Friday, November 1, 2013

School Board Approves Fact-Finder's Recommendations



Saucon Valley teachers also meet, decide to give members more time to vote on report that could end contract gridlock

Saucon Valley School Board, in a step to end contract gridlock with district teachers, accepted a fact-finder's recommendations for a new contract Wednesday night.

The board said it's ready to make the acceptance official at next Thursday's board meeting.

Saucon Valley Education Association—the teachers union—also met Wednesday night to discuss the recommendations and decided to give its membership more time to review them before voting.

The school board action was announced in a news release by district superintendent Sandra Fellin.

The education association action was announced in an email to Patch from Jim Colbert, the association's chief negotiator.

If both sides accept the fact-finder's recommendations, they will become binding, according to a recent story in the Express-Times.

Fellin's release did not say what the fact-finder recommended. The release said if the education association rejects the recommendations, they will be made public by the Pennsylvania Labor Relations Board. The release also said the union will again have a chance to vote on the recommendations.

The 189 teachers represented by the association have been working without a contract since June 30, 2012. Talks on a new pact began in January 2012. Teachers went out on strike in fall 2009 before the most recent contract was adopted. They also went out on strike in 2008 and 2005.

Fellin's release quoted Ed Inghrim, chairman of the school board's negotiating committee, as saying the recommendations "reflect a significant modification from the table positions of both the Saucon Valley Education Association and the Board of School Directors of the Saucon Valley School District."

Inghrim continued, "The negotiating team is absolutely convinced that this report represents where both parties need to move to in order to get to a fiscally sustainable settlement and that is and, will be, our recommendation at the Nov. 7 meeting."

Colbert, in his email, pointed out that state law allows a 10-day consideration period of the fact-finder's report, which he said was issued Monday (Oct. 28).

"We did share the report with our membership last evening," Colbert said. "As you could imagine, due to the large amount of information in the report, the decision was made to allow the members more time to review the report before they vote. We will inform you of the vote as soon as possible but certainly no later than Thursday, Nov. 7."

According to a recent story in The Morning Call, two issues that have become sticking points are a teacher retirement incentive program and the decision-making process for teachers who want to obtain a district-paid graduate degree.

Fellin's release also quotes school board president Mike Karabin as saying, "Both the union and the school board jointly went into this fact-finding process in order to find some middle ground to resolve our difficult issues. Though the negotiating team was not pleased with all of the recommendations, on balance we believe that the fact-finder did an excellent job in balancing the need of our community to have responsible taxation and the need for our faculty to be paid fairly.

"We remain hopeful that when the association votes [it] will approve the report due to its equitable nature and [the] association's responsibility to our wonderful school community," Karabin said.

The association, also frustrated by the lack of progress in contract talks, in September asked for a state mediator to enter the talks.

Fellin identified the fact-finder as Rochelle Kaplan. She was appointed by the labor relations board.

Saucon Valley School Board meetings are normally held on the second and fourth Tuesday of each month at 7 p.m. in the high school Audion room. But the meeting was changed to Thursday, Nov. 7 in anticipation of the fact-finder's recommendations, an Express-Times story said.

In wake of building collapse, Nutter appoints panel to probe L&I



Mayor Michael Nutter announced the creation of a new group to review and evaluate the Department of Licenses and Inspections in the wake of the June building collapse that killed six people and injured 13.

The group's creation comes at the behest of survivors and family members of those killed in the tragedy.

The group is tasked with reviewing and evaluating L&I’s past and current operations, organizational structure, staffing and requirements, budget, use of technology and the city’s fine structure for violations of the city code.

A final report is due by July 1, 2014.

“This Special Commission will take an in-depth and independent look at the Department of Licenses and Inspections,” said Mayor Nutter. “As Mayor, I want to ensure that all of our departments are performing to the highest standard, and this Commission will provide a detailed analysis on L&I’s practices and procedures as well as recommendations for improvement. I want to thank the Commission members for choosing to serve the public in this capacity.”

