Business Magazine April 2022

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A diverse workforce isn’t just about employee engagement, it’s also good for business. Studies show that gender diverse companies are 21 percent more likely to outperform national industry peers, and that companies with ethnically diverse executive teams are 33 percent more likely to outperform their peers on profitability. Join us as we hear from Adrienne Dixon, Ph.D., president and chief executive officer of one of Erie’s largest and oldest providers of mental and behavioral health services, Sarah A. Reed Children’s Center, as she shares her professional journey as it relates to DEI and how to empower teams to be successful in today’s work world. Dr. Dixon has more than 30 years of clinical experience as a professional counselor, educator and administrator. She also serves as the program head and associate professor for the counseling program at Edinboro University. She holds a master’s degree in counseling, a post master’s certificate in marital and family therapy, and a Ph.D. in counseling psychology. PRESENTED BY:

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BUSINESS VOL. XXXV NO. 4 | APRIL 2022

MAGAZINE

United Way of Erie County

LEADING THE WAY

SPOTLIGHT Q&A:

SARAH A. REED CHILDREN’S CENTER CEO TALKS IMPACT OF DEI

TWO OF THE REGION’S MOST INFLUENTIAL NONPROFITS EMBRACE NEW ERA OF LEADERSHIP, COLLABORATION

SPECIAL SECTION:

MBA CELEBRATES TRAINING GRADUATES



FEATURES WHAT’S INSIDE | FEATURED STORY

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Women in Leadership Diversity benefits organizations.

COVER STORY | LOCAL PROFILE

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Leading the Way United Way of Erie County and The Erie Community Foundation are leading the way by embracing a new era of transformational leadership and collaboration.

SPOTLIGHT Q&A | DIVERSITY

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DEPARTMENTS 12

BUSINESS BUZZ

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PEOPLE BUZZ

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TRAINING CONNECTION

WHAT’S NEW

EVENTS 21 NETWORKING AND MORE

See what’s happening at the MBA and with our members in the region!

WORKPLACE TRENDS

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EDITORIAL LEGAL BRIEF | WORTH NOTING

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AWARDS AND PROMOTIONS READ ON THE GO! For the most current Business Magazine updates, visit mbabizmag.com

HR Q&A

Contributing Writers Stacey Bruce Casey Naylon Rep. Donna Oberlander Lisa Smith Presta Jamie Schumacher

Feature Photography R. Frank Media

Advertising Sales Frank Mehler 814/833-3200 fmehler@mbausa.org

Addtional Photography iStockPhoto Patty Welther Design, Production & Printing Printing Concepts Inc. printcon@erie.net

Chris Peterson 814/833-3200 cpeterson@mbausa.org

My spouse said what? A closer look at the “spousal privilege” and the confidentiality afforded to communications between spouses in Pennsylvania. Jamie Schumacher and Lisa Smith Presta

ON THE HILL | INITIATIVES

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GET ANSWERS

Executive Editor Karen Torres ktorres@mbausa.org

Adrienne Dixon, Ph.D., president and CEO of Sarah A. Reed Children’s Center, discusses the importance of women in leadership and the increasing role that diversity, equity and inclusion (DEI) have in impacting organizations and their bottom line.

Pennsylvania poised to be a leader in next gen tech with data centers. State Representative and House Majority Whip Donna Oberlander (R-63rd District)

TRAINING GRADUATES | RECOGNITION

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See photos of the MBA’s recent computer, HR and professional development training graduates.

On the Cover: United Way of Erie County’s Vice Board Chair Lorianne Feltz and President Laurie Root and The Erie Community Foundation’s President and Chief Executive Officer Karen Bilowith and Board Chair Deborah Murphy (shown at the Erie Club in Erie, Pennsylvania) are among the women leaders effecting transformational change in northwest Pennsylvania. For full story, see page 4. Mission Statement: The 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 Association Headquarters: 2171 West 38th Street Erie, PA. 16508 Pittsburgh: 600 Cranberry Woods Drive, Suite 190 Cranberry Township, PA 16066 814/833-3200 |800/815-2660 | www.mbausa.org

© Copyright 2022 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 magazine 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.

mbabizmag.com • APRIL 2022

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Julie Wilson

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Executive Vice President and Treasurer, Chief Financial Officer

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Assistant Vice President and Branch Manager

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Member, Marquette Board of Trustees

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Vice President and Branch Manager

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Mpowering Women ™

As part of our mission to make a real difference in our hometown communities, Marquette is proud to Mpower™ women to pursue their dreams and realize success in leadership. And we applaud every woman whose achievements have broken barriers and helped pave the way for others.


Women in Leadership

WHAT’S INSIDE | FEATURED STORY

DIVERSITY BENEFITS ORGANIZATIONS Whether they are heading a major corporation or running a small business, leaders — both men and women — bring a combination of strengths to the table. But when it comes to opportunities for professional advancement, too often women are not part of conversation. Now, as more employers are facing talent shortages, the benefits of diversity in the workplace — especially in key leadership roles — are worth re-examining. According to a recent study by IBM, gender-inclusive organizations that prioritize the advancement of women reap a variety of benefits • They report a rate of revenue growth as much as 61-percent higher than other organizations. • Sixty percent report they are more innovative than their competitors. • Seventy-three percent say they lead their field in customer satisfaction. Studies also have outlined that companies with greater gender diversity, not just within their workforce but directly among senior leaders, are significantly more profitable than those without. Research shows that women appear to perform well in multiple aspects of leadership. A study of 423 companies across the U.S. and Canada by McKinsey & Company and Leanin.org finds women are better than men at providing emotional support to employees (19 percent of men compared with 31 percent of women) and checking in on the well being of employees (54 percent compared with 61 percent). In addition, they are better at helping

