July 2009 Business Magazine

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! g n i 5 ain y l On es rem m o s four Erie, Pa. www.whisperingwoodsgc.com As featured in the April issue of the Business Magazine.

CO-SPONSORED BY:

Treat your clients and yourself to an unforgettable day of play!

Tuesday, August 11 10 a.m. Shotgun Start

Limited to 33 Foursomes! • Modified Scramble • Premium Golf Gift • Door Prizes • Skill Prizes

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$700/Foursome "The Association's golf tournament is truly a 'can't miss' outing. Having played each year for the past 10 years, I can't imagine not being part of such a wonderful and worthwhile event." — Ron Santos

Register: Call Tracy at 814/833-3200 or 800/815-2660 or register online at www.mbausa.org. Proceeds to benefit Pennsylvania Business Week, the Patrick R. Locco Scholarship Awards and the John P. Tramontano Jr. Education Fund.

BUSINESS M A G A Z I N E Manufacturer & Business Association

VOLUME XXII, NUMBER 7

JULY 2009

EBC President and Chairman of the Board Charles McGeary and Vice President and Secretary of the Board Hope McGeary

Building Successful Futures erie business center

Erie Business Center marks 125 years as the area’s oldest career training institution

pg. 12

Government Affairs Free Online Newsletters News You Can Use Staying on top of local, state and national news just got easier, thanks to the Manufacturer & Business Association’s newest daily publication, News You Can Use. This comprehensive report offers the day’s political, business and economic news from across the Commonwealth, delivered to your inbox every morning by 9 a.m.

The Hill Midweek Report The Hill Midweek Report is your weekly “go-to” resource for government updates that are both easy to understand and relevant to you and your business. Each issue features government affairs topics, upcoming events for local industry and action alerts to ensure your voice is heard. Contact your legislator directly with our easy-touse online advocacy system. Sign up at www.mbausa.org/government-affairs/communications Erie Headquarters:

Harrisburg Office:

2171 West 38th Street

600 North Third Street

Erie, Pa. 16508

Harrisburg, Pa. 17101

Phone: 814/833-3200 or 800/815-2660

Phone: 717/525-7213

Fax: 814/833-4844

Fax: 717/525-7214

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July 2009

EDITORIAL >

FEATURES >

5 / Health Matters

3 / Spotlight

How telehealth is connecting patients to better care.

President and CEO Richard Knight discusses the success and challenges of Presque Isle Downs & Casino and why he’s so committed to the Roar on the Shore® bike rally.

MICHAEL CULYBA, MD

9 / Financial Adviser

Understanding the financial and tax impact of divorce settlements.

A primer on patent reform for manufacturers. ROBERT BAUER

27 / In the Bank Why it pays to know your credit score and how it’s calculated.

Learn about the history and growth of Erie’s oldest career training institution as it marks its 125th year as a regional provider of quality education.

19 / On the Hill Association Government Relations Specialist Ashley Borchilo explores the negative financial impact of cap and trade on American families.

NORB KACZMAREK

EVENTS > COMPANY PROFILES >

2 / LECOM 7 / Teaching Touches

22

12 / Erie Business Center

CHRISTINE A. WILHELM, CPA, CFE, CDFA

11 / Legal Brief

4

22 / 104th Annual Event See exclusive photo coverage of this year’s event with keynote speaker George W. Bush, 43rd President of the United States.

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BMUA SG IANZEI SN SE

Manufacturer

& Business Assoc

VOLUME XXII,

iation

4 / Business Buzz 6 / The Education Network

JULY 2009

125 and Chairman EBC President Jr and Secretary Charles McGeary McGeary and Treasurer Hope

DEPARTMENTS >

NUMBER 7

22

es ssful Futur Building Succe 125 years as s Center marks

16 / HR Connection 20 / Legal Q&A 28 / People Buzz

Erie Busines institution career training the area’s oldest

erie business center

pg. 12

Read this issue of the Business Magazine online and send us your feedback at www.mbausa.org!

July 2009 > www.mbausa.org > 1

for medicine connected to a greater purpose.

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SPOTLIGHT > by Jessica Crocker Richard Knight is the president, CEO and general manager of Presque Isle Downs & Casino in Summit Township near Erie, Pennsylvania. With more than 25 years’ experience in the gaming industry, Knight is responsible for continuing the development of and the supervision of operations. He recently was appointed a member of the Manufacturer & Business Association’s (MBA) Board of Governors, on which he will serve a three-year term. The Business Magazine recently sat down with Knight to discuss his new appointment, Presque Isle Downs, and his involvement with the Roar on the Shore® bike rally.

Welcome to the MBA Board of Governors. What programs and services would you like to see developed or expanded to benefit the membership? While our business has its own training department and programs, we use MBA courses to supplement the ones we offer. I particularly find the ones relating to entry level supervisory management to be helpful. As a service industry business, we are obviously interested in programs that directly relate to the service-oriented company. Additionally, I find the forums that relate to the political environment to be especially helpful. With the business environment in Pennsylvania under tremendous stress, I feel any efforts by the MBA to improve the situation to be extremely important. Presque Isle Downs & Casino opened its doors in February 2007. What are some of the challenges and successes you have experienced so far? Our initial challenge was to get approximately 800 people trained and motivated to work in an industry unfamiliar to most of them. Overall, I would say our management team has met that challenge and succeeded. Going forward, most of our challenges are the same that any start-up business would experience. Developing a profitable operation that will produce a fair return on the approximate $300 million invested in this business is our current and most formidable challenge. Another significant challenge relates to horse racing. Unfortunately, horse racing is a sport that has been in decline for many years and the introduction of a new racing operation in a declining industry is difficult at best. The Pennsylvania model, which calls for gaming tax revenue to support this industry, is new and its success is yet to be determined. How has the current economic downturn affected your organization? People read our volume statistics in the newspaper each week and assume that we are doing exceedingly well. While we have performed satisfactorily, what most people don’t understand is that for each dollar of volume we produce, we return approximately 92 cents back to the customer. Additionally, of the 8 cents that remain, the state and county take 60 percent. With what is left over, we have to pay all of our other expenses, including payroll, marketing costs, utilities, and all applicable county, state and federal taxes, as well as seek a return on our investment. So how has the economic downturn affected us? The answer is basically it has slowed our ability to create an acceptable return on our investment. Presque Isle Downs has been a sponsor of the Roar on the Shore® bike rally since the event’s inception in 2007. Why does the casino support this event year after year? Any event that can bring approximately 5,000 people to our front door for an afternoon, and the potential for several thousand more over a weekend, becomes a no-brainer for us. As a result of Roar on the Shore®, we have found that we have many friends in the tri-state area who are bike enthusiasts who return and visit us throughout the year. We have, what I like to believe, a very symbiotic relationship with Roar on the Shore®. Where would you like to see Roar on the Shore® in five years? I think of Roar on the Shore® in terms of our charitable contribution. In two years we have given approximately $125,000 to two respective charities. I would hope in five years we would be giving $150,000 per year to an individual charity.

VOL. X XII, NO. 5 MAY 2009

Manufacturer & Business Association Board of Governors

John Cline Dale Deist Timothy Hunter Dan Ignasiak Richard Knight Mark C. Kulyk John B. Pellegrino Sr., P.E. Dennis Prischak Timothy G. Shuttleworth Lorenzo Simonelli Sue Sutto Philip Tredway

Editor in Chief Ralph Pontillo rpontillo@mbausa.org Executive Editor John Krahe jkrahe@mbausa.org Managing Editor & Karen Torres Senior Writer ktorres@mbausa.org Contributing Robert Bauer Writers Jessica Crocker Michael Culyba, MD Norb Kaczmarek Christine A. Wilhelm Advertising Sales Lori Maus Joint 814/833-3200 or 800/815-2660 ljoint@mbausa.org Photography Bruce Bennett Bruce Bennett Photography 814/899-1161 Ron Stephens & Jenn Blount La Mirage Studio 814/835-1041 Rob Ruby 814/453-3954 Design, Production Printing Concepts Inc. & Printing printcon@erie.net

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 2171 West 38th Street Erie, Pa. 16508 814/833-3200 or 800/815-2660 www.mbausa.org © Copyright 2009 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.

