July 2024 Spokesman by ABC Keystone

A Monthly Publication of ABC Keystone

ABC KEYSTONE LEADERSHIP

Michael

Brian

Ken

John

Anthony Leer

Patrick

Lee

Jan L.

MESSAGE FROM THE CHAIR

ABC Keystone is Thriving in 2024!

BY: JOHN LEHMANN

ABC Keystone is thriving in 2024, benefiting both our members and the industry at large. As we near the midpoint of the year, let's reflect on our accomplishments:

We are on record pace for bringing in new members.

Our inaugural Safety Summit was a huge success, sold out and highly valued by our members according to surveys.

ABC Keystone's board leadership participated in the national board meeting in DC, advocating for key legislative and ABC initiatives on behalf of our members.

Several ABC board members and staff attended the ABC LEGCON Conference, with some serving as liaisons on National Committees for Keystone members.

We are actively promoting legislation that supports the merit shop.

Our efforts against detrimental legislation include calls, letters to legislators, marketing campaigns, and active participation in meetings to voice our concerns.

Exciting preparations are underway for the Construction Technology Conference, October 22, 2024 (you won't want to miss it!)

And much more!

As Chair of the Board, it's crucial to keep our valued members informed. The ABC Staff, Board, Committees, and especially our President and CEO Dave Sload, work tirelessly on your behalf.

As we approach the second half of the year, including a pivotal election, rest assured that we are fully committed to delivering value. We understand the challenges faced by merit shop contractors and urge our valued members to stay engaged. Attend networking events, join committees, participate in political functions, and most importantly, exercise your right to vote and encourage others to do the same in November (this cannot be stressed enough!).

Together, with continued dedication, I am confident we will achieve great success!

FROM THE CEO/ PRESIDENT

Doesn’t the State Legislature Have Anything Better to Work On?

BY: G. DAVID SLOAD

July is the month of celebration, and we all take time out of our busy schedules to celebrate July 4th. For many, this is just another Federal holiday in which we get time off work, have picnics, and enjoy entertainment in the form of concerts and fireworks. Do all American citizens and those wishing to become US citizens really know what July 4th represents?

On July 4th, 1776, the Second Continental Congress adopted the Unanimous Declaration of the Thirteen United States of America, known as our Declaration of Independence, freeing us from the King of Great Britain and his tyranny over the 13 States. This would be the precursor to the Constitution of the United States and the amendments that would follow over the next 248 years.

You may ask, “Why the history lesson?” The older I get, the more I realize we have lost focus on where we started and worry more on how we can tear it apart. History is, for some, viewed as the past and, therefore, not important. Our leaders in all three branches of Government have forgotten the basic tenets of our Constitution and have decided to rewrite it to suit their agenda. This is not what our founding fathers envisioned.

We are not supposed to be ruled by a King or Dictator. Under each new Administration, the power of the pen becomes even more toxic. The ability to write and impose executive orders when you disagree with Congress differs from how the Government was envisioned. This Administration is hell-bent on putting you

out of business. As a construction industry, we are continually under attack by executive orders. The following are just a few examples:

• Mandated PLAs (project labor agreements) of Federal projects and imposition of them on private developers that want to use Inflation Reduction Act tax credits.

• Expansion of Davis Bacon rules.

• Onerous OSHA walk-around rules.

• Creating an NLRB that rolls back regulations for 70 years.

These are just the tip of the iceberg that is put in place to sink you. While we see our freedoms being taken away, we still have a major one in our pockets—the freedom to vote. Unfortunately, many people don’t take advantage of that freedom and leave it up to a minority of the citizens to make the decisions for the majority. I remember my sixth-grade English teacher, an army vet who made us memorize everything from the Declaration of Independence to the Gettysburg Address, stating, “It is not just a right to vote but your duty as a citizen of this country to vote.”