employees navigate work-life challenges (24 percent of men compared with 29 percent of women) and taking action to prevent or manage employee burnout (16 percent compared with 21 percent). Women also spend more time contributing to diversity, equity and inclusion (DEI) efforts (7 percent of men compared with 11 percent of women). In this issue of the MBA Business Magazine, we’ll highlight the many contributions that women leaders are bringing to their organizations and communities. In fact, two of the most influential nonprofit organizations in northwest Pennsylvania — United Way of Erie County and The Erie Community Foundation — are leading the way by ushering in a new era of leadership and collaboration. We’ll also talk with Adrienne Dixon, Ph.D., president and CEO of Sarah A. Reed Children’s Center, on her thoughts about women in leadership and the growing demand for diversity, equity and inclusion in today’s work world. She’ll also be our featured speaker at the MBA’s highly

anticipated Women in Leadership IMPACT event on April 7 in Erie, so be sure to reserve your seat now! In this special issue, you’ll also want to check out our expert articles on why training has become such a sought-after benefit for women in the workforce and how to better foster inclusivity in a postCOVID work world. Plus, don’t miss our special section celebrating the MBA’s recent training graduates who have mastered our regionally recognized computer and supervisory skills certification series. At the MBA, we value education and training, and providing new ways for our members to stay innovative and competitive. To learn more about our many training programs, including leadership and our new DEI Workshop series, visit mbausa.org.

EMPOWER YOUR ORGANIZATION mbabizmag.com • APRIL 2022

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COVER STORY | LOCAL PROFILE

United Way of Erie County

United Way of Erie County’s Vice Board Chair Lorianne Feltz of Erie Insurance and President Laurie Root and The Erie Community Foundation’s President and Chief Executive Officer Karen Bilowith and Board Chair Deborah Murphy of UBS Financial Services discuss the major initiatives taking place at their organizations, during a meeting at the Erie Club in downtown Erie, Pennsylvania.

Leading the Way

Two of the Region’s Most Influential Nonprofits Embrace New Era of Leadership, Collaboration There’s been a lot of enthusiasm about the revitalization taking place in downtown Erie these days. New businesses. New buildings. New energy. New ideas. But there’s another change under way that is also reason for excitement. At a time when the benefits of diversity — including gender diversity — in the workplace are becoming more widely acknowledged, two of the most influential nonprofit organizations in the northwest Pennsylvania region are embracing a new era of leadership and collaboration. Leading the way are Laurie Root, president of United Way of Erie County, and Karen Bilowith, president and CEO of The Erie Community Foundation (ECF). Both women are respected veterans in the nonprofit sector and share a common goal — to improve the quality of life in the Erie community. As head of United Way since August 2021, Root is a driving force of the local social impact organization, which has generated more than $5 million annually in community investments to break the cycle of poverty and improve the local community. Bilowith, who has led The Erie Community Foundation since October 2021, oversees one of the region’s largest public nonprofits — a

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Laurie Root is the president of United Way of Erie County.

network of 800 charitable endowments that injects more than $21 million annually in support of the Erie region. Root and Bilowith acknowledge that they were both enthusiastic to embark on their new positions as their organizations advance some very important and impactful community initiatives.

Karen Bilowith is the president and CEO of The Erie Community Foundation.

“I’ve made a commitment to the community, and I want to see it through,” explains Root. “I think that the leadership skills and the experience that I bring to this position are what is needed right now for this organization. Our strategy is set, and we are in a position to leverage the impact of that because we have all of the pieces and players in place.” “The Foundation has been doing some innovative and progressive things in terms of helping to partner with businesses and the public sector on the growth that was happening in Erie and building on the momentum,” adds Bilowith, “and I wanted to be able to help bring a new perspective and leadership to that particular emphasis of The Erie Community Foundation.” Indeed, both leaders have the backing of their professional teams and Board members. But they also share a passion for leadership that has been decades in the making.


459 West 6th Street Erie, PA 16507 Phone: 814/454-0843 Website: www.eriecommunityfoundation.org For Karen Bilowith, the journey to lead The Erie Community Foundation has taken her across the country and back. From a young age, the Vermont native says her parents encouraged her and her sister to pursue their dreams without limits — be it sports, education or career — ultimately shaping her leadership aspirations. Bilowith’s path took her to Boston College, where she earned a bachelor’s degree in economics, and then West, where she earned a master’s degree in public administration from the University of Colorado. From there, Bilowith’s professional career led her to the Denver Zoological Foundation and American Red Cross. She also served as president and chief professional officer for United Way of Schenectady County in upstate New York and as a senior program officer for the National AIDS Fund in Washington, D.C. — a position in which she went into local communities across the country to develop their philanthropic plan for HIV and AIDS services. Quickly becoming a rising leader in the nonprofit sector, Bilowith continued to challenge herself with new opportunities — as president and CEO of the Community Foundation for the Greater Capital Region in Albany, New York, and eventually, her position as the president and CEO of the Idaho Community Foundation. Bilowith’s impactful leadership also earned considerable recognition. In 2020, she was recognized with a CEO of Influence award by the Idaho Business Review and in June 2013 received the Key4Women Achieve Award. Bilowith, who describes herself as a “big picture thinker,” credits her colleagues — both men and women — for helping her hone and leverage her skills, and for giving her a chance. “Just having people say, ‘I want to hear what you think’ has been really important to my professional journey, so I always try to develop that in my staff as well and empower them,” she explains. Bilowith’s leadership experience has certainly prepared her for her role at ECF, where making an impact has been an integral part of The Foundation since the first charitable endowment fund was established by Boston Store co-founder Elisha Mack in 1935. “I love being part of a community foundation because I think we have a really special role in helping people who love their communities participate in helping them,” says Bilowith. “Every day at The Erie Community Foundation, we connect donors to important community causes.” ECF’s impact certainly can’t be overstated. Over the past few years, The Foundation has averaged $21.3 million annually in new gifts and $19.9 million in annual grant-making. The Foundation also has worked closely with corporate and civic leadership to raise $27 million in start-up

Karen Bilowith (right) takes a collaborative approach to leadership in expanding on The Foundation’s many community initiatives. She is pictured here with Executive Coordinator Olivia Blakeslee (left).

