CHAPTER NEWS
Professional Leadership at all Levels
BuildingonSuccesswithNewOpportunitiesAhead
At our Board Strategic Retreat, we reaffirmed our commitment to fostering professional leadership at all levels, from the field to the executive suite. We’re proud to announce that we’ve successfully achieved three of our key goals for this initiative by partnering with experts in the industry:
Advanced Communication for the Field with MAREK: This focused program enhanced effective communication skills, empowering team members on the ground. It included role-playing with real-life situations, allowing participants to practice handling on-the-job scenarios and improving their problem-solving and interpersonal communication skills.
Dynamic Leader Forum: A 9-session series designed to introduce timetested tools that enhance managerial effectiveness both professionally and personally. The series focused on team leadership, communication, and decision-making, equipping participants with the critical skills needed to lead their teams with greater efficiency and confidence.
Intelligent Leadership with Ted Turner: A 5-session series designed for executive leadership, focusing on growing leaders, building cultures, and driving results. This program provided high-level insights on how to lead with purpose, build a strong organizational culture, and achieve impactful outcomes. A key element of this series was the emphasis on emotional intelligence, equipping executives with the ability to lead with empathy, self-awareness, and interpersonal skills. These tools are critical in not only managing teams effectively but also in driving strategic decisions and fostering a positive work environment.
We are excited to announce that these successful programs will continue into 2025, providing further opportunities for growth and development across our membership. In addition, we are excited to introduce a new collaboration with Retired Navy SEAL, Eric Lundquist. Together, we will explore the common challenges faced on projects and focus on developing programs centered around training, team building, communication, leadership, and culture, specifically designed to address the unique needs of our members. Each of these programs is designed to help you navigate challenges, cultivate stronger leadership skills, and create a culture of innovation and collaboration within your teams.
2 Message from the Chapter President
4 Apprenticeship Graduation
5 Metric & Scorecard Update
7 Letter from Board Chairman
8 Fall Golf Tournament
9 New Members
10 Legal Update
11 Safety Corner
12 Urgent Topics
Your vote matters! Register to vote by October 7th and make your voice heard in the upcoming elections. Together, we can support candidates who stand for free enterprise and fair competition. Click on the QR Code to register to Vote.
The ABC South Texas Chapter News is published by the South Texas Chapter, Associated Builders & Contractors (ABC). ABC is a national non-profit trade association of contractors, subcontractors, suppliers, and associates who share common interest in advancing the construction industry by aggressively supporting the merit shop philosophy. For advertising inquiries contact the chapter office at (210) 342-1992. Send comments or questions to 814 Arion Parkway, Suite 111, San Antonio, Texas 78216.
Graduates of Advanced Communication for the Field with MAREK
Graduates of Intelligent Leadership with Master Certified Coach, Ted Turner.
Message from the Chapter President
Michelle Seward Davis
As we move forward through the year, I want to highlight not only the optimism I have for our future but also the tangible results that demonstrate the strength of our chapter. The work we’ve put in, alongside our commitment to excellence, has truly set us apart, and I’m proud to share that we are gaining recognition on the national level amongst the 67 other chapters.
While we continue to hit the strategic goals we set during the Board Strategic Retreat (see page 5 for more details), our achievements are also being acknowledged across the nation. Key highlights include:
• Top 10% STEP Contractors
• Top 10% in Average PAC Contributions per Contractor Member
• Top 10% in Average FEA Contributions per Contractor Member
• Top 10% AQC Contractor Members
• Strong Membership Growth
• High Participation Rate: Among the top in the percentage of contractor members participating in STEP compared to the total number of STEP contractors by chapter.
These achievements are a testament to the commitment, dedication, and resolve of our members, committees, volunteers, Board of Directors, and staff. Your tireless efforts have made these results possible, and it’s through this shared vision that we are continuously adding value to our members and setting ourselves apart as a leading chapter in the industry.
As we continue to grow and improve, we remain steadfast in our mission to provide meaningful programs, develop strong leaders, and enhance both the personal and professional well-being of our members. Our success is driven by a commitment to not just meet expectations but to exceed them, and together we are making our chapter stronger every day.