July 2009 > www.mbausa.org > 3

Business Buzz

DEPARTMENTS > Contact: Jessica Crocker

SEAWAY MANUFACTURING MARKS 50TH ANNIVERSARY

Seaway Manufacturing Corp., a manufacturer of high quality vinyl replacement windows, sunrooms, storm windows and doors, and entry doors, celebrated its 50th anniversary, during a recent ceremony at Seaway’s main plant, 2250 East 33rd Street in Erie. “We are here today because of the skills, dedication, and strong work ethic of our work force,” said Vice President Jana Goodrich, to a group of invited guests that included Seaway Manufacturing Corp. President and CEO Seaway employees, executives Michael Goodrich and Vice President Jana Goodrich. and area business and community leaders. “We could not be here today without the partnerships we have been blessed with. We are proud of the products we manufacture under the watchful eyes of so many who pay such close and conscientious attention to detail, and we are especially thankful to all who have supported those efforts in so many ways. We celebrate all the people who have made 50 years of Seaway Manufacturing possible, and look forward to 50 more.” The company was founded by Eugene Friedman and Robert Goodrich in February 1959 as Seaway Aluminum, starting out as an Erie-based manufacturer of aluminum windows and storm doors. By the 1970s, Seaway expanded its product line to include entry doors, storm doors, windows, storm windows and sunrooms. Today, the company, named one of the Top 100 Window and Door Manufacturers in the United States for the past eight years, distributes Erie-manufactured products to more than 350 specialty home improvement dealers in 21 states. Seaway is owned and operated by the Michael Goodrich family. President and CEO Michael Goodrich has been in the home improvement business most of his life, starting out in his family’s retail business in Buffalo, New York. His wife, Jana Goodrich, built her career with two Fortune 500 companies, owned a management consulting business, and was a fulltime college professor at Penn State Erie, before joining Seaway in 2007. For more information about Seaway, visit www.seawaymfg.com.

ERIEZ INTRODUCES NEW MAGNETIC SEPARATION, METAL-SORTING TECHNOLOGY Eriez Magnetics, headquartered in Millcreek Township, has unveiled a state-of-the-art machine that combines magnetic separation and metal sorting technology. EcoTowerSort™ is a compact machine that can be used for the sorting of aluminum, stainless steel, copper cables and heavy fractions, enabling total recovery of valuable metals at a lower overall investment cost.

4 < www.mbausa.org < July 2009

Students from several area high schools took part in the Northwest Tri-County Intermediate Unit 5’s Erie’s Career Affect, held March 24 and 31 in Erie. The daylong event, which included plant tours at Industrial Sales & Manufacturing and Eriez Magnetics, served as an opportunity for the students to see firsthand the role technology and training play in the manufacturing industry. Following the tours, students participated in the Manufacturer & Business Association’s The Making of a Legend – Careers in Manufacturing program, which seeks to educate and excite high school students about careers in manufacturing. The program showcases the Association’s one-of-a-kind Harley-Davidson Softail Deluxe – the best of American manufacturing and the 21 member companies who supply parts for Harley. For more information about the Association’s bike tour, or to view photos from Erie’s Career Affect, visit www.mbausa.org.

ECS CELEBRATES 20 YEARS IN BUSINESS

Celebrating its 20th anniversary, telecommunications provider Electronic Communication Services (ECS) has continued to make additions to its product line that will help businesses stay connected. According to the company, this includes ECS’ Mitel phone systems, which ECS has been installing since 1989, as well as new products and services from Bandwidth.com and BlackBerry. For more information about ECS, please visit www.ecsinc.us.com or call the Erie office at 814/806-2114.

MERIT TOOL OBTAINS ISO CERTIFICATION

Merit Tool Company, Inc., headquartered in Erie, has received international recognition of quality excellence in its process management system for the production of precision machined components. The company obtained its ISO 9001:2008 Registration from NSF International Strategic Registrations, Ltd. (NSF-ISR). Used by leading companies around the world, the ISO 9001:2008 standard was revised and released at the end of 2008 and provides a universal baseline for quality management. Certification to the standard is awarded after an in-depth audit of business methodology, products and processes has been performed. NSF-ISR, a world leader in management systems registrations, conducted the third-party certification audit for Merit Tool Company.

The machine’s vertical-stacked design saves space by eliminating numerous conveyor and feeder systems, and optimizes the distribution of material at each sorting step. With low maintenance and air consumption, EcoTowerSort™ also can be customized to fit each customer’s requirements and preferences. For more information, visit www.eriez.com.

AREA STUDENTS EXPLORE MANUFACTURING CAREERS

Eriez recently unveiled its new EcoTowerSort™ at its Lake City-area facility. The sorter also was featured at the ISRI 2009 Annual Convention in Las Vegas (below).

For more information about Merit Tool, visit www.merittoolcompany.com.

Health Matters

EDITORIAL > by Michael Culyba, MD

Telehealth Connects Patients to Better Care The concept known as telehealth is gaining wider acceptance as technology expands the reach of medicine in ways that were difficult to imagine, even as recently as a decade ago. Telehealth is the general term used to describe the delivery of healthrelated services and information via telecommunications technologies. In its simplest form, it can be two health professionals who discuss a specific case over the telephone. It can be two teams of providers holding a videoconference in two different countries. It also can mean robotic technology. Telemedicine is more narrowly defined as the use of medical information exchanged from one site to another via electronic communications for the health and education of the patient or healthcare provider for the purpose of improving patient care. Telemedicine includes consultative, diagnostic and treatment services. Included Among the Technologies Used in Telehealth: • Videoconferencing • Internet • Store-and-forward imaging • Streaming media • Terrestrial communications • Wireless communications Benefits of Teleheath The prime benefit of telehealth is that it improves access to care for a variety of patients who otherwise would be unable to receive it. In remote areas where traditional delivery of health services is affected by distance and where local specialists may not be available, telehealth can link patients to services that under normal circumstances would not

be available. Likewise, if someone is homebound and unable to visit a physician’s office, remote telemonitoring allows the physician to stay on top of the situation. In that way, telehealth techniques can be used to practice preventive medicine. Without the monitoring, it is likely that the only visits the patient makes are to an emergency room. Examples of Telehealth: • E-visits • Telestroke programs • Remote telemonitoring • Telewound management programs The ability of any region to adequately meet a patient’s needs determines the extent to which telehealth methods can be effective. Factors that Influence the Effectiveness of Telehealth Methods: • Adequacy of existing health services • Cost of existing health services • Policies of governments and/or insurers in terms of coverage • Medical licensing requirements Nonclinical Uses of Telehealth Technologies: • Distance education including continuing medical education, grand rounds, and patient education • Administrative uses including meetings among telehealth networks, supervision and presentations • Research • Online information and health data management • Health-care system integration • Asset identification, listing, patient-to-asset matching and movement • Overall health-care system

management • Patient movement and remote admission Telehealth is meeting a growing need, both nationally and globally, to develop more accessible and efficient models to deliver high-quality health care. Telehealth is an emerging force that can address these issues. Accelerating technological advances and opportunities in telecommunications have made telehealth an attractive alternative to deliver better quality and more accessible health care for various traditional and nontraditional needs and constituents. Telehealth solutions should be able to: • Improve the quality of care and associated outcomes; • Improve access of optimal care; • Reduce the cost of delivering care; • Increase access for patients to physicians and facilities; and • Reduce costs for physicians and patients. For more information, visit www.upmchealthplan.com. Michael Culyba, MD, is the vice president, Medical Affairs, at UPMC Health Plan, which is part of the integrated partner companies of the UPMC Insurance Services Division – which includes UPMC Health Plan, UPMC Work Partners, Life Solutions, UPMC for You (Medical Assistance), and EBenefits Solutions – and which offer a full range of insurance programs and products.