funding to transform the downtown Erie, while also strengthening adjacent neighborhoods. The Foundation has led the effort to establish a community college, a center city Innovation District and the expansion of the Magee-Women’s Research Institute in Erie, a $26 million medical research facility that represents a unique partnership of UPMC Hamot, and Penn State University, the Behrend Campus. The Foundation’s initiatives also include Erie Vital Signs, the Nonprofit Partnership and Erie Gives, the annual community fundraising campaign. At a time when diversity, equity and inclusion (DEI) efforts have become more prominent discussions in the community and business world, The Erie Community Foundation also has been an early adopter of initiatives to help foster inclusivity. One of the most exciting initiatives launched during the COVID-19 pandemic has been the We Believe in Erie Fund — a shared fund that will provide more than $100,000 in support of GEEDC and its programs for minority scholarship and apprenticeship programs. At the organizational level, ECF also has developed its own team and board to be more diverse. In 2022, the Foundation added three new members to its Board of Trustees — all women, including Robin Scheppner of American Tinning & Galvanizing, Karinna Vernaza, Ph.D. of Gannon University, and Annē Lewis of Red Letter Hospitality, the youngest trustee in its history. “We’re headed in the right direction, and we’re finding new ways to engage the communities that we are supporting,” says Bilowith. Bilowith’s positive approach definitely shapes her leadership. The selfdescribed outdoor enthusiast, skier and bicyclist, does not consume “emotional calories” by giving into negativity, a view she embraced from a colleague at the National AIDS Fund. “Don’t put it out there because that gives it life. I try to follow that, staying positive while being realistic.” Bilowith has good reason to be excited about what’s ahead. As ECF gets more involved with collaborative community efforts, including leveraging federal funds from the American Rescue Plan Act, The Foundation will be instrumental in ensuring that DEI efforts are implemented, not just discussed. “You see it all the time that there are new buildings, new institutions created, but the challenge remains the same because not all the people are benefiting from that growth and that is something that we plan to hone in on and pay attention to.” Another priority for ECF is Erie Gives, which shattered giving records in 2021, raising over $7 million for 438 nonprofits. In her leadership role, Bilowith sees more opportunities to work with employers on making giving and volunteering part of their employment engagement strategies. “When it comes to Erie Gives, we can’t stop prioritizing because the nonprofits really depend on that money, but because it is also an entry point for people in philanthropy that creates the culture of giving and an important part of our mission.” Transformational grant-making programs are an important part of ECF. The next stage will require Bilowith and her team to find more ways to sustain them and get more people involved with community transformation projects. Most recently, ECF presented a $3 million grant from the Susan Hirt Hagen Fund to the expERIEnce Children’s Museum to help with its renovation and expansion that will nearly double its footprint in downtown Erie. Bilowith also would like to see more focus on women leadership efforts, including the Erie Women’s Fund, which helps empower women and families and foster self-sufficiency. The ECF Board already has made a $30 million commitment to transformational philanthropy and $10 million to impact investing, which is going to drive The Foundation’s focus for the next five years.

The Erie Community Foundation is led by Vice President of Philanthropic Services Susannah Weis Frigon, President Karen Bilowith, Vice President of Marketing & Community/Government Relations Erin D. Fessler, Vice President of Community Impact Patrick Herr and Chief Financial Officer Barbara Sambroak (inset). The Foundation has a team of 16 professionals and 12 Board members.

“There are so many ways for businesses to be involved in philanthropy, whether it’s Erie Gives or thinking about working with us as a partner in their corporate giving,” says Bilowith. “I’m excited about what’s ahead.” mbabizmag.com • APRIL 2022

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United Way of Erie County 650 East Avenue, Suite 200 Erie, PA 16503 Phone: 814/456-2937 Website: www.unitedwayerie.org When it comes to Erie, Laurie Root knows the importance of leaning in and lifting up the community. A self-described “Boomerang-er,” the Erie native returned to her hometown armed with the experience and dedication to make a difference. A graduate of Hollins University, Root held high-profile positions in the for-profit and nonprofit areas in the Washington, D.C. region, including working for the late Pennsylvania Senator John Heinz. She also worked in the publishing business and in Seoul, Korea, as a TV writer and contributor to the nation’s then No. 1 TV show, “Quiz Academy” as well as “Everyday English.” She returned to D.C. where she joined a national trade association and helped develop an executive education program in partnership with Harvard University, eventually leading to her role as vice president for Women in Cable Telecommunications. After 30 years away from Erie, Root found the time was right to return home to family and friends, and to a new professional opportunity at United Way of Erie County. She took on the role as vice president of Investor Relations and then senior vice president before being named president in 2021. During that time, Root has been a formidable figure in advancing women in leadership efforts in Erie. She was honored as the recipient of the 2016 Women Making History award from the Mercy Center for Women, the 2015 Women’s Roundtable Woman of the Year Award, as well as the 2013 ATHENA Leadership Award. “Leadership and executive leadership development have had a profound impact on how I view my role, and hopefully I set an example for other women to take that extra step up into leadership and take on the roles and responsibilities that may initially feel a little bit out of their comfort zone.” The changes under way at United Way have certainly prepared Root to lead. Over the past eight years, she has helped lead United Way’s transition from a pass-through fundraising entity to a social impact organization — a major change for an organization that has been part of the community since 1911. “We’ve completely changed the model of who we are as an organization,” says Root, “and I think that our Board saw the impact that we, as an organization, could have and they, as thought leaders, didn’t back away from that.”

Laurie Root (left) has been a major advocate of women in leadership and the war on poverty in the Erie community. Root is pictured with Chief Development Officer Julie Chacona.