If we continue to forgo this freedom, we may not be able to celebrate Independence Day in the future. While employers cannot tell employees how to vote, you can share the issues and encourage your employees to exercise their freedom. Your business and our country depend on it. You need to get into politics or risk losing your business. Happy Independence Day!

ADVOCACY UPDATE PENNSYLVANIA NEEDS TO MAKE CHANGES

BY: JIM WILLSHIER, DIRECTOR OF GOVERNMENT AFFAIRS

Recent reports on this blog highlight numerous instances of poor decision-making and regrettable actions by policymakers. Labor legislation across all government levels increasingly harms both the construction industry and taxpayers alike. Much of this legislation seems to create solutions for non-existent problems, driven by misconceptions from certain labor groups about our membership.

In late June, the Pennsylvania House of Representatives passed an expansion of prevailing wage (House Bill 2153), despite vigorous opposition from ABC Keystone and clear explanations of its impracticality and adverse policy impacts. The bill, akin to Senate Bill 841, aims to extend prevailing wage to all offsite prefabricated materials and prohibit flexible rates for properly classified employees who perform multiple tasks efficiently.

Alarmingly, 125 representatives supported this measure, including 22 Republicans. What's worse than disregarding merit shop contractors is the questionable track record of many of these legislators. A significant number also backed a statewide Responsible Contractor Ordinance (RCO) and, in some cases, a Project Labor Agreement (PLA) in Pittsburgh, which fortunately did not advance in the Senate. Details of those voting for HB 2153 are accessible on our blog.

These bills collectively signal a discouraging message: open shops are unwelcome in Pennsylvania, to the detriment of workers and taxpayers when these policies inevitably fail.

This situation demands change. Many legislators who supported these bills claim difficulty gauging local sentiment, suggesting they hear louder voices from labor groups than from merit shops. It's crucial they hear from all constituents now, despite these bills passing. They must understand how their decisions impact residents and businesses in their districts.

As Dr. Seuss wisely noted in The Lorax, "Unless someone like you cares a whole awful lot, nothing is going to get better. It's not." Without reaching out to legislators, both in Harrisburg and D.C., the situation will only deteriorate.

We urge you to visit our advocacy page to receive alerts before the next crucial vote, join our government affairs committee to influence better policy, or contact us to learn about our upcoming educational program on running for legislative office. Your involvement can make a significant difference in shaping a more constructive future for Pennsylvania.

Representatives voting for HB 2153 (Prevailing Wage Expansion)

Note: Keystone Chapter legislators are listed in bold.

Mike Cabell (Lackawanna, Luzerne, Wyoming) + statewide RCO (HB 1449)

Eric Davanzo (Westmoreland) + vote for PLA (SB 497) in December and statewide RCO (HB 1449) in October)

Joe Emerick (Northampton) + statewide RCO (HB 1449)

Jon Fritz (Susquehanna) + vote for PLA SB 497 in December and statewide RCO (HB 1449) in October)

Jim Gregory (Blair) + statewide RCO (HB 1449)

Joe Hogan (Bucks) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Barry Jozwiak (Berks) + and statewide RCO (HB 1449) in October

Aaron Kaufer (Luzerne) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Andrew Kuzma (Allegheny) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Shelby Labs (Bucks) + vote for PLA (SB 497 in December and statewide RCO (HB1449)

Abby Major (Armstrong) + and statewide RCO (HB 1449)

Kristin Marcell (Bucks) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Jim Marhsall (Beaver) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Tom Mehaffie (Dauphin) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Natalie Mihalek (Allegheny, Washington) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Tim O’Neal (Washington) + statewide RCO (HB 1449)

Jack Rader (Monroe) + statewide RCO (HB 1449)

Jim Rigby (Cambria) + statewide RCO (HB 1449)

Alec Ryncavage (Luzerne) + statewide RCO (HB 1449)

K.C. Tomlinson (Bucks) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Dane Watro (Schuylkill) + statewide RCO (1449)

Martina White (Philadelphia) + vote for PLA (SB 497) in December and statewide RCO (HB1449)

Build Your Team.