July 2009 > www.mbausa.org > 5

The Education Network

{ in partnership for the future. } Business and education

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An astounding 1,128 high school youth participated in the 2008-2009 Pennsylvania Business Week economic education program.

96.3 percent of those students say they now have a better understanding of how business operates in the American economy.

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We would like to honor all those who have made Business Week an ongoing success, including the Manufacturer & Business Association and its members, the ACES Board of Directors and our generous volunteers and supporters. Thank you for all you have done. And all you continue to do.

Leadership Erie, dedicated to the development of community leadership since 1990, is now accepting applications for the class of 2010.

www.aceserie.org

Please call 814.871.7231 for an appMication or brochure

CHALLENGING and EMPOWERING Individuals First and foremost, Edinboro University is a great place to learn. With nationally recognized degree programs and more than 100 fields of study, Edinboro is ready to prepare you to make great things happen! More than 100 degree programs and 52 academic minors Selected by U.S. News and World Report as one of the top universities in the North Ranked by Animation Magazine as one of the top 15 animation programs in the nation Internationally recognized faculty, more than two-thirds of whom hold doctoral or terminal degrees Honors program, study abroad, internships, field and volunteer experiences College credits for high school students

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6 < www.mbausa.org < July 2009

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Dr. Jeremy D. Brown, President

One of the 14 universities in Pennsylvania's State System of Higher Education

Teaching Touches, Inc.

Company PROFILE Teaching Touches, Inc. 1846 West 26th St. Erie, PA 16508 Phone: 814/871­6676 Fax: 814/871­6678 E­mail: teachingtouches@aol.com Web Site: www.teachingtouchescatalog.com Founded: September 1993 President: Bozena M. Iole Vice President: Linda L. Sanner Number of Employees: 5

Company Description: Teaching Touches, Inc. is a woman­ owned and locally owned and oper­ ated educational resource store. Our mission is to provide teachers, parents, children, grandparents, homeschoolers, schools and institu­ tions with high quality and afford­ able learning resources and educa­ tional products to make learning fun and help create love of learning in children of all ages. Whether used at home or in school, our products promote learning environments that foster knowledge and enhance the educational experience for all children.

resource and workbooks in all sub­ ject areas, games, puzzles, science kits and equipment are just some of the products we offer. We accept purchase orders and laminating ser­ vices also are available. Teaching Touches, Inc. has been a member of the National School Supply and Equipment Association since 1993.

We have a full­line catalog that offers thousands of products from more than 300 suppliers. In addi­ tion, our catalog is online to allow our customers the convenience of shopping from home or school. Classroom furniture and equipment, reading and math manipulatives,

“…the average score for teens taking the National Financial Literacy Challenge was only 56% (a failing grade).” –U.S. Treasury Department and the President’s Advisory Council on Financial Literacy. July, 2008.

In economic turbulence lies opportunity—the opportunity to share financial know-how and discipline with a new generation of Americans. Partner with Junior Achievement to educate teens about wise money management through programs that teach work readiness, entrepreneurship and financial literacy.

of Erie County To donate or volunteer, call 814.898.6385, or visit www.erie.ja.org.

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EDITORIAL > by Christine A. Wilhelm, CPA, CFE, CDFA

Financial Adviser Dissolution of Marriage Understanding the Financial and Tax Impact of Divorce Settlements A divorce can be just as devastating financially as it is emotionally. In many cases, if not most, married couples going through a divorce are not aware of the long-term financial ramifications or potential tax consequences of their contemplated settlement agreement. Now more than ever, financial professionals are playing an active role in helping sort through these complex financial issues. It is essential to approach the financial issues of divorce comprehensively. By looking at each asset or source of income separately, divorcing parties may fail to recognize the interaction of inflation, timing issues, capital gains, investment losses, taxes and other areas of the full financial picture. Tax planning is essential to ensure that unnecessary increases in tax liability do not create additional problems later. Child support, spousal support and property transfers require careful consideration in the process. Failure to address ambiguous areas when structuring a settlement may produce unfavorable results, as the value of marital assets, and costs involved in a settlement, can become complicated.

Child Support and Spousal Support (Alimony)

Child support payments are not deductible by payors and are not taxable income to recipients. Payments that qualify as spousal support are deductible by payors and taxable to payees. Under certain carefully structured settlements, it is possible to make larger spousal support payments to the payee spouse at less after-tax cost to the payor spouse. Under two scenarios, if any amount specified in a divorce or separation instrument

will be reduced, the amount of the reduction may be treated as child support (non-deductible, nontaxable), rather than spousal support (deductible, taxable), from the start. These include: • Upon the happening of any contingency relating to the child (for example, age); or • At a time that can be clearly associated with a contingency related to the child. In addition, rules exist to prevent nontaxable property transfers from being disguised as spousal support. Exercise caution to avoid having excess spousal support payments recaptured as taxable income to the payor spouse.

Property

There is virtually no limit as to what is considered property – such as the family home, rental property and cars, as well as bank accounts, retirement plans, stock options and family owned businesses. When negotiating property settlements, it is important to consider the future tax consequences of the distribution. Without knowing the basis of each asset and its tax impact, a true comparison of value is not possible, meaning net dollars received could be less than expected.

Marital Residence

If the proposed settlement has limited liquidity, be sure that there will be enough cash flow throughout the years to handle living expenses. Keeping the house while foregoing other liquid assets of the marital estate may not prove to be best in the long run. Additionally, unnecessary tax liabilities can be avoided. Presently, single taxpayers can exclude up to

$250,000 of gain from the sale of the principal residence, while married couples filing joint returns can exclude up to $500,000.

Retirement Plans

In most states, retirement benefits are considered assets subject to division in divorce. For defined contribution plans, it is critical to properly structure any transfer to a spouse to avoid unnecessary withholdings or tax consequences. However, there are options that provide a distribution to a spouse under the age of 59 1/2 without triggering penalties. Defined benefit plans can be divided by discounting the future benefit to the present value and offsetting it with other assets, or via a QDRO (Qualified Domestic Relations Order) if allowed by the plan. The QDRO should be drafted before the final settlement, sent to the plan administrator for preapproval, and be ready for the judge to sign at the same time as the final orders. Mistakes made when using a QDRO can leave a spouse without the portion of the marital assets that were previously awarded. Christine A. Wilhelm, CPA, CFE, CDFA is a member of Forensic and Valuation Group of Malin, Bergquist and Company, LLP, Erie’s largest and fastest growing certified public accounting firm. She also is a member of the Institute for Divorce Financial Analysts. Contact her at 814/454-4008 or cwilhelm@ malinbergquist.com.

July 2009 > www.mbausa.org > 9

Smarter Choices

Lower Medical Costs

Healthier Bottom Line

GIVING EMPLOYEES CONTROL PAYS OFF FOR EVERYONE. Your employees may all come at it a little differently, but today everyone wants lower health care costs. Highmark’s BlueAccount products get your employees directly involved in their health care spending through a Health Savings Account, Health Reimbursement Account or Flexible Spending Account. The more they’re involved, the smarter their choices. And that means lower costs. They get the tools to manage their accounts through one integrated online source. Along with the most doctors and hospitals, outstanding coverage, more choices, and good value. It all adds up to a greater hand in your company’s health. Find out more at 888.286.8414 or highmarkbcbs.com.

An Independent Licensee of the Blue Cross and Blue Shield Association

Your health plan may not cover all your health care expenses. Read your contract carefully to determine which health care services are covered. HRA, HSA and FSA provided through separate arrangements with select administrators and custodians.