A visible commitment to this change is the organization’s 2021 office move to the former Wayne School building on East Avenue across from East Middle School. The Wayne School space is also the home of other community impact organizations, the Erie Center for Arts and Technology (ECAT), the Blue Coats peacekeeping initiative and the new UPMC Jameson School of Nursing. United Way’s new home also places it centrally located in the 16503 ZIP code. The area is among the city’s most poverty stricken and where the demand for United Way’s Call 211 helpline is highest, connecting residents with resources such as childcare, utility payments and more. Under its new social impact model, United Way’s work is an even more critical component of an overall economic development eco-system for Erie, with investment and focus on the human capital component upstream that will feed directly into the downstream investments in the community. At United Way, according to Root, that means staying laser focused on education and its flagship strategy, community schools, in which students and their families are connected to community resources that lead to improved student learning, stronger families and healthier communities. United Way presently has 11 community schools in four school districts serving more than 6,000 students in Erie County. By the end of the 2021-2022 school year, all of the public elementary and three middle schools in Erie’s Public Schools will be community schools. The business community has been very supportive of the model by becoming Corporate Partners, helping to fund the initiative. One of the community schools, Diehl Elementary, has a coalition of eight companies that came together to support the initiative. They understand that this is not only an investment in the community but also an investment in the future workforce. “This is a marathon, not a sprint,” explains Root. “This is going be a generationand-beyond commitment in the community to assure that children, no matter what ZIP code they are living in, have a level playing field in terms of achieving academic success in school, and it drives everything we do now.” United Way has embraced collaboration with other local organizations, volunteers and businesses to mobilize the community to help more people achieve self-sufficiency. In fact, United Way also has partnered with many employers in the Erie region to support its other initiatives, including the grade-level reading program Raising Readers, as well as the Imagination Library, a free book program for children from birth to age 5, which will give away its 1 millionth book in early 2023. “The community has really supported this, and the impact has been in incredible,” says Root. The Erie FREE Taxes program continues to be an economic driver for the community as well. In 2019, United Way surpassed the program’s impact of $100 million in the community with the Earned Income Tax Credit and savings refunds to lower and middle income individuals. According to Root, financial stability is essential to family stability, which is critical to student success in school. But it will also take a united community, led by a diverse and dedicated team, to crush poverty — United Way’s ultimate goal.

United Way of Erie County has undergone a major transition in its leadership and as a social impact agency thanks to the support of its 28 Board members and 30 team members. Here, executive team members (from left) Vice President of Finance and Administration Sally Opferbeck, President Laurie Root, Vice President of Community Impact Mike Jaruszewicz, Chief Development Officer Julie Chacona and Director of Marketing & Communications Joelyn Bush meet at the United Way’s new Erie headquarters located on East Avenue.

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“We have an outstanding team of professionals with extraordinary education and experience backgrounds, but everyone also has a passion for helping people lift themselves up and lift up the community,” she says. “While we all bring a different perspective and skill set, what ties us together is that commitment to the people in the community, to the children, their families and to Erie.”


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SPOTLIGHT Q&A| DIVERSITY

Sarah A. Reed Children’s Center CEO Talks About Impact of DEI Despite the COVID-19 pandemic, women continue to make important gains in representation, and especially in senior leadership, in organizations across the globe. Here, Adrienne Dixon, Ph.D., president and CEO of Sarah A. Reed Children’s Center, discusses the importance of women in leadership and the increasing role that diversity, equity and inclusion (DEI) have in impacting organizations and their bottom line. You have a unique perspective on leadership, following in the footsteps of pioneer Sarah A. Reed and as the first woman of color to lead the agency in its 150 years. Please share your thoughts. As I reflect on Sarah Reed, a woman way before her time, I think of the construct of resiliency and one’s ability to demonstrate the capacity to recover, learn and develop despite adversity and challenging obstacles. This is a crucial skill for leaders in general; however, for women it often requires a higher degree and expectation. My personal journey began long before coming to the Children’s Center and is rooted in my early experiences growing up under the guidance of my great-grandmother. She too was a resilient woman born way before her time in 1890 on the heels of Slavery with the equivalent of a sixth grade education. She would frequently say, “You can do whatever you want if you put your mind and heart to it.” Those early experiences and lessons shaped and guided me throughout my professional journey. I started at Sarah Reed as an intern and part-time employee and developed my path of leadership over three decades. People often remark about the journey but are unaware of the unique challenges for women and particularly women of color that often lead to internal conflict and pressure in negotiating diversity. When I transitioned into the executive leadership role at the Center, it was at a critical time when the country was just coming to grips with the implications of COVID-19, social injustice and economic disparities. I am proud to carry

on the legacy begun by Sarah Reed and the Center’s founding group of women 150 years ago.

to expand our shared knowledge while deepening our commitment to tangible action and influence.

Sarah A. Reed Children’s Center is a multi-service agency focused on children and families struggling with life traumas. Tell us more. The Children’s Center has proudly served our community for 150 years and is one of the first Sanctuary®certified treatment facilities in western PA. Sarah Reed employs over 300 staff members, operates five campuses in Erie and is a leader in the behavioral health community. We successfully treat individuals with mental health, behavioral health and severe emotional challenges, many of whom are victims of trauma and abuse. Today, we serve more than 1,700 children (ages 3 to 18), adults and their families annually, from Erie and 50 counties throughout Pennsylvania.

You will be the keynote speaker at the MBA’s April 7 Women in Leadership IMPACT event in Erie. What are some key aspects of your presentation? The conversation will center on the importance of advocating for DEI in the workplace to: • Foster successful organizational culture, health, productivity and sustainability • Discuss the ability to influence performance • Foster creativity • Have a diverse and innovative talent pool • Reduce turnover

DEI is becoming more widely discussed by employers today. How much does DEI matter to your organization? We are committed to knocking down barriers that foster an advantage for some groups while creating obstacles for others. We recognize the impact on one’s overall sense of self and well-being. We are dedicated to being a part of a cultural shift that will help bring about a resilient community that fosters cultural humility, equity and sustainability for all. In fact, our July 2021 Diversity Summit grew out of the many initiatives and emotional experiences of our organization and will continue to be an opportunity

Why do you believe women in leadership/DEI is so important for employers to learn more about? Historical barriers and challenges are emotional and deeply rooted in organizational culture. It is crucial to examine the barriers and challenges that hinder the path of women and especially women of color to leadership roles. It is critical that we openly discuss ongoing ethnic and gendered beliefs that make being a woman (woman of color) in leadership emotionally, professionally and socially challenging. For more info about Sarah A. Reed Children’s Center, visit www.sarahreed.org.

mbabizmag.com • APRIL 2022

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Women Making a Difference.