The Commission includes the following people:

  • Emily Bittenbender, Managing Partner, Bittenbender Construction
  • Ryan Boyer, Business Manager, Laborer’s District Council of Philadelphia and Vicinity
  • Robert Brehm, Associate Teaching Professor, Drexel University
  • Lorraine H. Brown, Ph.D., Chairman and CEO, The Temple Group, Inc.
  • Jim Dollard, Safety Director, IBEW Local 98
  • Anne Fadullon, Incoming President, Building Industry Association of Philadelphia
  • Scott Knowles, Director, Great Works Symposium and Associate Professor, Drexel University
  • Steven S. Lakin, Executive Managing Director, General Building Contractors Association, Inc.
  • Angelo Perryman, President and CEO, Perryman Building and Construction Services
  • Councilwoman Maria Quiñones-Sanchez, 7th Councilmanic District
  • Gregory C. Stewart, Vice President, Gilbane Building Company
  • Francis Vargas, Project Manager, Allied Construction Services
  • Ex-Officio Members are:
    • John Elfrey, Director of Operations, Mayor’s Office of Transportation and Utilities
    • David Perri, Streets Commissioner
    • Barry Scott, Risk Manager, Office of Risk Management
  • John Elfrey, Director of Operations, Mayor’s Office of Transportation and Utilities
  • David Perri, Streets Commissioner
  • Barry Scott, Risk Manager, Office of Risk Management

DC-area construction contractor to pay $875,000 to settle discrimination case with US Labor Department



Nearly 400 minority applicants to receive back wages as company reviews hiring practices

DULLES, Va. — The U.S. Department of Labor today announced that federal construction contractor M.C. Dean Inc. has settled allegations that it failed to provide equal employment opportunity to 381 African American, Hispanic and Asian American workers who applied for jobs at the company's Dulles headquarters. A review by the department's Office of Federal Contract Compliance Programs determined that the contractor used a set of selection procedures, including invalid tests, which unfairly kept qualified minority candidates from securing jobs as apprentices and electricians.

"Our nation was built on the principles of fair play and equal opportunity, and artificial barriers that keep workers from securing good jobs violate those principles," said OFCCP Director Patricia A. Shiu. "I am pleased that this settlement will provide remedies to the affected workers and that M.C. Dean has agreed to invest significant resources to improve its hiring practices so that this never happens again."

Under the terms of the agreement, M.C. Dean will pay $875,000 in back wages and interest to 272 African American, 98 Hispanic and 11 Asian American job applicants who were denied employment in 2010. The contractor will also extend 39 job offers to the class members as opportunities become available. Additionally, M.C. Dean has agreed to undertake extensive self-monitoring measures and personnel training to ensure that all of its employment practices fully comply with Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating in employment on the bases of race, color and national origin.

M.C. Dean is a construction, design-build and systems integration corporation with more than 30 offices worldwide. Since 2006, the company has held more than $600 million in contracts with federal agencies, including the U.S. Department of Defense.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit


A Less Taxing Environment - A SITE SELECTION INVESTMENT PROFILE PENNSYLVANIA



Pennsylvania reaps benefits of new legislation that lets businesses keep more of their profits.

The Keystone State may have unlocked the key to sustainable economic recovery: reducing the overall tax bill and freeing business from the burden of over-regulation.

If that sounds unfamiliar to observers of Pennsylvania politics, it may be time for them to take another look, say business leaders who are watching these changes take hold firsthand.

“The overall business climate in Pennsylvania is very good and is continuing to get better,” says Dan Fitzpatrick, Citizens Bank president for Pennsylvania, New Jersey and Delaware and chairman of the Greater Philadelphia Chamber of Commerce. “There have been a number of tax reform initiatives that have been enacted into law. The phasing out of the capital stock and foreign franchise tax has been very good. That tax was a disincentive for companies to build and invest in Pennsylvania.”

Since taking office in 2011, Gov. Tom Corbett has enacted a series of tax law changes designed to put more capital into the hands of expanding companies. In 2011, he signed into law a single sales factor apportionment for taxable years beginning in 2013. The move encourages businesses to locate within the commonwealth by weighing the tax base less on their presence in Pennsylvania and more on their sales in the state.

Also in 2011, the governor completed unemployment compensation debt refinancing, saving Pennsylvania businesses an estimated $150 million over seven years and providing for the long-term solvency of the system.

“My policy for growing the Pennsylvania economy is simple — more jobs, less taxes,” says Gov. Corbett. “Keeping taxes low keeps confidence high and that’s what drives business growth. It sends a clear message that if you are an entrepreneur with a strong business model or you are a growing business looking to expand, Pennsylvania is where you want to be.”