Legal Brief

EDITORIAL > by Robert Bauer

A Primer on Patent Reform for Manufacturers It is estimated by the Manufacturing Alliance on Patent Policy that two-thirds of the value of a modern manufacturer lies in its technologies and intangible assets. For several years, there have been efforts to reform the patent system that greatly affects the implementation of numerous technologies and thus the competitiveness of the manufacturing sector. An alternative to a trade secret strategy, the patent system stimulates and rewards innovation by awarding inventors with patents that both disclose the technology to the public and provide exclusivity to practice or license the invention. With a new Congress and presidential administration in Washington, patent reform legislation has been reintroduced to address criticism that the patent system is out of balance. Some of the initial reforms were radical, but with renewed consideration by the courts of some controversial issues, such as patent enforcement by companies that do not produce or sell the patented products themselves, the current reforms have been softened considerably. Comments and position papers have been submitted by a variety of organizations, in addition to those intellectual property focused organizations that typically dominate the debate on major patent issues. These new organizations include, for example, the U.S. Chamber of Commerce and the Manufacturing Alliance on Patent Policy. Many of these latest comments credibly assert that radical reform is no longer needed, and that less radical tweaks are more appropriate.

Changing the Current System – First to File

The Senate patent reform legislation (S 515) was pushed through the Senate Judiciary Committee by Chairman Senator Leahy, with Senator Arlen Specter and a few others having reservations. The Judiciary Committee of the House of Representatives held a hearing on

April 30, 2009 focusing on the House Counterpart bill (HR 1260). The bills are more similar than they are different. In the case of two competing inventors, both bills change the current system where, the patent is rewarded to the inventor shown to have developed the invention first (in public or in private), to the inventor who was first to apply for a patent. Neither bill would require mandatory publication of all patent applications while they are pending. This somewhat avoids the dilemma that many manufacturers face in a first-to-file system of whether to apply for patent protection or maintain a technical advance as a trade secret. A first-to-file patent system obviously places a renewed emphasis on the need to quickly apply for patent protection rather than develop and refine a new technology in private. The change is controversial and there is a related disagreement about whether the oneyear grace period, which an inventor currently enjoys to prepare their patent application after the invention has been first commercially exploited or made public, should be maintained. HR 1260 has a provision that the first-to-file system will not become effective until European countries and Japan adopt the one-year grace period, while S 515 does not have that provision.

Assessing Damages

The most contentious remaining issue is the manner of assessing damages for infringing on a patent. S 515 requires courts to identify the methods and factors that may be considered by juries in determining damages, and to guide juries in their application of those standards, with priority given to the portion of economic value of the infringing product or process attributable to the invention’s contribution over the prior art. For example, modern devices such as cellphones may utilize hundreds of patented inventions.

S 515 also requires that courts provide more rigorous supervision and management of the damages determination processes, including a requirement that parties provide their proposals for damages determination earlier in the lawsuit. It is the “apportionment” approach to damages that has proven most controversial and divisive between different industries. A study of the harmful effects of patent apportionment on many industry sectors has been published by the Manufacturing Alliance on Patent Policy and is available on the Internet at mfgpatentpolicy.org.

The Road to Reform

Other details still need to be worked out in the legislation with respect to forum shopping for “patent-friendly” courts, diversion of patent fees to the general treasury, and improvements in the operations of the U.S. Patent and Trademark Office. The road to reforming the patent system will be bumpy with many valuable interests at stake. But, it seems that calmer heads will prevail, and the likely changes will be modest and manageable, with the only major adjustment being the need to file patent applications as quickly as possible. For more information, contact Attorney Robert Bauer at MacDonald Illig 814/8707754 or rbauer@mijb.com.

Robert Bauer is a registered patent attorney at MacDonald Illig, with a wide variety of experience in various intellectual property and technology related matters.

July 2009 > www.mbausa.org > 11

0bVYQV[T AbPPR``SbY 4bab_R` Photo by Rob Ruby

Marking its 125th anniversary in 2009, the Erie Business Center is a staple of higher education in northwest Pennsylvania, providing quality programs of two years or less at both its Erie and New Castle campuses. The history of EBC is well documented by the McGeary family, which took over operation of the school in 1923, and today is owned by Hope and Charles McGeary (shown above, center) and managed by CEO Samuel L. McCaughtry.

3_VR 0b`V[R`` 1R[aR_ ZN_X` # fRN_` N` aUR N_RN²` \YQR`a PN_RR_ a_NV[V[T V[`aVabaV\[ Slightly worn and faded, a diploma dated March 31, 1910 sits on display in the administrative offices of the Erie Business Center in downtown Erie. The inscription, which certifies that the graduate is an “intelligent and competentâ€? accountant and is “commended to the favorable consideration of the business community,â€? is a symbolic reminder of the school’s commitment to quality education. Now in its 125th year of operation, the school’s commitment remains the same. For three generations, thousands of students have looked to EBC, the area’s longest established career training institution – and one of its most reputable, to provide the educational programs in two years or less that will help them become accomplished professionals. “What does 125 years say about EBC?â€? asks CEO Samuel McCaughtry, who oversees the Erie and New Castle, Pennsylvania campuses. “It means that we’ve been doing it right, and hopefully we’ve been an asset to the community and to the businesses to help grow the environment that we all live in.â€? Throughout its history, EBC’s progressive approach to lifelong learning has enabled the school to keep pace with industry trends and offer students a comprehensive CEO Samuel L. McCaughtry educational experience. “Complacency builds idleness,â€? notes McCaughtry, “and we’re never complacent. We reached 125 years by the ability to constantly assess and evaluate the community’s needs and our curriculum to stay current.â€? Erie Business Center, a family owned career school originally founded as Clark Business College in 1884, has remained focused on providing the educational training that will prepare future business and health-care professionals for careers at some of the oldest and largest employers. Regionally, EBC is recognized as one of the area’s premier private 12 < www.mbausa.org < July 2009

institutions of higher education with 400 students currently enrolled at its two northwest Pennsylvania campuses. “For 125 years, our mission and goals have been constant,� explains EBC Chairman and President Charles McGeary. “We (our faculty and staff) believe in providing education and training to enable our area students to become skilled, well-trained employees. Our students are focused on their careers and look for the fastest way to get there.� At the Erie campus, EBC offers eight associate degree programs – accounting; administrative office professional; information technology; marketing; medical assistant; medical secretary; medical transcription; and paralegal; and eight diploma programs – business management; executive secretary; home health aide; hotel, restaurant and institutional management; medical coding and billing; nurse aide; practical nursing; and rehabilitation technician. At the New Castle campus, EBC offers eight associate degrees in accounting; marketing and sales; travel and tourism; computer science; executive administrative assistant; legal secretary; medical secretary; and medical transcription; and four diploma programs in medical coding and billing; and personal computers for business, hotel, restaurant and institutional operations and protective services. After completing these programs, administrators say, students graduate from EBC with the preparedness to enter the work environment with enthusiasm to be a part of the business’s success. Erie-area employers look to EBC for their staffing needs; and, because of this demand for qualified workers, the school has enjoyed steady growth. At EBC, notes McCaughtry, “We are always looking to the future and what the business and health-care community need in terms of qualified workers.�

DV`V\[ :RNQR_`UV] Erie Business Center’s 125th year of continuous operation is in large part due to its leadership and the McGeary family, who took over the school, then known as Clark Business College, in 1923. The late Charles Porter McGeary graduated from Ohio’s Muskingum College, and later worked at

EBC’s new practical nursing and home health aide programs are highly selective with only a small portion of applicants being accepted each semester. In addition to the health-care field, Erie Business Center also is recognized regionally for its career training in high-demand fields such as business, computer, legal, and tourism and hospitality.

Following in the steps of the McGeary family, the administration at EBC believes a commitment to excellent training and community involvement is essential to the school’s continued success.