MacDonald Illig is proud to be the largest law firm employer of women attorneys in Northwest Pennsylvania. As active members of the local community, our women partners and associates serve on and lead Boards of numerous non-profit and civic organizations.

Our women attorneys practice in numerous areas of law, including: BANKING & FINANCE · BANKRUPTCY & CREDITORS’ RIGHTS BUSINESS TRANSACTIONS · CHARITABLE & NONPROFIT ORGANIZATIONS

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CONSTRUCTION

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MacDonald Illig values commitment to our community and joins the Manufacturer & Business Association in commending the women leaders throughout our region who make a difference.

100 State St., Suite 700, Erie, PA 16507 Phone: (814) 870-7600 macdonaldillig.com

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My Spouse Said What??!

LEGAL BRIEF | WORTH NOTING

The communications privilege applies to oral communications, written communications, expressions and gestures (for example, a nodding of the head). It is of note, however, that this privilege does not apply when the gesture is observable by third parties, when the spouses are suing each other in a civil matter, or where one of the spouses initiates a criminal proceeding against the other.

Lisa Smith Presta is a senior partner and Chair of the Litigation Department at MacDonald Illig. She handles complex, multiparty litigation involving commercial disputes, breach of contract claims, employment matters and professional services.

Jamie Schumacher is a senior associate at MacDonald Illig and Chair of the Erie County Bar Association Civil Litigation Section. She practices in the firm’s Commercial Litigation, Labor & Employment, and Government Services Practice Groups.

A longstanding principle in Pennsylvania law is the confidentiality afforded to communications between spouses. Dating back to at least the 1930s, the “spousal privilege” (also known as the “marital privilege”) has been considered by the U.S. Supreme Court to be “so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the administration of justice.” Wolfle v. United States, 291 U.S. 7 (1934).

The Communications Privilege The communications privilege protects the contents of exchanges between married individuals which the individuals would not have made except for the “absolute confidence” of the marital relationship. In order to invoke the communications privilege, the spouse must establish that: a) at the time of the communication, the spouses were in a valid marriage; b) the communication was intended to convey information between spouses, and neither spouse has disclosed the communication to a third party; and c) the communication was intended to be confidential. The protection survives both death and divorce for communications made during the course of the marriage. The privilege is held by both spouses so either can invoke its protection, and neither can divulge the communication without the consent of the other.

Two Types of Spousal Privilege This public policy is codified in Pennsylvania and actually encompasses two distinct privileges — the communications privilege and the testimonial privilege. These privileges can apply in both criminal and civil proceedings though some federal courts question their application in civil matters.

The Testimonial Privilege The testimonial privilege protects an individual from being compelled to testify against her or his spouse about any matter — often, what may have been observed, overheard or learned rather than just the contents of a confidential communication. This privilege applies only during the period of the marriage itself. Exceptions include child abuse and legal proceedings between spouses (for example, divorce, custody, support and protection from abuse matters) as well as the recognition that a spouse may testify in order to exculpate herself or himself from allegations of criminal wrongdoing. And They Lived Happily Ever After In a 2016 suit between the Cavanagh family and C.A.P. Glass Incorporated, the Pennsylvania Superior Court ruled that Mrs. Cavanagh could prevent her husband from testifying about private conversations between the two regarding the details of a $1.5 million fraudulent check scheme allegedly perpetuated while she was working as an accountant at C.A.P. Glass. The trial court refused to apply the privilege based upon the “fraud exception,” which provides that spouses may not rely upon the testimonial privilege where its application would assist them in committing a fraud. The trial court instructed Mr. Cavanagh to testify about the fraudulent check scheme, an immediate appeal was taken, and the trial court was reversed. Thereafter, counsel for the Cavanaghs stated their gratitude “that the [Superior Court] would give respect to the sanctity of the marital relationship in this day and age.” For information, call 814/870-7600 or visit www.macdonaldillig.com.

mbabizmag.com • APRIL 2022

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BUSINESS BUZZ | WHAT’S NEW MERCY CENTER FOR WOMEN CELEBRATES WOMEN MAKING HISTORY HONOREES The Mercy Center for Women recently celebrated its “Dynamic Dozen” for 2022. The 12 women were selected for the way they “have served the Erie community with love, grace and compassion,” according to the Mercy Center’s website. The honorees were recognized during an event on March 2 at the Mary D’Angelo Performing Arts Center at Mercyhurst University in Erie.

ERIE FEDERAL CREDIT UNION ANNOUNCES PLAN TO BUILD NEW BRANCH IN FAIRVIEW

Erie Federal Credit Union (Erie FCU), northwest Pennsylvania’s largest credit union, plans to open a new full-service branch in Fairview, Pennsylvania, tentatively scheduled for late this year. This will become the credit union’s 10th branch and first location in western Erie County. This also will be the credit union’s first new location since the adaptive reuse of the former Glenwood Elementary School and construction of its Glenwood corporate headquarters and branch on Peach Street, which opened in June 2017. Plans for the branch are still being finalized, but the project calls for new construction located along one of the most trafficked roads in the Fairview area. The credit union closed on the parcel slated for development in June 2020.

Mercy Center Executive Jennie Hagerty (left) is shown here with Marybelle Martin (center), one of the Center’s 2022 Women Making History honorees, and a guest.

The Women Making History honorees for 2022 are: Penny Blankenship Johnson, Mary Bula, Katrina Byrd, Elizabeth Edwards-Steen, Mary Kay Eisert Wlodarczyk, Susannah Weis Frigon, Amparito Hernandez, Marybelle Martin, Sister Michele Schroeck, Karen Seggi, Karen Tyler and Annette Wittmann. Mercy Center for Women is a sponsored ministry of the Sisters of Mercy that provides safe and supportive transitional housing, education, counseling and more for homeless women with or without children. For more information, visit www.mcwerie.org.