One of the governor’s earliest victories came with the passage of joint and several liability reform in 2011. As a result, Pennsylvania is no longer one of a handful of states where the legal system can hold a person, company or local government agency liable for 100 percent of damages despite that entity having only a minor role in any incident generating a lawsuit.

Other major initiatives pushed through by Corbett include:

Passage of Act 13 — Marcellus Shale legislation — creating fairness and equality for job creators in the energy field by providing long-term regulatory predictability.

Eliminating the inheritance tax on small business.

Raising the cap on corporate net income tax net operating loss deductions from $3 million or 20 percent of income to $5 million or 30 percent of income by 2015.

Creating a startup business tax deduction after Dec. 31, 2013, that allows new businesses to deduct up to $5,000 of startup costs from taxable income as an incentive for entrepreneurs to create new small businesses and invest these savings into equipment.

Phasing out the capital stock/foreign franchise tax, reducing the rate from 2.89 mills in 2011 to zero mills in 2016.

Repealing the tax on corporate loans, effective Jan. 1, 2014.

Passing tax appeals reform — a move that restructures the Board of Finance and Revenue within the Treasury Department to better address tax appeals functions.

Dan Fitzpatrick, Citizens Bank president for Pennsylvania, New Jersey and Delaware and chairman of the Greater Philadelphia Chamber of Commerce

On top of all these measures, the governor overhauled the state’s permit review processes. As a result, the Pennsylvania Department of Transportation now takes an average of just nine days to review permit applications and the Department of Environmental Protection now provides regulatory certainty, clarity and consistency across the DEP’s six regional offices.

The changes have had an immediate impact on business growth. Since January 2011, Pennsylvania ranks second in the nation in job growth, adding more than 130,000 jobs.

“Our unemployment rate remains the lowest it has been since the recession and businesses now want to come here, hire our workers and grow in Pennsylvania,” Gov. Corbett adds. “It’s a sign we are heading in the right direction and Pennsylvania’s economy is on the rise.”

This rise is reflected in a number of expansion projects recently announced in Pennsylvania. In the 2012-2013 calendar year, the state recorded 259 new corporate project engagements and 126 offers of assistance. Through the first two quarters of 2013, the state has already registered 135 new project engagements and is seeing increased interest from expanding companies.

On Aug. 13, the Curtiss-Wright Corp. announced that it will relocate a flow control facility from New Jersey to Bethlehem, Pa., and invest more than $7 million to support the move. The relocation project adds 95 jobs in Northampton County.

“We are thrilled to be relocating our operations to the Lehigh Valley and look forward to supplying our mission-critical products and services from our new, modern manufacturing, testing, warehousing and office facility,” said Todd Schurra, general manager for the global engineering and manufacturing company, which is building a 179,000-sq.-ft. facility.

On Aug. 8, Georgia PrintCo Northeast, a digital graphics manufacturer, announced that it will locate operations in Luzerne County and bring 25 jobs to the region. The company plans to purchase a 32,000-sq.-ft. facility in Pittston Township and invest more than $2 million into renovations, site improvements, new equipment and employee training.

Other recent deals in Pennsylvania include Gordon Food Service’s $80-million, 166-job cold-storage facility and distribution center in Findlay Township in Allegheny County and ABC Home Medical Supply’s 86-employee headquarters relocation to Exton in Chester County.

Citizens Bank’s Fitzpatrick says projects like these are a sign of things to come in Pennsylvania. “I believe the message is getting out about Pennsylvania’s improved business climate,” he says. “I applaud the governor for his trips abroad. Pennsylvania is definitely letting companies in other parts of the country know about our valuable resources and that we are open for business.”

Chris Masciantonio, general manager of governmental affairs for U.S. Steel in Pittsburgh, says that “the improvements in the corporate tax structure have been the most helpful in terms of elevating our business climate. Increasing the cap on the net operating loss carried forward is especially helpful to manufacturing companies like ours. And the legal reform that was signed into law was a big improvement for Pennsylvania. All of these changes are indicative of what the governor and the legislature are trying to do.”

U. S. Steel completed a $500-million investment into a new coke battery at the company’s Mon Valley Works plant (shown below) this year. The Clairton Plant C Battery Investment Program “represents our confidence in doing business in Pennsylvania,” says Masciantonio.