“If I were to describe the McGearys in terms of EBC; it’s their life,� notes Donna Perino, director of EBC’s Erie campus. US Steel and at Duff’s School in Pittsburgh, where he taught accounting. In 1917, he became affiliated with Erie Business College, acquiring shares of the school in 1922. McGeary realized that most area colleges taught liberal arts and that the business community needed employees who were skilled in commercial subjects; at that time, there were no colleges for secretarial training or bookkeepers and businesses needed well-trained employees in those functions. McGeary’s dream was to provide the Erie community’s businesses with office workers who were dependable and capable in their fields. “My father acquired the school in 1923, and after he passed in 1953, my mother, Chelsie McGeary, took over as president. I then held the position of Director and now serve as President and Chairman of the Board.� The Academic building on West Ninth Street in Erie opened its doors in 1968 to new programs for EBC and the current operations. “The leadership style,� says McCaughtry, who has been with EBC since 1995 and also is the McGearys’ son-in-law, “is one of dedication to the students and employees of EBC. They hold to the mission of the school: ‘to serve the people of the tri-state area by providing students with the necessary skills, knowledge and positive mentality to contribute effectively to the business and health-care communities.’ � The McGearys’ legacy, say administrators, is to provide an alternative to a four-year education. EBC does this by offering viable, challenging programs, by providing a sincere and supporting environment for all students, by developing in students useful scholarship, social responsibility, and a sense of human values, by challenging students to fully realize their potential growth and worth, and by maintaining a qualified faculty and staff committed to excellent training and community involvement.

“EBC’s 125th year is a testimonial to the McGearys’ commitment,� she adds. “We’ve had the same focus always – the quality of education, the quality of instructors, and the quality of programs – leading to the students’ success.�

>_\T_NZ` 4NPbYaf Erie Business Center’s reputation as a premier career training institution also is a credit to the instructors and programs that provide students with the tools they need to attain their professional careers, and the encouragement to reach their goals. Once enrolled at EBC, students get the special attention that is often reserved for small, private educational settings. “We offer small classes,� says McCaughtry, “so that each student has the opportunity for an ‘individualized’ learning experience. Our faculty and staff are ‘available’ to students.� Most of EBC’s 38 full-time and part-time faculty and 24 staff members hold post-graduate degrees – a distinction the school is proud to recognize. Teaching staff and administrators also have a wealth of industry experience, bringing that real-world training to the classroom. Perino herself worked at GE Transportation Systems for more than 30 years before taking a part-time instructional position at EBC. When she retired from GE in 2000, she became a full-time instructor and eventually was named director of the Erie Campus in 2002. “I believe that individuals entering the work force – for the first time or for those returning – are to be open to all opportunities that present > About: Erie Business Center is recognized as the area’s longest established career training institution.

At EBC, students have access to the latest equipment and computer technology. The school has invested more than $1 million in computer and networking upgrades in the past few years.

Founded: 1884 as Clark Business College

erie business center

Acquired: in 1923 by Charles P. McGeary, Sr.

Location: The school has two campuses, one in Erie and the other in New Castle, Pennsylvania. The Erie campus is located at 246 West Ninth Street and holds its practical nursing program at the Metro Center on West 11th Street. The New Castle campus is located at 170 Cascade Galleria. Programs: Associate in specialized business (ASB) degrees and diploma programs designed to provide advanced training for business, computer, health-care, hospitality, and legal careers. Accreditations/licensure: EBC is licensed by the Pennsylvania State Board of Private Licensed Schools, the Pennsylvania State Board of Nursing, and the Ohio State Board of Career Colleges and Schools. EBC is accredited by the Accrediting Council for Independent Colleges and Schools and recognized by the Council for Higher Education Accreditation. For more information: Contact EBC at 814/456-7504 (phone) or 814/4564882 (fax). Web site: www.eriebc.edu July 2009 > www.mbausa.org > 13

EBC’s Student Services office works diligently to help students secure rewarding employment before and after graduation. Today, EBC alumni can be found working at some of the area’s oldest, largest and most recognized employers. Shown here are Margaret Ward, LPN, at the Village at Luther Square and Amy Gollmer, assistant controller, at the Erie Club.

themselves,� says Perino, who earned a Master of Education degree from Penn State, but who enjoyed working in engineering and manufacturing and other functions at the GE Erie Plant. “Because our faculty and staff utilize this approach, students learn from multi-faceted instructors who present theory and related experience from the field of their instruction.� Complementing this instruction, courses are structured to focus on core competencies rather than general education requirements, so students can immerse themselves in their specialty area faster and get work experience through internships and externships. Student Services Administrator Michelle Coon also manages a portfolio of more than 400 employers with whom EBC works to place students in positions. Lifelong job search services are available to all graduates. EBC consistently maintains a placement rate of 90 percent to 95 percent and has many graduates employed in the northwest Pennsylvania region. Among these businesses are GE Transportation Systems, the John F. Kennedy Center, Erie Insurance, National Fuel Gas Distribution Corporation, the LECOM Wellness Center, Lake Erie Bio-Preserve, LLC, Spectrum Control, Carney & Good Law Office, the Greater Erie Community Action Agency, Erie County Department of Health, the Achievement Center, Associated Clinical Laboratories, Safe Harbor Behavioral Health, Erie Physicians Network, Saint Vincent Health Center, Metabolic Disease Associates, the Office of Children and Youth, as well as several other local law firms, insurance agencies, accounting offices, manufacturers, restaurants, hotels, nonprofits and government agencies. “Most of our graduates have the theory and the experience in their toolboxes when they apply for open positions,� says McCaughtry. “They also have the work ethic to succeed and to be team players in the businesses where they work.�

assistant to IT specialist,� says Laurie Scutella, personnel manager at Select Staffing. “The service is always prompt and professional.� In dire need of filling a staff position immediately, adds Attorney Stephen Sebald of the Law Offices of Carney & Good, “Erie Business Center streamlined the entire interview process and provided us with a candidate who was ready to hit the ground running.� It’s a sentiment shared by Paralegal Kimberly Russo. “I would definitely consider using Erie Business Center’s services in the future and already have recommended these services to other offices looking for intern/ administrative assistants.�

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The training students receive at EBC makes them ideal job candidates for area employers and, administrators say, business owners notice. “We receive regular feedback that our graduates are well-prepared for the work force,� says McCaughtry. “That is the exact outcome we expect.�

As one of the region’s oldest and most reputable career training schools, EBC has attracted a dynamic student body. Of those students, ages 18 to 65, enrolled at EBC, 40 percent are considered “traditional,� coming from area high schools in the tri-state region, while 60 percent of EBC’s student body are “nontraditional,� those attending EBC to change careers or continue their education.

According to Andrew Linder of Associated Clinical Laboratories/Clinical Pathology Institute, “We have been very impressed with the technical and professional skills that EBC interns bring to our patients and facilities. They are the model of what we look for when hiring phlebotomists.�

The increasing demand for retraining, administrators say, goes hand in hand with the economy. “Usually during an economic downturn,� says McCaughtry, “employees who have been displaced look to school for training – whether it is a new career or honing their current skills.�

At the JFK Center, Planner Karen Grettler notes, “The John F. Kennedy Center has been exceptionally pleased with Erie Business Center externship and work study students. In the past 18 months, JFK has had three students – a youth clerical assistant, a bookkeeping assistant and an administrative assistant. The students have a good work ethic and job-ready skills. The bookkeeping assistant is now employed as bookkeeper at JFK!�

And with diploma and degree programs, EBC students can get the education they need to start their careers much earlier. In fact, depending on the program, tuition at EBC begins at less than $1,000, one of the most affordable tuition rates in the region. Approximately 90 percent of EBC’s student population receives some type of aid, including employer tuition reimbursement. The Erie and New Castle campuses also are centrally located and easily accessible by public transportation – another advantage, for both students and the communities in which the schools operate.

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For staffing assistance, many employers already have established relationships with EBC to get the help they need. “I have called on the Erie Business Center to assist me with finding the right candidates from administrative

Economically, “We help the downtown – taxes, buses, and in between classes, students go out to the restaurants and shops,� says McCaughtry. “We’re proud to be here.� The Erie Business Center, administrators say, always strives to be a good community partner. EBC students, faculty and staff are involved in many community and charity events, from the Bloodmobile at the Erie Community Blood Bank to a clothing drive for the Refuge, and volunteering their time at the Emmaus Soup Kitchen and at the Erie SeaWolves – all while balancing a full course load. “Many of our students have jobs, families and other responsibilities,� says McCaughtry. “But they go above and beyond and help the community� – and, at EBC, build successful futures. For more information, visit www.eriebc.edu.