Grow and Develop Your Workforce with ABC Keystone

• Create your own workforce through formalized training.

• Increase productivity, safety & profits.

• Expand your workers' knowledge base.

• Bid work more competitively.

The construction industry is constantly evolving. To stay relevant, companies must continually grow their talent. ABC Keystone understands that making employee development a priority within a company culture ensures the team remains well-informed on industry trends, recent developments, and best practices. Contact us today to learn more today. ABCKEYSTONE.ORG

ASK AN ATTORNEY

BY: TOM DAVIES PARTNER | HARMON & DAVIES, P.C.

(717) 291-2236

Who is an Independent Contractor?

This is a critical question for construction industry employers and each reader probably has their own idea as to the proper answer. Unfortunately, it doesn’t matter much how you or I would answer this question, but it matters a great deal how the relevant legal authorities answer it. Since the passage of the Construction Workplace Classification Act in 2011 (Act 72) the Pennsylvania Department of Labor & Industry has been charged with enforcing the statutory definition found therein. As set forth in her April 2023 report titled Administration And Enforcement of the Construction Workplace Misclassification Act Acting L&I Secretary Nancy Walker stated:

Act 72 prohibits contractors from treating construction employees as independent contractors. The Act provides that for a worker to be deemed an independent contractor, the worker must:

1. Have a written contract to perform services

2. Be free from control or direction over the performance of work under contract.

3. Be customarily engaged in an independently established trade or business.

There are six factors that establish an independent trade or business:

1. Worker possesses his/her own essential tools and equipment.

2. Worker realizes profit or loss through services.

3. Worker has a proprietary interest in business through which services are performed.

4. Worker has a business location separate from the location where services are provided.

5. Worker previously performed similar services for others, holds himself/herself out to do work for others, and is free from direction or control of the contractor.

6. Worker maintains liability insurance of at least $50,000.

To meet the Act 72 requirements, you must have a written subcontract with each independent contractor. Also note that the prongs of both set of tests contain the word “and” which means that each element must be met. As Attorney General, Josh Shapiro vigorously enforced this statute, and it must be assumed that his administration will continue to do so. There are some pending legislative proposals that might tweak Act 72, but the important points will likely remain unchanged.

At the federal level, the National Labor Relations Board, in a decision issued on June 13, in The Atlanta Opera, Inc., the Board returned to the Obama era FedEx Home Delivery (2014) standard for determining independent contractor status under the National Labor Relations Act (the Act), and overruled the Trump Board’s more employer favorable ruling in SuperShuttle (2019). Also, although apparently delayed by the difficulty in confirming a new Secretary of Labor to replace Marty Walsh, the DOL will soon be publishing its own revisions to the tests for establishing independent contractor status.

As is apparent, the answer to the question “Who is an independent contractor?” continues to be one generating a lot of interest and construction industry employers face significant risks if they improperly classify workers as independent contractors rather than employees. Make sure you have written contracts with each independent contractor and that they meet all of the other tests set forth above. It is strongly recommended that you seek legal counsel if you have any doubts about your current practices.

THANK YOU SPONSORS! PRESENTING SPONSOR

BALL SPONSOR

SPONSOR

SAPPHIRE SPONSOR

2024 Verified STEP Participants

Allan Myers

Allied Mechanical & Electrical

Arthur Funk & Sons, Inc.

Benchmark Construction Co., Inc.

Brubaker, Inc.

C.M. High, Inc.

CB Construction Services, Inc.

CCS Building Group

CH+N Site Construction Inc.

CLARK, Inc.

CMC, Inc.

Commonwealth Fire Protection Co.

Conewago Enterprises, Inc.

Conewago Manufacturing, LLC

Conexus, Inc.

D.E. Gemmill, Inc.

DenTech Industrial

DeRock Electric Company

Detwiler Roofing

EG Stoltzfus Construction, LLC

Flyway Excavating, Inc.