I am incredibly grateful for your ongoing support and for being part of a chapter that leads with purpose and vision. Our collective efforts are shaping a brighter future, both locally and nationally, and I am excited for the opportunities that lie ahead.
Diamond Sponsors
Chapter Staff
Michelle Seward Davis President president@abcsouthtexas.org
Dana Stone Accounting bookkeeper@abcsouthtexas.org
Leah Villarreal Safety, Workforce, & Apprenticeship leah@abcsouthtexas.org
Mary Delaney Events & Membership events@abcsouthtexas.org
Chantel Wilmer Admin Assistant frontdesk@abcsouthtexas.org
Annual Sponsors
Platinum
AiRCO
Americrane
Central Builders
Central Electric
Lynwood
Milwaukee Gold
Alpha Building Corp
Dausin Electric
Gardner Law Firm
Harvey-Cleary
MK Marlow
SpawGlass
Silver American Interiors
Cokinos
Dewalt
San Antonio Masonry & Steel
Bronze
Beck Landfill / Dispose-all
Quarter Moon
RSM
Board
of Directors Upcoming Events, Q4
Executive Committee
Jason Harmon, Chairman VIA Transportation
Chris Martinez, 1st Vice Chair Central Electric
Mark Baublit, 2nd Vice Chair
Marksmen General Contractors
Matt Delgado, Treasurer MidFirst Bank
Drew Addison, Secretary Acrisure
Bob Kilgore, Chapter Attorney
Gardner Law Firm
Board of Directors
David Cupit, Contractor Marek Brothers Systems
Eddie McDuff, Contractor Flo-Aire Service, Inc.
Russel Harder, Contractor
Bartlett Cocke General Contractors
Chris Christians IV, Supplier Lynwood Building Materials
Joel Frederick, Contractor Quarter Moon Plumbing
Rusty Medlin, Contractor Joeris General Contractors
Jim Robertson, Supplier Americrane Rentals
Rob Huddleston, Contractor AiRCO Mechanical
Brent Hawley, Contractor TDIndustries
Jonathan Bradley, Contractor SpawGlass
Leland Rocchio, Industry Professional
Frio Construction Consulting
THURSDAY
October 10, 2024
Lunch & Learn: Surety Bonds & Current Industry Hurdles ABC Office, 11:30 AM
FRIDAY-SATURDAY
October 11-12, 2024
Fishing Tournament with Noble Charities
South Padre Island
WEDNESDAY
October 16, 2024
Development Services, CPS & SAWS Bimonthly Update ABC Office, 7:30 AM
FRIDAY
October 18, 2024
Dove Hunt Howell Crane Ranch, 11 AM
TUESDAY
October 29, 2024
Chili Cook-off Pickrell Park, 7-4PM
TUESDAY-THURSDAY
November 12-14, 2024
National Leadership Institute Scottsdale, Arizona
WEDNESDAY
November 13, 2024
Construction Career, Trades Day & Career Fair Freeman Coliseum, 9 AM
TUESDAY
November 19, 2024
Election Results Recap & Texas Legcon Priorities ABC Office, 8 AM
THURSDAY
November 21, 2024
Excellence in Construction Briscoe Museum, 5:15 PM
THURSDAY
December 5, 2024
National Legal Conference Virtual
FRIDAY
December 6, 2024
Construct a Kid’s Christmas Toy BurlingtonCollectionCoat Factory - 281 & Bitters
THURSDAY
December 5, 2024
National Legal Conference
WEDNESDAY
December 18, 2024
Development Services, CPS & SAWS Update ABC Office, 7:30 AM
Apprenticeship Graduation
On July 19th, we had the honor of celebrating the achievements of 17 Apprenticeship Graduates at this year’s Apprenticeship Graduation ceremony. These graduates represented skilled trades in Carpentry, Plumbing, and Sheet Metal, having successfully completed their four-year apprenticeship programs.
Their journey has been marked by hard work, dedication, and commitment, and we couldn’t be prouder of their accomplishments. As they transition into their careers as Journeymen, we are confident that their training and perseverance will serve them well in the next phase of their professional lives.