14 < www.mbausa.org < July 2009

EBC’s ability to provide employers with skilled, dependable employees is a credit to the school’s faculty and staff, many of whom bring years of industry experience to the classroom.

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HR Connection OVER 40 PERCENT OF EMPLOYERS OFFER EDUCATION REIMBURSEMENT Forty-six percent of employers provide reimbursement to employees for the continuing education units required to maintain professional certifications, according to a recent survey by Robert Half Finance & Accounting. According to the survey, 29 percent of respondents said their companies offer full reimbursement, and 17 percent said their companies offer partial reimbursement. Half said their companies provided no reimbursement. “Companies that support continuing education signal they are committed to the professional development of their staff, which could give these firms an edge in their recruitment and retention efforts,” said Max Messmer, chairman and CEO of Robert Half International Inc. “While education benefits rarely are the sole criterion for accepting a position, they can tip the scales in an employer’s favor in a

*NSURANCE 1OSTINGS FROM 1ATTY Under

the CHIP (Children’s Health Insuranc e Program) Reauthorization Act, employer-sponsor ed group health plans now must extend new special enrollme nt rights for employees and their dependents that experienc e certain CHIP or Medicaid events. As of April 1, covered group health plans must offer mid-year enrollment to eligible emp loyees and dependents that either lose state coverage through Medicaid or CHIP programs or become eligible for state premium subsidies. Covered plans also must provide noti ce of these new special enrollment rights. For more informat ion, contact me at 800/815-2660, 814/833-3200 or psm ith@mbausa.org.

competitive hiring environment.” EROSION OF JOB SKILLS IS GROWING CONCERN, SURVEY SHOWS The effects of a global recession and a rapidly changing workplace are creating anxiety for those people whose skills might not be adequate to help them find work and compete in a global market, according to a survey by global staffing

firm Kelly Services. The workplace survey finds that more than 80 percent of individuals surveyed are concerned that their current skill levels will not sustain them for more than five years. Nearly half of the respondents say training currently provided by employers is not sufficient to enable them to upgrade their skills and advance their careers.

Contractors & Construction Managers ~ Since 1906

16 < www.mbausa.org < July 2009

Patty Smith is the director of Emplo yee Benefit Services at the Manufactur er & Business Associa tion.

DEPARTMENTS > Contact: John Onorato

Training Time as Working Time The time that non-exempt employees spend in training or meetings is often considered “hours worked” and requires compensation. But federal regulations provide guidelines on when training time is commensurable. According to these regulations, “attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met: 1) Attendance is outside of the employee’s regular working hours; 2) Attendance is in fact voluntary; 3) The course, lecture, or meeting is not directly related to the employee’s job; and 4) The employee does not perform any productive work during such attendance.” Note that all four of these criteria must

be met; if not, the time is paid working time. In many cases, training and meetings are required by the employer and, on that basis alone, will not meet all four criteria. This can include certain tests that are required for employment. For example, orientation is generally not voluntary, and is related to the employee’s job, so time spent in orientation must be counted as working time, and must be paid. It’s also critical to note that attendance is not “voluntary” if the employee believes that failure to attend would adversely affect his working conditions or employment. Training is considered directly related to the employee’s job if it is designed to make the employee handle his job more effectively as distinguished from training him for another job, or for a

new or additional skill. Of course, if an employee, on his own initiative, attends an independent school, college, or independent trade school after hours, the time is not “hours worked” even if the courses are job related. For more information, call me at 814/833-3200, 800/815-2660 or e-mail sbruce@mbausa.org. Stacey Bruce is a PHRcertified specialist at the Manufacturer & Business Association. She is responsible for ensuring companies are in compliance with employment laws and other regulations.

July 2009 > www.mbausa.org > 17

OntheHill

DEPARTMENTS > Contact: Sheila Sterrett

‘Cap and Trade’ — A Tax by Any Other Name Ashley Borchilo is a government relations specialist and registered lobbyist at the Manufacturer & Business Association.

Although there is no empirical or scientific evidence to support global warming, members of Congress believe the concept is reliable enough to move forward on reducing carbon dioxide (CO2) emissions. While many people find the discussion in Washington over “cap and trade” baffling, Manufacturer & Business Association-opposed legislation such as the American Clean Energy and Security Act of 2009, would serve as yet another tax on American families.

Regulation of a Naturally Occurring Gas Carbon dioxide is a widespread byproduct of fossil fuel combustion – including coal, oil and natural gas, which currently provide 85 percent of America’s energy. Concern that CO2 emissions are gradually warming the planet has fueled some to champion global warming as their environmental “issue of choice.”

One proposal to address global warming is cap-and-trade legislation. Cap-and-trade legislation would impose strict limits on the emission of six greenhouse gases, including CO2, and allot companies “allowances” based on emission history. Those that use less CO2 than permitted could sell their extra emissions to other high energy-consuming industries that are not so fortunate.

centigrade by 2095. European countries participating in the 1998 Kyoto Protocol have incurred significant costs while failing to reduce emissions. In fact, nearly every participant has higher emissions today than in 1997 – with emissions actually rising at a faster rate than that of the United States – and not including India and China, two of the world’s largest polluters.

Escalation of Energy Rates

Although the exact costs of the legislation are unknown, studies have predicted cap and trade’s national economic impact based on the Lieberman-Warner Climate Security Act of 2007. A study by the National Association of Manufacturers (NAM) and American Council for Capital Formation deduced that by 2030, cap and trade could lead to electricity price increases of up to 129 percent and gasoline price increases of up to 145 percent. Manufacturers would be especially hard hit, as the industry consumes one-third of all energy in the United States. Additionally, the EPA concluded that cap and trade could increase the cost of gasoline 26 cents per gallon by 2030 and 68 cents by 2050. The rising cost for coal, oil and natural gas would increase gasoline prices in Pennsylvania between 74 percent and 143 percent by 2030. Electricity prices would

increase from 78 percent to 113 percent, and Pennsylvanians would pay between 93 percent and 133 percent more for natural gas by 2030.

Millions of U.S. Jobs Lost

Emission caps would negatively impact all major economic sectors, with job losses primarily due to lower industrial output, higher energy costs, the high price of compliance and greater competition from overseas manufacturers with lower energy costs. The same study by NAM speculates that cap-and-trade legislation could lead to the loss of up to 4 million jobs in the United States.

Less U.S. Competitiveness

While Americans understand the importance of protecting the environment and are dedicated to greater environmental sustainability, we cannot solve climate change issues without federal policies that allow businesses to remain competitive. Public policies and mandates like cap and trade continue to drive out manufacturers by imposing nonproductive structural costs and would put the United States at a serious economic disadvantage without any justifiable environmental benefits. Visit www.mbausa.org to register for the Association’s July 14 cap-and-trade forum.

Government-Imposed Rations on Energy

Cap-and-trade legislation promises outlandish costs to the American economy with little benefit to global temperature. A compulsory government ration on coal, oil and natural gas, cap and trade would drive up the cost of fossil fuels while forcing individuals and businesses to use less resources. By interfering with market forces, it would create an unmatched level of government intervention in the economy and energy sector.