Brian Waugaman, CEO of Erie FCU, said the Fairview branch is an essential piece of the credit union’s strategic plan to better serve its members by expanding our footprint across the region. “Our members spoke, we listened,” Waugaman said. “We already have thousands of members living and working within a few miles of this planned new location and we look forward to serving them with greater convenience while also welcoming new members, so they too can enjoy the benefits of credit union membership and 5-star service provided by Erie FCU.” The new branch will feature banking amenities such as multiple drive-up lanes, a drive-up ATM, a warm, welcoming environment and private offices for meeting with members. Waugaman added, “We are excited to invest in the Fairview community with a modern facility, which will greatly expand our current and future members’ access to their Erie FCU accounts. While we believe our mobile and online technology is top notch, on-the-go members also want in-person access to friendly, knowledgeable financial professionals.” Since its inception in 1936, Erie Federal Credit Union, has been serving its members in and around the Erie, Pennsylvania area. Erie FCU has grown its membership to over 68,000 with assets of more than $720 million. For more information, visit www.eriefcu.org.

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PEOPLE BUZZ | AWARDS AND PROMOTIONS THE ERIE COMMUNITY FOUNDATION WELCOMES THREE NEW BOARD TRUSTEES

The Erie Community Foundation has announced the addition of three new trustees to the board: Annē L. Lewis, director of Marketing at Red Letter Hospitality; Robin Scheppner, president and managing owner of American Tinning & Galvanizing (ATG); and, Karinna Vernaza, Ph.D., dean of College of Engineering and Business and a professor of Mechanical Engineering at Gannon University. Lewis, a North East native, graduated from Penn State University with a bachelor’s degree in Communications and a minor in Entrepreneurship. As director of Marketing, she is responsible for advertising and communications for The Cork 1794, Molly Brannigan’s and The Skunk & Goat Tavern. She coordinates all social media platforms, website and menu development, advertising campaigns, public relations initiatives nurturing relationships with local businesses, and community engagement. Lewis is a member of the Athena Circle of Trust, Young Erie Professionals, Young Erie

Philanthropists, Hamot Health Foundation Corporator, Perry Square Alliance Board Member, a 2019 graduate of Jefferson Civic Leadership Academy, 40 under 40 recipient, and a constant cheerleader to the Erie community. Scheppner holds many degrees and credentials, including a BFA from Denison University, teaching credentials from Cleveland State University and University of Utah, an associate degree in Building Construction from Salt Lake Community College. Scheppner has been involved in various service and benevolent organizations throughout her varied work experiences. She joined the Erie Women’s Fund of The Erie Community Foundation and recently served as their chair for three years. She became a panel adviser to five Athena Powerlink recipients over six years. She is an original member and is still serving on the Mayor’s Business Council for Joe Schember. She is a member of Rotary and an active United Way Board member. Currently, she chairs United Way’s Resource Development Committee and serves on the Executive Board of Women United for Community Schools.

Vernaza, a native of Panama City, Panama, has authored more than 40 peer-reviewed publications centering on high-strain deformation of materials and engineering education. Recently, she has focused on systemic strategies for the retention and advancement of STEM faculty and students, and academic interventions to improve student success. Vernaza attended the U.S. Merchant Marine Academy and earned a Bachelor of Science in Marine Engineering Systems. After graduating, she was employed as a Ship Manager in Braswell Shipyards in Panama. She was awarded a Project Latin America 2000 Graduate Fellowship by the Kellogg Institute, the Coca-Cola Company, and the University of Notre Dame to perform graduate studies. She earned a master’s degree in Mechanical Engineering and a Ph.D. in Mechanical Engineering from the University of Notre Dame. Vernaza is active in the community, is an Erie Ambassador, serves on the Board of Directors for the Erie Technology Incubator, the ExpERIEnce Children’s Museum and PSNERGY, LLC. The three new trustees join Marcus Atkinson, Karen Bilowith, Rev. Donald L. Baxter Jr., M.D., William M. Hilbert Jr., Charles G. Knight, III CPA, Sarah Hagen McWilliams, Deborah W. Murphy, CFP®, David M. Tullio, Thomas A. Tupitza, Esq. and James R. Walczak, Esq. as members of the board.

mbabizmag.com • APRIL 2022

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CELEBRATING WOMEN IN BUSINESS!

At Northwest, we’re extremely proud of and inspired by the achievements of the women on our team. Collectively, they’ve made a positive impact, creating opportunities and enhancing the financial well-being of our customers and our communities. We’re committed to doing everything we can to encourage a more inclusive world — and we celebrate the incredible accomplishments of women everywhere!

www.northwest.com

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ON THE HILL | WORTH NOTING

Pennsylvania Poised to Be a Leader in Next Gen Tech with Data Centers State Representative Donna Oberlander, a Republican, represents the 63rd Legislative District, serving parts of Armstrong, Clarion and Forest Counties, and serves as House Majority Whip. Visit www.repoberlander.com for more information. Pennsylvania has already positioned itself as a leader in efforts to grow our state’s economy and to promote private investments and infrastructure. This past year, we positioned ourselves to be a major player in bringing data centers to the Keystone State with a new sales and use tax exemption. While Pennsylvania previously had a rebate program that offered financial incentives to data centers to operate in the state, we found it was not as competitive as other states’ programs. As a result, we passed House Bill 952, which would create a true sales and use tax exemption for both existing centers and the development of new ones in the state. I was excited to sponsor this legislation because of its tremendous economic development potential. The pandemic showed us that almost everything is digital in some way. From telemedicine to remote learning and working, we have relied on this

type of technology to keep our world functioning. The key is making sure the information is stored safely and securely. The demand for such centers will grow exponentially as people rely more heavily on technology. And why shouldn’t Pennsylvania be the catalyst to house these centers? We have a great location due to our skilled workers, competitive power prices and a cooler climate. In fact, one of the largest data centers is located not far from my district in western Pennsylvania and employs hundreds of people. We also know that incentives have been cited as a driving factor in recent data center location decisions and to accelerate digital infrastructure. The final product that passed as part of the state budget package last year exempted the state’s sales and use tax for the purchase of data center equipment. To qualify, a data center operator must invest and create jobs depending on the local population: a $75 million investment and 25 new jobs if the facility is located in a county with a population of 250,000 or fewer individuals or a $100 million investment and 45 new jobs for a county with a population of more than 250,000. It must also pay an annual compensation of at least $1 million to employees at the facility.