Garrety Glass, Inc.

Glenn O. Hawbaker Inc.

H&S Industrial, A Viocity Company

Hayden Power Group

High Construction Company

Hursh Painting Co., Inc.

James Craft & Son, Inc.

Kessel Construction, Inc.

Keystruct Construction, A Viocity Company

Leer Electric, Inc.

Leonard S. Fiore, Inc.

LEW Site Construction LLC

M. Potteiger, Inc.

Martins Flooring

MVE Group

Paramount Contracting, Inc.

Pincus Elevator Company, Inc.

Poole Anderson Construction, LLC

Take the first STEP! Apply Today!

Verified as of July 2024

Quarry View Building Group

RSR Electric, A Viocity Company

Schlouch Incorporated

Silvertip, Inc.

Smucker Company

Speedwell Construction, Inc.

Stuebner, Inc.

Susquehanna Valley Construction Corp.

The Tri-M Group, LLC

The Tuckey Companies

The Witmer Group

United Rentals, Inc.

Vision Mechanical, Inc.

Wagman Construction, Inc.

Warfel Construction Company

Wenrich Painting, Inc.

White Rose Interiors, LLC

Wohlsen Construction Company

Zartman Construction, Inc.

Celebrate Summer with our Newest Members! Join ABC Keystone members and guests at our most popular mixers of the year!

Summer Mixer NV Summer Mixer AUGUST 6 AUGUST 15

4:00 pm: EL Hour 5:00 – 7:30 pm: Open to all 5:00 – 7:00 pm

NO COST TO ATTEND! YOUR VOICE MATTERS TO US.

Join us for an invitation to shape the future! As we embark on a new three-year plan starting January 2025, your leadership is crucial. Attend our Strategic Planning Sessions to contribute your insights and help guide the Chapter forward. Your input as a valued member will shape our priorities and drive new initiatives for the association. This meeting is no-cost to attend and open to all members!

Get an exclusive peek into Chapter operations!

• ABC National’s Monica Glowinsky and Keystone Chapter leaders will lead breakout sessions focusing on the Chapter’s strategic plan goals.

• Members, Chapter leadership, and staff will collaborate in discussions aimed at setting goals that ensure return on investment for members and advancement in the construction industry.

ABC Keystone 135 Shellyland Road Manheim, PA 17545

AGENDA

Wednesday, September 18, 2024

8:00 am – 4:00 pm

Continental Breakfast followed by session with lunch included. 4:30 pm – 5:30 pm Happy Hour

Thursday, September 19, 2024

10:00 am – 3:00 pm

Continental Breakfast followed by session with lunch.

Joining an ABC Keystone Committee requires just 1-2 hours per month, offering substantial returns:

• Gain valuable leadership experience

• Foster or strengthen business relationships

• Implement your ideas effectively

• Directly influence industry issues

Monica Glowinski Senior Director of Chapter Development, ABC National

Presented by:

OCTOBER 22, 2024

10:00 AM – 5:00 PM

Join us as we explore the latest trends and cutting-edge solutions that are redefining the construction industry.

Who Should Attend?

• Project Managers

• Technology Decision Makers/ IT

• Company Leadership

• Safety Leaders Keynote Speaker “How to Implement Technology”

- Maria Davidson CEO & Founder Kojo’s

ABC Keystone 135 Shellyland Road Manheim, PA 17545

35th Annual Excellence in Construction Awards

NOVEMBER 5, 2024

West Shore Country Club

Camp Hill, Pennsylvania

Power Your Presence: Advertise with Impact!

Promote your business to more than 300 ABC Members at the prestigious Excellence in Construction Awards. This premier event, hosted by ABC Keystone, unites industry leaders to celebrate outstanding achievements in building. Explore advertising opportunities within the EIC program to maximize your C.O.R.E. Credits and reach a targeted audience of key decision-makers in the construction industry.