Minimal Impact on Global Temperature

The Environmental Protection Agency (EPA) has shown through analysis that cap and trade’s impact on global temperature would be minimal, as a 60-percent reduction in CO2 emissions by 2050 would reduce global temperature by merely 0.1 to 0.2 degrees July 2009 > www.mbausa.org > 19

Legal Q&A I HAVE AN EMPLOYEE WHO IS AN “FMLA FREQUENT FLYER” AND JUST TOLD ME THAT SHE WILL BE TAKING LEAVE AGAIN THIS YEAR. MAY I SEND HER A LETTER SAYING THAT ANY SUBSEQUENT LEAVE AFTER SHE FINISHES HER FMLA ALLOTMENT WILL RESULT IN HER TERMINATION? Your facts are similar to the case of Almeiday v. Althena. In response to the employee’s request for additional FMLA leave, the employer allegedly asked, “Does this mean you’re going to take another three months off?” Then, the day following the second request for leave, the supervisor sent a letter to the employee stating: “Please be advised that any time taken beyond the five

weeks of remaining leave between now and September 28, 2006 will result in the loss of benefits and termination of employment under the law.” The employee was terminated four days later, before she took any FMLA leave. The employee sued alleging retaliation and interference with FMLA rights. The court held that the combination of the supervisor’s statement, the threatening letter, and the fact that the employee was terminated four days later before she could take any FMLA leave, suggested that the employer was displeased with the employee’s request for additional FMLA leave. I HAVE A WORKER WHO WANTS TO TAKE FMLA FOR HIS “MEDICAL CONDITION.” I TOLD HIM

HE WOULD NEED THE FORM SIGNED BY A PHYSICIAN. HE RETURNED A FORM SIGNED BY HIS CHIROPRACTOR. SHOULD I ACCEPT THIS? Section 29 CFR 825.118 defines FMLA covered health-care providers to include “a health-care provider from whom an employer or the employer’s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.” The answer is, it depends. If your group health plan benefits includes chiropractic care, then you should consider this notice from a “health-care provider” and accept the form.

Dedicated to Giving Your Business the Lowest Possible Energy Costs in Pennsylvania. The battle against soaring energy prices continues across Pennsylvania. Anticipating substantial increases in electricity costs, coupled with the fluctuation of natural gas prices, companies of every size and type are seeking alternative energy suppliers. On behalf of you, our members, the Manufacturer & Business Association has established the Energy Cooperative of Pennsylvania (ECPA), which will act as a not­for­profit supplier for our membership. By leveraging our significant buying power and eliminating broker commis­ sions and marketing costs, we are able to buy electricity and natural gas in large quantities at wholesale prices – and pass that savings directly on to you. Call Dave Bell at 814/833­3200 to learn more about how !"#$%&#'()*''%+,)%&*)*-.%/$"0%.1('%*2+(.()3%4$"3$,05 20 < www.mbausa.org < July 2009

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DEPARTMENTS > Contact: John Onorato

Special Rules for FMLA and Education The U.S. Department of Labor (DOL) has issued sweeping revisions to its regulations implementing the Family and Medical Leave Act (FMLA). Despite the many recent changes to the federal regulations, private elementary and secondary schools remain subject to “Special Rules� that give the schools more flexibility than other employers when responding to employee requests for family or medical leave. The Special Rules apply only to “instructional employees� whose principal function is to teach and instruct students in a class, small group or individual setting. Instructional employees typically include teachers, coaches, driving instructors, sign language interpreters and other special education assistants. How the Special Rules apply depends upon the timing and duration of the requested FMLA

leave. The DOL recognizes that disruptions of the learning environment harm students and unfairly burden school administrators. Accordingly, the DOL crafted these Special Rules to help minimize the burden that FMLA leave imposes on schools while at the same time protecting the rights of teachers and other instructional employees to take leave. Special Rules apply to instructional employees requesting leave near the end of an academic term, a particularly crucial period for teachers and students. For example, if an instructional employee begins FMLA leave more than five weeks before the end of a term, the school may require the employee to remain on leave until the end of the term if the requested leave is expected to last at least three weeks and the employee would otherwise

return to work during the last three weeks of the term. The full text of these Special Rules can be found in the Code of Federal Regulations, Title 29, Section 825.600. For more information about this topic, please contact me at 814/833-3200, 800/815-2660 or tlamary@mbausa.org. Tammy Lamary is Labor & Employment Counsel for the Manufacturer & Business Association’s Legal Services Division. She assists member companies with their legal needs, including hotline calls, contract drafting and negotiation, employee handbook review and drafting, and selective litigation.

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Events

104th Annual Event

For complete photo coverage, visit www.mbausa.org.

Penn State Football Coach Joe Paterno got high-fives from the Manufacturer & Business Association Board of Governors as he was cheered on stage.

More than 1,600 business and community leaders attended this year’s sold-out Annual Event at the Bayfront Convention Center featuring Keynote Speaker George W. Bush, 43rd President of the United States.

Association Chairman Mark Kulyk of Rogers Brothers Corporation, with his family, welcomed the Bushes to the 104th Annual Event. Paterno gave a thumbs-up to the crowd after being introduced as the honorary 13th member of the Board of Governors. Former First Lady Laura Bush accompanied President Bush on his visit to Erie.

Mrs. Bush was greeted by thunderous applause when she was introduced.

22 < www.mbausa.org < July 2009

Each guest at the event received a collector’s copy of the 2009 Annual Report of the Business Magazine.

The Young People’s Chorus of Erie sang the National Anthem, under the direction of Jason Bishop, Ph.D.

EVENTS > Contact: Karen Torres

Renée Mauborgne, co-author of the bestseller, Blue Ocean Strategy: How to Create Uncontested Market Space and Make the Competition Irrelevant, formally announced the selection of the Association as the Blue Ocean Strategy Center in the United States.

Highmark Blue Cross Blue Shield, represented by Cynthia Kucenski (second from right) and other Highmark officials, also was a major sponsor, shown here with President and Mrs. Bush. More than 150 students from the Young People’s Chorus of Erie performed.

The crowd listened intently to Renée Mauborgne’s remarks about Blue Ocean Strategy. An exclusive, executive-level workshop was held the next morning at the Association. At right: Each of the Annual Event’s special guests signed a custom poster that will be displayed in the Association’s headquarters. Below: Mary and John B. Pellegrino, Sr., P.E. (center) of Ridg-URak, Inc. attended the reception with friends and family. Ridg-URak has been a major sponsor of the Annual Event for many years.

President and Mrs. Bush met privately with a small group of business leaders before his keynote address.

July 2009 > www.mbausa.org > 23

President Bush responded to questions submitted by the audience, with topics ranging from his legacy to 9/11 and international affairs.

Gary Schneider and his wife, Sue, stand in front of the set designed by Howard Industries.

J. David Bell, president of the Energy Cooperative of Pennsylvania Inc., a major sponsor, attended the event with his wife, Marla.

Association Board Chairman Mark Kulyk unveiled the drawing of President Bush and his father that was created by local artist Jeff Yonkers (second from left).

Miss Pennsylvania International Jordyn Colao with Coach Paterno.

Marlene Mosco, representing sponsor PNC Financial Services, and guest greeted President and Mrs. Bush.

Reverend Monsignor Robert J. Smith, vicar general for the Diocese of Erie, led the invocation.

24 < www.mbausa.org < July 2009

Hundreds of guests gathered in the hallway of the Bayfront Convention Center for an elaborate reception.

Ki Kim and representatives of major sponsor UPMC Health Plan greeted the former president and first lady.

Winners of the 2009 Patrick R. Locco Scholarship Awards were Nicolaus Mulidoro, Crawford County Area Vocational-Technical School; Eric Velazquez, City of Erie Regional Career and Technical School; and David Rhodes, Erie County Technical School. Not pictured: Ryan Moyer, Corry Area Career and Technical Center.

Jim Rutkowski Sr. of Industrial Sales & Mfg. talked with Coach Paterno.

The Rutkowski family of sponsor Industrial Sales & Mfg., Inc. with the president and Mrs. Bush. The Brig Niagara was docked next to the Bayfront Convention Center throughout the night for guests to admire.

Lorenzo Simonelli, president and CEO of GE Transportation (center), with guests.

Alan Balla of sponsor Buck Consultants and his wife, Sue, enjoyed the reception.