We would also like to extend a heartfelt thank you to the Instructors who have played such a vital role in the success of this program. Their dedication, time, and willingness to share their expertise have made a lasting impact on these graduates. The commitment shown by our instructors has not only equipped these apprentices with the skills needed for their trade, but has also helped shape them into the professionals they are today.
We wish our graduates the best of luck as they embark on this exciting new chapter, and we look forward to seeing the great things they will achieve in the years ahead.
Congratulations to our Apprenticeship Graduates, and a sincere thank you to our Instructors for their invaluable contributions!
STEP
√ Safety Committee completed 2 trainings
√ 40 Applications to date and Members are encouraged to participate through the end of the year.
COMMUNITY OUTREACH:
√ Construct a Kids Christmas: joined with trade organizations for December 6, 2024 event
√ High School Trades: 14 career fairs and presentations completed
√ WFD: outreach with Workforce Solutions Alamo, Teacher Bootcamp completed
√ ABC Student Chapters: A.C.E. presenting to the Board in April, Chapter sponsored UTSA Competition team, Chapter hosted TAMU team during working sessions, meetings scheduled with TAMU and completed with Texas State
PROGRAMS & COMMITTEES:
√ All existing committees have been reengaged and calendar of events/ meetings are scheduled for 2024
√ Board Liaisons: Assigned
√ Past Chairs: January 3 meeting and plans for future involvement
√ Committees continue to grow and expand
√ LOGIC & FLI are back and thriving with a calendar of events scheduled
EVENTS
√ Dynamic Speakers: Retired Navy Seal, Will Chesney, June 19th
√ TCCI: partnering with CEIF, ASA, AGC and other community partners
√ Add Value: continuous improvement of events and programs
√ STEP Awards will be part of EIC with a special presentation to highlight safety
The Metric and Scorecard was introduced to Membership at the January Board Installment Luncheon. Below is the Q1, Q2 & Q3 progress by category. Q3 progress is in bold.
COMMUNICATION:
√ Social Media: Weekly posts/ new followers
√ Updates: President is using social media, events and email to communicate regularly
√ Newsletter: How do you like it?
√ Membership drive and recognition
√ Website: Checkout the changes!
TRAINING:
√ Safety Topics & Training: full calendar
√ Professional Leadership graduation, July 10 and Senior Executive Sessions completed in August.
√ Field leadership: Communication class in May. Curriculum is being developed for teamwork and leadership.
√ Specialty topics:
Cybersecurity, February Artificial Unleashed, April 16 Joint LEAN session, April 19
Navigating a High Risk, Post Pandemic Market, May 15
Succession Planning, July 31
Legal & Regulatory, Aug 13
Human Wellness, Sept 5
Culture Index, Sept 12
Surety & Economic Update, Oct 10
√ LOGIC & FLI Education Topics to date: Leadership & Networking
√ See Page 13 for LOGIC & FLI
ADVOCACY:
√ ABC is reengaged with RGA, Business Coalition and establishing relationships with Alamo Colleges for Mentor Protegee and Workforce Solution Alamo
√ National LEGCON: June 25-26
√ Government Affairs program continues to be strong and has met with City Manager, City Council, Workforce Development, SAWS, CPS, SARA
√ Working with AGC, ASA and AIA to find common ground
√ AGC Joint Luncheon, DOL Survey Joint Luncheon April 1
MEMBERSHIP:
√ Annual retention ended at 95.7% based on revenue.
√ Membership Appreciation Q3
√ New Members thru Q3: 25 with 7 prospects completing the process
√ Anniversaries celebrated monthly
PAC:
√ $42,500 has been raised to date
√ FEA: $21,065
APPRENTICESHIP:
√ Enrollment is complete & 53 new Level 1 Students
√ Graduation dinner: July 19
Quarterly Recap
Continued on Pages 13-14
Letter from Board Chairman
Jason Harmon, Chairman
Some of our recent visits with Members
This quarter has been a dedicated period of member appreciation, but it’s important to emphasize that our commitment to supporting your company and team members extends throughout the entire year. Whether through programs, personal visits, or regular updates, we make it our priority to ensure you feel valued every step of the way. Recently, the Membership Committee, in partnership with the Board of Directors and our dedicated staff, has been delivering appreciation plaques and sharing both local, state and national updates during member visits. These moments of connection are just one of the many ways we work to keep everyone informed, engaged, and appreciated all twelve months of the year.