Contact Rebecca Wolf at rebecca@abckeystone.org for more information.

MERIT SHOP PROUD

SAXTON & STUMP WELCOMES ATTORNEY AND SHAREHOLDER ROBERT PONTZ

Saxton & Stump is excited to announce that Robert W. Pontz has joined the firm as a shareholder and the chair of its Bankruptcy and Financial Restructuring Group and member of the Business and Corporate and Banking and Financial Services Groups working out of the firm’s Lancaster, Pennsylvania office. Pontz has over 35 years of experience as a corporate attorney working with banks and businesses on all aspects of creditors' rights, commercial lending and workout arrangements. He’s represented clients in hundreds of bankruptcy cases, including Chapter 7, 11, 12 and 13 designations, and has tried cases in federal and state courts.

Barry A. Solodky, the immediate past chair of the Saxton & Stump Bankruptcy and Financial Restructuring Group, remains with the firm and continues to serve clients and will collaborate closely with Bob to serve the firm's clients and grow this area of practice.

“Bob is a well respected and well known corporate attorney in central Pennsylvania and we are excited to welcome him to the firm” Saxton & Stump CEO James W. Saxton said. “Throughout his 35-year career, Bob has been one of the Lancaster area’s most highly regarded attorneys in the areas of bankruptcy. Having Bob join the firm, with Barry here to support through what will be a seamless transition, is a benefit to the clients of the group and the firm.”

“Saxton & Stump has spent the last decade growing into one of central Pennsylvania’s largest and most recognized full-service law firms,” Pontz said. “I’ve collaborated with many of the firm’s attorneys in cases and presentations and always respected their talent and experience. This is a great opportunity for me and my clients, who now have access to Saxton & Stump’s vast resources of attorneys and professionals.”

WAGMAN CONSTRUCTION, INC. RECEIVES DIAMOND EXCELLENCE IN CONSTRUCTION AWARD FROM ABC GREATER BALTIMORE

Wagman Construction, a proud member of ABC Greater Baltimore, is honored to announce that it has received a prestigious Diamond Excellence in Construction Award, the highest level of recognition. The Excellence in Construction Awards are presented to local member contractor firms for their outstanding work on projects. Wagman's Homewood at Frederick – The Lodge Expansion project was one of the 18 projects to receive the Diamond Award.

After completing The Lodge’s first phase in 2016, which included 85 apartments, communal areas, and amenities, Homewood Retirement Centers again partnered with Wagman Construction for the final phase expansion. This collaboration, spanning over 20 years and 50 projects, ensured a seamless and successful project delivery.

The Lodge Expansion added 73,000 square feet to the existing facility, providing 31 new apartments and additional parking on the lower level. The building features a combination of construction methods, including 16-foot-tall cast-in-place concrete walls for the foundation, structural steel, and slab-on-deck construction, topped by a four-story wood-framed structure with trusses reaching 78 feet above the finished floor.

The successful completion of the final phase of The Lodge stands as a testament to the partnership between Homewood Retirement Centers and Wagman Construction. Through collaboration, innovation, and effective communication, the team navigated unforeseen challenges and delivered a high-quality project on schedule.

WELCOME NEW MEMBERS

EA Roofing Co.

Ephraim Allgyer, Owner

2523 Shenck Road Manheim, PA 17545

www.earoofingco.com (585) 766-4747

eph@earoofingco.com

Sponsored By: Elmer Zook Quality Buildings, LLC

Garman Builders, Inc.