Immediate Past Board Chairman Tim Shuttleworth, president and CEO of Eriez Magnetics, and his wife, Annalynn (center), mingled with guests.

July 2009 > www.mbausa.org > 25

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In The Bank

EDITORIAL > by Norb Kaczmarek

Understanding Credit Scores What is a Credit Score? A credit score is a number calculated based on your credit history and gives lenders a simple “lend or don’t lend” answer when considering approving a loan. Your credit score constantly changes as new information is added. The most commonly known credit score is the FICO score, developed by Fair Isaac and Company, Inc. Lenders use a credit score to determine the level of risk associated with approving a loan and the appropriate interest rate for that level of risk. A credit score can range from 300 to 900. The higher the credit score, the lower the risk. How is Level of Risk Determined? The system awards points based on information contained in the credit report and the resulting score is compared to other consumers with similar profiles. With this information, lenders can predict how likely someone is to repay a loan and make payments on time. The lower scores have a higher percentage of late payments and defaults and, thus, a greater risk is assumed by the lender. Calculating Your Score Think of your credit score as you would a grade in school. A teacher calculates your grade by taking scores from tests, homework and class participation. The teacher will weigh each according to importance and arrive at a number or letter grade. Your credit score is calculated in a similar manner. Your score is determined by the following factors: • 35 percent of the score is based on your payment history.

The score is affected by the late payment of bills, collections and bankruptcies. The more recent the activity, the worse it will be for your credit score. • 30 percent of the score is based on outstanding debt. How much do you owe on your car, mortgage or credit cards? The more cards you have that are at their limit the lower your score will be. The rule of thumb is to keep your card balances below 25 percent of their limit or less. • 15 percent of the score is based on the length of time you have had credit. The longer you have had established credit the better it is for your overall score. • 10 percent of your score is based on new credit. Applying for new credit cards or loans will negatively affect your credit score. Be careful about accepting new credit card offers that you don’t need. Taking on more debt and multiple credit requests represent a higher credit risk, although FICO scores only consider inquiries made within the last 12 months. • 10 percent of the score is based on the types of credit you currently have. The number and overall mix of loans and available limits can make a difference. Try to limit your lines of credit to three or four, but there is no magic number or combination of accounts that you should or should not have. Your Score Affects… Your score not only affects whether

you get the loan; it also affects how much that loan is going to cost. As your score increases, your credit risk decreases. There also are other circumstances in which credit scores are considered such as your ability to be insured or obtain employment. Remember: Good credit pays! A poor credit score can have far-reaching negative effects. Your FICO score is based on the information in your credit report from the three major credit reporting agencies: Equifax, Experian and TransUnion. So it’s important to make sure that the information in your credit report is accurate. You can receive one free credit report each year under the Fair and Accurate Credit Transactions Act (FACT Act) at AnnualCreditReport.com. For more information, contact the Erie Federal Credit Union at 814/825-2436 or 800/480-0494, or visit the Credit Union’s Web site at www.eriefcu.org.

Norb Kaczmarek is CEO of the Erie Federal Credit Union (Erie FCU) and the former chairman of the Pennsylvania Credit Union Association. He has held the CEO position for 40 years and is responsible for the growth of the credit union, which is the largest credit union in Northwestern Pennsylvania. He has more than 40 years of lending experience and has been recognized at the state level for his financial literacy initiatives.

July 2009 > www.mbausa.org > 27

People Buzz BURNSIDE RECEIVES REGIONAL LEADERSHIP AWARD Beth Burnside, owner of CMIT Solutions in Erie, was recently presented with a 2009 Regional Leadership Award for giving back to the organization and mentoring new and prospective franchisees. She also was presented the Guardian Award for outstanding sales and marketing efforts in the area of data backup and disaster recovery systems for businesses. Recently, Burnside was elected as the 2009-2010 representative for the Midwest Region on CMIT Solutions’ Franchise Advisory Council and selected for membership to the CMIT Solutions Pacesetters, a group of the highest performing franchises that collaborate on strategy and business development for the whole franchise system. HONOR SOCIETY INDUCTS DECISION ASSOCIATES’ EXEC Jim Ryan of Decision Associates was recently inducted into the Profiles International Honor Society at the 2009 Profiles International Global Conference in Fort Worth, Texas. Additionally, Don Golding has been hired as an executive consultant. Golding, who recently relocated to Erie from Michigan, offers more than 20 years of experience in buying, reviving, growing, merging and selling small manufacturing firms. 28 < www.mbausa.org < July 2009

ATHENA POWERLINK TO WORK WITH MOORE RESEARCH The Erie ATHENA PowerLink® Governing Body has selected Colleen Moore Mezler, Moore Research Services, Inc., to receive free business guidance as part of the ATHENA PowerLink program. Moore Research Services, Inc. is a nationally known full-service market and opinion research company headquartered in Erie. H&H MACHINED PRODUCTS UNDER NEW OWNERSHIP Andrew Foyle has recently purchased H&H Machined Products, a Fairview Township-based manufacturer of

EDITORIAL > Contact: Karen Torres

custom precision-machined parts for a wide array of OEM applications. Founded in 1980, H&H specializes in all types of machining and subassemblies. BURKE NAMED 2009 TULLIO AWARD RECIPIENT Dr. John D. “Jack” Burke, chancellor of Penn State Erie, The Behrend College, was named the recipient of the 2009 Louis J. Tullio Community Service Award, for his outstanding service to sustaining and improving the Erie region for present and future generations. Burke, who first joined the college in 1981 and has led Penn State Behrend since 2001, has served in numerous leadership roles in the Erie community.

SAINT VINCENT HONORS AUXILIARY MEMBERS Sixteen members of the Saint Vincent Health System Auxiliary were recently honored for serving 200 hours or more in 2008. The highest contribution was made by Kevin Meyer who volunteered a total of 800 hours. Top honors went to Santa Merrifield for 25 years of service, Barbara Miller for 30 years, and Margaret Krivonak for 50 years of service. The Saint Vincent Health System Auxiliary, a group of more than 280 active volunteers, recently presented $85,000 to Saint Vincent Health System for three projects during their annual recognition luncheon. The largest Dan Edgar, president of the Saint Vincent Auxiliary; Margaret award, $55,000, Krivonak, volunteer with 50 years of service; Barbara Miller, volunteer with 30 years of service; Santa Merrifield, was presented to volunteer with 25 years of service; Angela Bontempo, CEO The Saint Vincent Saint Vincent Health System; and Tony Bruno, director of Cancer Treatment and Volunteer Services at Saint Vincent Health System. Research Center. The Children’s Miracle Network will receive $10,000; and $20,000 was for the Saint Vincent Nursing Scholarship Fund.

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422_1_UPHP Small Biz_MANP RESIZE:Layout 1

4/30/08

9:41 AM

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PRSRT STD US POSTAGE PAID ERIE, PA PERMIT #199

% )+! $+ #+$ + &$ $$ $ What’s Inside. Plans for Small Businesses

+ &$ $$ $+ # +& "& + + # +% #+ $ + %*$+( )+ + % + + $ + + ! +% +$! )+ # $$+% + $+ + ! $+( % + ( #+% + + ! ) $ + + % *$+Small Business Advantage $+ + !# $ ' +! +( % + + % + & %+ % + &$% #+$ #' +% +( + !!# % +% +& "& + $+ +$ + &$ $$ $ + +! + & $+ + ! + + % + ( $$+ $ #' $ +

+ $ #' $ + + ' $ + $ & %+ %( # + + # )+$ #' $+ # + $$ $%+ # + + + + ' +% + !+ ! ) $+ +% #+ % + # + &%+( %*$+ $ + + (+% +!&%+ + % + *$+Small Business Advantage % +( # + #+) & +' $ %+upmchealthplan.com/smallbusiness.

Erie Office: Village West #13 3330 West 26th Street 814-833-6633 This managed care plan may not cover all your health care expenses. Read your contract carefully to determine which health care services are covered. If you have questions, call Member Services at 1-888-876-2756.

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