A key focus during this quarter has been on offering programs and training designed to enhance total human health, support talent development, and drive business growth. We’ve hosted specialized sessions aimed at improving member well-being, fostering professional development, and providing legal and regulatory insights that are crucial for staying competitive in today’s fast-changing business landscape. These initiatives are all part of our ongoing commitment to help your company grow and succeed.
At the core of everything we do are the relationships we’ve built with each of you. We take great pride in strengthening these bonds through meaningful engagement, open communication, and tailored support. As always, we are here to serve you and ensure you have the tools you need to thrive.
Thank you for your continued support and partnership. We look forward to seeing you and your team members at the numerous programs and events scheduled for the remaining quarter of 2024. A complete listing of events is on page 3 and schedule of committees and affinity groups listed on page 14. It’s never too late to get engaged!
Fall Golf Tournament
Olympia Hills - September 17, 2024
We are thrilled to report that this year’s Fall Golf Tournament was a resounding success! Thanks to the hard work and dedication of the Golf Committee, volunteers, and staff, the event was filled with excitement, camaraderie, and, of course, plenty of networking opportunities for all participants. A special thank you to Milwaukee, our Tournament Sponsor, as well as the numerous sponsors and exhibitors who contributed to making the day memorable. Your support helped ensure the tournament ran smoothly and provided a fantastic experience for everyone involved.
Committee and Volunteers:
Golf
Madison Mathews (Chair), Rusty Medlin (Board Liaison), Sara Stellges, Stephen Martin, Joel Cepeda, Tanner Loeffler, Lucinda Sullivan and Heather Osborn.
Women’s Longest Drive Bell Crisp
Men’s Longest Drive Cody Wagner
Men’s Closest to the Pin
Women’s Closest to the Pin Kirby Coasts
Benefits of Membership
• Access to ABC Insurance Trust: Health, Ancillary, Retirementregardless of company size
• Discounts: Tech, Members and Employees
• National Peer Groups
• Employee Development through Committee Involvement
• Peer to peer collaboration
• Exclusive networking events and programs - build your relationships
• STEP and Safety Training
• Apprenticeship Program & Professional Development for management & field
• Strong Advocacy: National, State and local level - always defending the Merit Shop Philosophy
• Industry Recognition: Accredited Quality Contractor, Top Performers, STEP Levels, Excellence in Construction
Welcome New & Returning Members
1 Stone Solutions
ACTCO Structures & Logistics
ADKF, PC
Axis Portable Air
Badger CPA
Bearcom
Bee Done Rentals
CM Constructors
Frankenmuth Surety
Gilbane Building Companies
H&E Equipment Services
Holes of San Antonio
JMS CPA, PLLC
JunkStart
L.K. Jordan & Associates
Mobile Air & Power Rentals
Monterrey Iron & Metal
National Trench Safety, LLC
NCE General Contractors, Inc.
Pro-Vigil, LLC
Rx Technology
SitePro Rentals
Texas Staffing Solutions
Ultimate LLC
White Rock Construction Services, LLC
Labor Law Update
Robert D. Kilgore, Special Counsel, Gardner Law Firm - Chapter Attorney
Union organizing is on the rise. There are many reasons for this. A younger generation of workers is enthusiastic about activism and social issues and sees unions as agents of transformational change to the company-worker dynamic. Approval ratings of unions have steadily increased over the last six years. Organizing activities have increased. And the powers that be at the Labor Board (“NLRB”) have been steadily revising how the National Labor Relations Act (“NLRA”) is interpreted.
Traditionally, unions collect authorization cards from employees and the union presents them to the NLRB to trigger a secret ballot election, which is supervised by an NLRB agent. A union can say or do almost anything to get an employee to sign an authorization card. The minimum showing of interest is a mere 30% of the collective bargaining unit. The election would typically occur six weeks or more after the union filed its election petition. This would give both the union and the company time to campaign and attempt to rally support.