Rebecca Rupley, Director of Admin & HR 529 East Main Street Lititz, PA 17543

www.garmanbuilders.com (717) 297-7289

rebecca@garmanbuilders.com

J. Hubler Landscaping, Inc.

Jon Hubler, President 202 Ridgeview Road North Elizabethtown, PA 17022

www.jhubler.com (717) 367-6637

jon@jhubler.com

Sponsored By: Robb Beiler Wohlsen Construction Company

M&M Facility Services, LLC

Matthew Bobb, CEO 13 Miller Drive Douglassville, PA 19518 www.mmfacilityservice.com (210) 620-0225 matt@mmfacilityservices.com

Paradise Energy Solutions

Natalie Dickel, Apprenticeship Coordinator 3105 Lincoln Highway East Paradise, PA 17562

www.paradisesolarenergy.com (877) 851-9269

ndickel@paradiseenergysolutions.com

AJ Contracting, LLC

Jonathan Perez, Principal 570 Brookshire Drive Lancaster, PA 17601 (717) 405-7042 apjpcontracting@gmail.com

MILESTONE ANNIVERSARIES

Congratulations to these members celebrating milestone anniversaries in July 2024!

65 YEARS

J.C. Snavely & Sons, Inc.

25 YEARS

CORE Design Group

K.L. Tyndale, Inc.

15 YEARS

McNees Wallace & Nurick, LLC

10 YEARS

Tradesmen International

5 YEARS

Alleghany Industrial Insulation Co.

Glass Mender Mirror & Plate

Swirnow Building Systems Group

Keystone | Sept. 12, 2024

Flight One: 9:00 am

Flight Two: 1:00 pm

Central Penn Sporting Clays

75 Quarry Road

Wellsville, PA 17365

Nittany Valley | Oct. 10, 2024

Time: 1:00 pm - 4:30 pm

Shenecoy Sportsmen 5776 Shenecoy Road

Huntingdon, PA 16652

JULY

7/17

Bluebeam Courses: Material Takeoff & Estimates Basics

7/18 Executive Leader Contractor Peer Group

7/18 Adult First Aid/CPR/AED Certification

7/18 ABC Bluebeam Courses: Material Takeoff & Estimates Advanced

7/23 Mobile Elevating Work Platform (Aerial Lift) Training

7/23 ABC Bluebeam Courses: Bluebeam Revu for Administrative Professionals

7/24 Reading Construction Documents

AUGUST

DIAMOND SPONSOR SAPPHIRE SPONSOR

PREMIER SPONSORS

PLATINUM SPONSORS

GOLD SPONSORS

Acuity Advisors and CPAs, LLP

Aerotek

All Set Tile & Marble Co. Inc.

B & B Integrations

Barley Snyder

SILVER SPONSORS

Associated Products Services, Inc.

Brown Plus

Fulton Bank

D.E. Gemmill, Inc.

Leer Electric, Inc.

BRONZE SPONSORS

Commonwealth Fire Protection Co.

ECS Mid-Atlantic, LLC

Haller Enterprises

Remco Inc.

CB Construction Services, Inc.

EHD

Garrety Glass, Inc.

Hess Auctioneers, LLC

Horst Construction Co.

GR Mitchell, Inc.

Paramount Contracting, Inc.

R.A. Walton & Company, Inc.

The Witmer Group

Hursh Painting Co., Inc.

MVE Group

Martin’s Flooring

M. Potteiger, Inc.

Providence Engineering

RKL

Saul Ewing LLP

Smucker Company

Trout CPA

135 Shellyland Road Manheim, PA 17545

Sponsor an ABC Keystone event! Our major events provide resources and opportunities to learn, celebrate, engage, and grow throughout the year. This is a great way to advertise your company and expand your network.

SPONSORSHIP OPPORTUNITIES

Contact: Heather Mazur heather@abckeystone.org

UPCOMING EVENTS

8/6

Summer Outdoor Mixer

Presented by Saxton & Stump

NV Outdoor Mixer

Presenting Sponsorship Available

Clay Shoot

Presenting Sponsorship Available

Tailgate Party

Presenting Sponsorship Available

NV Clay Shoot

Presenting Sponsorship Available

Fall Construction Wars Sponsorships Available

Construction Technology Conference

Presented by Everound & Sage

Fall Regional Construction Wake-up Calls Sponsorships Available

35th Annual Excellence in Construction Awards Sponsorships Available