year term on HbK’s Executive Committee.

Allegretti received his bachelor degree in accounting from Edinboro Univer-sity. He is a member of many profes-sional associations, including the American Institute of Certified Public Accountants, where he also received a Certificate of Achievement in Personal Financial Planning, the Pennsylvania Institute of Certified Public Accoun-tants, and the Ohio Society of Certi-fied Public Accountants.

ATHENA INTERNATIONAL ELECTS BOARD MEMBERS, OFFICERS ATHENA International™, an organiza-tion that honors, supports and devel-ops women leaders, has announced the election of new officers and board members, including two from Erie, Pennsylvania:

Elected to a one-year term on the executive committee is: Colleen Moore Mezler, presi-dent and CEO, Moore Research Services, Inc.

In addition, Linda Ste-venson, SVP/Women’s Business Development Program, PNC Bank-ing, will serve on the ATHENA Board.

MALIN BERGQUIST’S ELLIOTT RECEIVES CPA DESIGNATION Christopher Elliott, a staff accountant with Malin, Bergquist and Company, LLP, one of Erie’s largest certi-fied public accounting firms, has obtained his designation as a certified public accountant (CPA). He is a QuickBooks Pro Advisor and a member of Malin Bergquist’s closely held business advi-sors group. Elliott holds a bachelor of science in accounting from Penn State Erie, The Behrend College.

People Buzz

November 2012 > www.mbabizmag.com > 25

Page 34: November 2012 Business Magazine

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