One of the biggest changes to the law of organizing is a decision handed down last year by the NLRB called Cemex Construction Materials, 372 NLRB No. 130 (2023). Now, if a union has more than 50% of a company’s workers “signed up,” it can demand recognition from the employer. To preserve its secret ballot election rights, the company must file a petition
(within two weeks) for an election with the Labor Board. Failure of the company to file a petition will result in a union victory without an election. Also, if the company commits unfair labor practices (“ULPs”) during the electioneering period, the NLRB can issue a bargaining order, which means the union wins even if it loses the election. Some ULPs require intent by the company to violate the law. Other ULPs don’t require any unlawful intent—the acts, in and by themselves—are violations of the law.
Section 8 (c) of the NLRA says it is not a ULP for an employer to express any views, arguments or opinions so long as they contain no threat of reprisal or force or promise of benefit. In other words, you can express any opinion or make any statement so long as you don’t violate the TIPS rule.
What is the TIPS rule? You as an employer cannot Threaten, Interrogate, Promise Benefits, or Spy.
What’s the difference between a lawful expression of a view, argument, or opinion and an unlawful violation of the TIPS rule? A recent NLRB case, Starbucks Corp., JD(SF)-30-23 (10-06-2023) is illustrative. Starbucks has been the subject of a national organizing campaign. The founder and interim CEO of Starbucks, Howard Schultz, participated in a “collaboration session” for a cluster of Long Beach (California) stores that was part of a national “listening tour.” During the collaboration session, employees made statements favoring unionization of its stores; in response, Mr. Schultz told one of the pro-union employees that if she did not like working at Starbucks she could always quit. The NLRB’s Administrative Law Judge (“ALJ”) held that the “invitation” amounted to an implied threat because it suggested engaging in protected concerted activities was incompatible with continued employment.
However, not all was lost for Starbucks in this case. The ALJ dismissed a separate claim that Starbucks unlawfully interrogated workers at the meeting by asking them to write their concerns about the company on post-it notes and place stickers next to comments by other workers that they agreed with.
As with many of these cases, the devil is in the details. If you get an inkling of a union organizing drive at your workplace, don’t stick your head in the sand and wish for it to go away. Get legal advice quickly from an experienced labor and employment specialist so you can learn what you can and cannot do.
THIS JUST IN…
Even though the use of ALJs in the NLRB’s adjudicatory scheme is built into a statute that has been around since the 1930’s, recent court cases are casting that scheme into doubt and disarray. In Aunt Bertha v. National Labor Relations Board, a federal district court in Ft. Worth has enjoined a ULP proceeding against an employer because the NLRA impermissibly protects ALJs from the President’s Article II power by insulating them from removal. The court’s reasoning is based on other cases in the Supreme Court and the Fifth Circuit involving ALJs used by the Federal Trade Commission and the Securities and Exchange Commission. Expect Aunt Bertha to be appealed. The blueprint for any pending ULP case should be to enjoin proceedings until Aunt Bertha is resolved.
January 28-29, 2025 Austin, Texas
Addressing Suicide and Total Wellness in the Construction Industry
Samuel Palos, ARM, Acrisure Risk Management - Safety Committee Chair
The construction industry faces a significant yet often overlooked challenge—its workforce experiences one of the highest suicide rates of any profession. This alarming statistic has brought increased attention to the importance of supporting workers’ overall well-being. The high-pressure environment, long hours, physical demands, and the often transient nature of the work can contribute to stress, isolation, and burnout. These factors, combined with stigmas surrounding asking for help, put many workers at risk.
While much emphasis has traditionally been placed on physical health, it’s essential to also address emotional and cognitive well-being as part of total human health. This includes recognizing early signs of stress and burnout and ensuring individuals have the tools and resources to cope with life’s challenges, whether they stem from work, personal issues, or other factors.
What Impacts Wellness?
Total wellness can be affected by a variety of factors, including: stress, burnout, grief, fatigue (both physical and emotional), financial hardships and work-life balance.
Maintaining total wellness is important at every stage of life and requires attention to all aspects of well-being— emotional, cognitive, and physical. If left unchecked, chronic stress and fatigue can lead to more serious issues, affecting not just mood but also physical health, potentially leading to issues such as digestive problems, headaches, or sleep disturbances.