With technology companies growing at a rapid pace, the opportunity for co-location data centers with our borders is incredible. We can expect the creation of family sustaining jobs for these construction projects to benefit our first-class workforce, as well as new technology investments from companies of all sizes. We have proof that such an incentive will work. Since 2017, the Commonwealth of Virginia — which offers a similar sales and use tax exemption — has created over 45,000 new jobs and leveraged $10 billion in private investment. If Pennsylvania is to compete on a global level, we needed this incentive to level the playing field with neighboring states. In fact, while similar states have instituted such measures, many experts believe Pennsylvania’s new law will put our data center industry first in the nation. How do we know that is working? Other states are looking to mirror our efforts and new startup companies are already lining up to be part of the program. They are looking “to invest millions of dollars in Pennsylvania and create family sustaining jobs for our workers. Pennsylvania is poised to be a leader in next generation technology, and this tax incentive is just one of the tools at our disposal to make that happen.

mbabizmag.com • APRIL 2022

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Expert Training on Your Time! The flexibility you need with the quality training you know and trust. ONLINE LIVE INSTRUCTION. . . ◆ ◆ ◆ ◆ ◆ ◆

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TRAINING CONNECTION | WORKPLACE TRENDS RESEARCH SHOWS PAY EQUITY PAYS OFF FOR EMPLOYERS While pay disparities persist in the American workforce, research by SHRM (the Society for Human Resource Management) shows nearly three in five (58 percent) organizations voluntarily conduct pay equity reviews to identify possible pay differences between employees performing similar work. Of those organizations, 83 percent adjusted employees’ pay following a pay equity review, according to SHRM surveys of HR professionals and American workers. The survey results demonstrate that focusing on how employees are compensated has numerous benefits for employers, especially when it comes to strengthening workplace culture.

For Women in the Workplace, Training is a Valuable Benefit

For example, 91 percent of employees who believe their organization is transparent about how pay decisions are made also said they trust that their organization pays people equally for equal work regardless of gender, race and ethnicity.

Childcare, flexible work schedules and the ability to work from home are top of mind for working women. Yet another increasingly valuable benefit for this growing talent pool is training and development. Investment in education is essential for women if they are to have a role in the future workplace. Research has shown that the future of automation and advances in digital technology will disproportionately affect women, a segment of the workforce that is overrepresented in roles that are highly vulnerable to automation, including clerical roles like back office and administrative staff, customer service and call center jobs, and frontline service jobs. What can employers do to retain (and recruit) these valuable team members? Invest in education, particularly computer training, which will help them increase efficiency, improve productivity, and propel them and their organizations forward. The Manufacturer & Business Association, for example, provides world-class computer training. Our courses include the most popular Microsoft programs — Excel, Word, PowerPoint and Teams — as well as more in-depth mastery courses. The MBA training team focuses on one-on-one attention to each participant, tailoring each class to the skill level of participants in a hands-on environment both virtually and in person. Participants are simulated by real-world work challenges in an easy-tofollow program, and leave with step-by-step documentation, practice files and a direct line to the trainer for follow-up questions. The Association even offers three different learning platforms — at the MBA’s state-ofthe-art computer lab in Erie, virtually via Microsoft Teams and onsite at member and partner locations. It’s a win-win for both employer and employee.

“This research shows that workplace culture starts at the top — and organizations with forward thinking leadership are in the best position to win the global competition for talent,” said Emily M. Dickens, SHRM chief of staff, head of government affairs and corporate secretary. SURVEY FINDS WOMEN READY TO RETURN TO WORKFORCE CONSIDERING STEM FIELDS As the pandemic’s has affected individuals all across the country, women were hit especially hard. They experienced higher rates of unemployment than men, upending careers over the last two years. But now, these same women are ready to get back into the workforce and tackle a new industry. MetLife conducted a survey in September that interviewed 2,000 people in the workforce from ages 18 to 65. The results showed that nearly half of women, 48 percent, said their careers had been negatively affected because of the pandemic. However, 63 percent of those who left the workforce during the pandemic said they were ready to return. Eight in 10 of those who were considering returning to work wanted to do so in science, technology, engineering and mathematics (STEM).

Remember: Investing in your team’s career growth is essential more than ever today. Let the MBA’s computer training experts help you find the right formula and open new doors for this important segment of the workforce.

Casey Naylon is the computer and digital media specialist at the Manufacturer & Business Association. Contact her at 814/833-3200, 800/815-2660 or cnaylon@mbausa.org.

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mbabizmag.com • APRIL 2022

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HR Q&A | GET ANSWERS

Fostering Inclusivity in a Post-COVID Workplace Diversity and inclusion in the workplace are not new concepts. However, as the threat of COVID-19 shifts, it’s important for businesses to not simply have a plan, but fully embrace those concepts. People have gained new and varied perspectives while living through and preparing to emerge from the pandemic. Although often used together, diversity and inclusion represent separate ideas. Diversity is the actual makeup of the business, including but not limited to age, race, gender, sexual orientation, religion and disabilities. Inclusion is how diversity is integrated. The goal for business leaders is to make employees feel like they belong and can be themselves — both in virtual and in-person workplace settings. Why Does It Matter? The coronavirus pandemic has and continues to elevate disparities and highlight other challenges. For example, a subtler form of diversity is whether somebody is a parent or caregiver. No matter what the difference or situation is, business leaders should expand their empathy and compassion for employees as work-life challenges evolve. There’s a positive side of the pandemic as diversity is addressed in new ways with employees working from home. For example, those who may have trouble getting around the office due to physical limitations have been able to work from the comfort of their home. When discussing employee well-being and engagement, diversity and inclusion should be a part of the conversation as well. Making It the New Normal If we’ve learned anything from social distancing and isolation, it’s that humans are their best when connected and engaged with each other. The benefits of diversity and inclusion remain the same as they were before the coronavirus pandemic, but this is a good time to revisit business strategies. Business leaders can use their power, platforms and resources to help employees feel heard and respected. Now, more than ever, employees need and deserve that in the workplace. The MBA now offers a diversity, equity and inclusion (DEI) workshop! To learn more, visit https://www.mbausa.org/hr-and-legal-services/hr-training/.

Stacey Bruce, SPHR, SHRM-SCP, is the director of HR Services at the Manufacturer & Business Association. Contact her at 814/833-3200, 800/815-2660 or sbruce@mbausa.org.

MANUFACTURER & BUSINESS ASSOCIATION

WEDNESDAY, SEPTEMBER 14

8:30 a.m. to 4 p.m. BAYFRONT CONVENTION CENTER, ERIE EARLY BIRD SAVINGS! Before May 1: $350 member; $500 nonmember

SA EA VI RLY N M GS BIR A Y EN D 1! D S

It’s bigger, it’s better and it’s back at the Bayfront Convention Center! The Manufacturer & Business Association’s (MBA) 10th Annual HR & Employment Law Conference is bringing one of the largest HR audiences together once again (choice of in-person or virtual attendance)! This year’s agenda is packed with not one, but two in-demand national keynote speakers; interactive learning experiences, high-caliber vendors, networking opportunities, awesome prize giveaways, plus expert guest speakers that you won’t want to miss!

After May 1: $400 member; $550 nonmember (Delicious breakfast, lunch and two snacks included with in-person registration)

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APRIL 2022 • mbabizmag.com

REGISTER TODAY! Visit mbausa.org or contact Stacey Bruce at 814/833-3200, 800/815-2660 or sbruce@mbausa.org.


TRAINING | RECOGNITION

The Manufacturer & Business Association (MBA) recently recognized the graduates of its HR, professional development and computer courses. To learn more about upcoming training offerings, visit mbausa.org.

Excel Application Specialist — Erie

From left: Amanda Daniels, Erie Insurance Group; Stacy Stalsitz, Gannon Small Business Development; and, Valerie Savoia, Brevillier Village.

HR Essentials Certification Series — Erie Tracy Stanley, Loesel-Schaaf Insurance Agency, Inc.

Excel Application Specialist — Erie Dakota Songers, Erie Insurance Group.

Excel Application Specialist — Erie

From left: Shannon Goodwin, Walker Filtration Inc., and Scott Scheiwer, Ameridrives International

Certified Supervisory Skills Series — St. Marys

From left: Maximilian Kennedy, BlueWater Thermal; Sean McFarland and Kirt Sherwood, Penn Pallet; Mike Colson and Garrett Mosier, BlueWater Thermal; Rich Swoope, Penn Pallett; and, Dan Fye, Symmco.

Certified Supervisory Skills Series — Erie

Front row, from left: Christopher Graves, Port Erie Plastics Inc.; Bruce Hordusky, Parker LORD; Derek Connors, Deist Industries Inc.; Dean Benedict, Corry Manufacturing Company; Matt Szerszen, Deist Industries Inc.; Michael Tatters, Deist Industries Inc.; Raffaele Bell, Plastikos, Inc.; Jennifer Maya, Erie Water Works; Mike Dzurko, Erie Water Works; Ernie Mittelstadt, INEOS Pigments; John Kirk, INEOS Pigments; Scott Dean, INEOS Pigments; Renee Gwinn, Community Health Net; and, Tracey Haire, ACL. Back row, from left: Samuel Braun, Parker LORD; Nicholas Schroeck; Plastikos, Inc.; Adam Chase, Corry Manufacturing Co.; Alexander Strain, Plastek Industries Inc.; Douglas Hirz, Port Erie Plastics Inc.; Mike Harter, St. Mary’s Home of Erie; Ashley Yochim, Plastikos, Inc.; Ashley Wickham, C&J Industries Inc.; Debbie Sceiford, Wm. T. Spaeder Company Inc.; Halle Sullivan, WQLN Public Media; Erica Czuwara, Zurn Industries, Inc.; and, Paul Powers, INEOS Pigments. Not Pictured: Sherrai Holland, Community Health Net, and Jennifer Valerio, Erie Water Works.

mbabizmag.com • APRIL 2022

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ATHENA Women Celebrate the Leadership of Women

“WE ARE ATHENA ERIE”

“With over 252 million women starting businesses worldwide and another 153 million women running established businesses worldwide, women entrepreneurs are having an enormous impact on the global economy.” Women founders know that research finds very little difference in business outcomes between men and women business owners growing similar types of businesses. (DIRI Research) Here are just a few of Erie’s business owners who know what it takes to be successful, offering innovative expert service and products. To learn more about how you can participate check out www.athenaerie.org.

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To learn more about ATHENA Powerlink/ATHENA Erie check out ATHENAerie.org or contact Linda Stevenson at ATHENAerie.stevenson@gmail.com


SPECIAL SECTION | NETWORKING AND MORE The Manufacturer & Business Association (MBA) regularly hosts a variety of member engagement events in the region, including member briefings, legislative events and awards presentations. To learn about the latest happenings at the MBA, visit mbausa.org. Stacey Hellman of the St. Marti n Center in Erie, Pennsylvania, was the winner of the MBA’s HR CoffeeTalk baske t for January.

Rachel LaRoche of Channellock in Meadville, Pennsylvania, was the winner of the MBA’s HR CoffeeTalk basket for February.

The Merc yhurst Child Learning Center in Erie celebrated its 40th year in opera tion in 2021.

LRI Logistics Corporation in Pittsburgh recently celebrated its 40th year in business. The company is one of the nation’s most experienced suppliers of transportation and distribution personnel.

mbabizmag.com • APRIL 2022

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PRSRT STD US POSTAGE PAID ERIE, PA PERMIT #199

Stick with what works.

94% of businesses that choose UPMC Health Plan stay with UPMC Health Plan. You’ve given a lot of thought to your employees’ health coverage. And you’ve come to a familiar conclusion — nothing’s better than UPMC Health Plan. Choose us for affordable plan options. Full in-network access to UPMC along with other doctors and hospitals in the community. Access to 24/7 virtual urgent care. Service from a designated Health Care Concierge. And digital health tools that keep up with busy lives and schedules. All this is worth sticking with, don’t you agree? To learn more, visit UPMCHealthPlan.com/employers.


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