Warning Signs to Look For
While the experience of stress and burnout is different for everyone, there are common signs that could indicate someone is struggling with their overall
well-being:
- Eating too much or too little
- Sleeping too much or too little
- Having unexplained aches and pains
- Lacking energy or motivation
- Withdrawing from usual activities or social interactions
- Using substances (e.g., alcohol, tobacco, or drugs) more frequently
- Experiencing feelings of helplessness or hopelessness
- Feeling unusually anxious, upset, or worried
- Engaging in conflicts with others or having difficulty managing emotions
If these signs are present, it’s important to take action to address them before they escalate into more serious health issues.
Supporting
Total Human Health
Taking care of overall wellness in the construction industry should be a priority at every level of the organization. By focusing on emotional, cognitive, and physical health, workers can be better equipped to manage the stresses of their work and personal lives. Encouraging a culture of openness and providing resources like counseling, peer support, and stress management programs can go a long way in reducing the stigma associated with seeking help.
In light of the high suicide rates within the construction industry, fostering a workplace culture that prioritizes total human health is not just beneficial—it’s critical. Taking small, proactive steps today can make a significant difference in the lives of those in this challenging profession.
If you’re concerned about your well-being or someone else’s, reach out to a healthcare provider or wellness professional for support.
ABC Survey on OSHA Heat Injury and Illness Prevention Proposed Rule Responses Due Oct. 11:
ABC is launching a survey to obtain contractor feedback on OSHA’s Heat Injury and Illness Prevention in Indoor and Outdoor Settings proposed rule OSHA’s proposed rule would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors where OSHA has jurisdiction and require employers to develop programs and implement controls to protect employees from heat hazards.
Elements of the proposal include the following:
• Training requirements for supervisors, heat safety coordinators and employees;
• Developing and implementing a worksite heat injury and illness prevention plan (a written plan must be created for employers with more than 10 employees);
• An initial heat trigger with a heat index of 80°F (or equivalent wet bulb globe temperature). Requirements for employers include providing drinking water, break areas for indoor and outdoor worksites, acclimatization of new and returning employees, paid rest breaks if needed and more;
• A high heat trigger with a heat index of 90°F (or equivalent wet bulb globe temperature). Requirements for employers include mandatory rest breaks of 15 minutes at least every two hours (an unpaid meal break may count as a rest break), warning signs for excessively high heat areas and more;
• Two different options for acclimatization procedures for new and returning workers; and
• Additional recordkeeping requirements.
For more information about the proposed rule, see OSHA’s fact sheet and heat web-page as well as ABC’s Regulatory Roundup
OSHA is accepting comments on the proposed rule until Dec. 30. ABC will utilize the anonymous survey data and anecdotes to inform our efforts. Understanding the impact of these requirements on ABC members is critical.
If you are interested in participating in the survey, please click on the link below. https://abcnational.iad1.qualtrics.com/jfe/form/SV_1SVQy92N10ACLIO
The survey will close on Oct. 11 at 5 p.m. ET. Please reach out to Karen Livingston at livingston@abc.org with any questions or comments.
The ABC Beltway Blueprint is a tool that provides members with updates on important ABC actions such as the OSHA Heat Injury and Illness Prevention rule and other regulations. If you would like to subscribe to the Blueprint, please fill out this form to be added to the email list.
Another Value of being an ABC Member!
QTR 4 Safety Training
October 8: Trenching & Excavating Competent Person
October 22-25: OSHA #3095 Electrical Standards
October 23: ARC Flash
October 28: OSHA Focus 4
October 29-31: Permit Required Confined Space Entry
November 12-15: OSHA#500 Trainer Course
November 15: Guide to OSHA Recordable Injuries & Illness
December 10-13: Resource Conservation & Recovery ACT
QTR 4 Committee Meetings
Oct 16: Community Service Delivery & Lunch
Nov 13: Personal Safety, Self-Awareness & Social Media Do’s and Don’ts ABC Office 3PM
Dec 18: Joint HH with FLI
Oct 29: Chili Cook-off Support Pickrell Park, &AM
Nov 6: Lessons in Leadership ABC Office 4PM
Dec 18: Joint HH with FLI Future Leaders