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 Dunivan Assumes Presidency of TCATA; Other Officers, Board Members Elected
(April 2012) - Bryant Dunivan, vice president of marketing and sales at the Energenics Corporation in Naples, Florida, assumed the presidency of TCATA at the Association’s recent annual management and educational conference in Williamsburg, Virginia. He will serve a two year term.
 Mr. Dunivan has been active with TCATA for many years, having served as vice-president of the machinery manufacturer membership division, chairman of the Clean Show Advisory Committee and as a board member since 2009. He also was chairman of the 2006 annual conference held in Bonita Springs, Florida.
Speaking about his role as president, Mr. Dunivan stated that he hopes to increase membership in the Association by looking to some of the newer type of companies that have evolved in a vastly-changed industry. “By educating these companies about the important role that TCATA plays in the industry, how the Association helps them to be successful in their business, and exploring the common goals we have, I hope to expand TCATA’s reach in the industry” he stated.
Mr. Dunivan also noted that, for both TCATA and for the Clean Show, markets outside of the United States are of ever-growing importance to manufacturers and distributors as a market for their products. He stated that the Association must keep this in mind as it evolves to meet the needs of its members.
“TCATA’s advocacy role on behalf of the allied trades with government legislators and regulators remains, and is in fact more important than ever. Pressures on business continue as new regulation continues to pour out from government at all levels,” he stated. “As president, I will work hard to show those in our industry who are not members why this work by TCATA is critical to their very survival.”
Mr. Dunivan has been with Energenics for nearly 30 years. He and his wife Theresa have three grown children, one a former Marine. In his free time, he enjoys (and struggles at) golf, spending time restoring his Mustang Mach One, and enjoys model building.
Roger Komins, founder of Package Supply in Avon, Massachusetts, took over as treasurer of TCATA, having served as treasurer-elect for the past year. Elected to vice presidential terms for the next year were:
- Tony Regan, American Dryer Corporation – Machinery Manufacturers Group
- D’Arcy McConvey, Dalex Canada – Distributors Group
- David Tingue, Tingue, Brown & Company – Supply Manufacturers Group
The Association also announced the election of members to serve on the Board of Directors for two year terms:
In the Machinery Manufacturers Group:
- Tony Regan, American Dryer Corporation
- Kim Shady, Laundrylux
In the Machinery Distributors Group:
- Jim Horwath, A. A. Horwath & Sons
In the Supply Manufacturers Group:
- Kevin Gavlak, Faultless Laundry Products Group
- Mark O’Bryan, CTS Packaging
- David Tingue, Tingue, Brown & Company
In the Supply Distributors Group:
- Gerald Henke, Intex Distributing
- Roger Komins, Package Supply Corporation.
Good Content + Historic Location = High Ratings for TCATA Conference
(April 2012) - Many of the "movers and shakers" in the textile care industry gathered in mid-April in historic Williamsburg, Virginia for the 2012 TCATA Annual Management and Educational Conference. "Great conference in a great area" was the overwhelming consensus of those who attended.
Leading the way in the success of the conference was a strong business program. Speaker Dean Minuto started the meeting with an unusual but intriguing topic – utilizing the latest findings in neuroscience to learn how to tap the "buy button" in the human brain. Attendees left this presentation with tangible ideas on how to change the marketing and sales of their products and services for maximum effectiveness. Hunter Lott was back for a return engagement to discuss ways that businesses can stay out of court. Always animated and full of energy, Hunter reviewed the important issues surrounding hiring and firing, pay scales, personnel manuals and a host of other topics important to any business owner. Finally, Sheila Kloefkorn outlined the ways that companies can use online marketing and social media to promote their business in a cost-effective way.
Carrying the theme Experience the Past, Prepare for the Future, attendees were able to do precisely that. The Williamsburg Lodge was within a very short walk of the colonial section of Williamsburg, where attendees were able to experience the past by exploring the wonderful history of that town and learning more about the important role it played in the founding of our country. One of the evening functions included a self-guided tour of the breathtaking Jamestown Settlement Museum. Governor Thomas Jefferson even made a surprise appearance on the final evening, during which he mentioned the importance of the textile care industry in colonial times by helping to maintain good hygiene and cleanliness. Through the education available both during the business program and in networking with colleagues, attendees were also able to prepare for the future.
Also on the final evening, two members were recognized for achieving a significant milestone in their membership in TCATA: Rosenberg Supply of San Antonio, Texas celebrates its 75th anniversary of membership in 2012 and Michael Steiner of the Steiner-Atlantic Corporation in Miami, Florida accepted an award in recognition of that company's 50th year of membership.
Conference Chairman Kevin Lawson of Tristate Equipment in North Carolina noted that "Those that attended this conference are the survivors in the industry. It is clear that the educational seminars and networking opportunities available at the TCATA conference have played a role in the success of their businesses, something that draws members back year after year."
TCATA's 2013 Conference will be held at the Rancho Bernardo Inn in San Diego, California from July 31 to August 3.
TRSA Celebrates Centennial Anniversary
The Textile Rental Services Association of America (TRSA), the only association representing independent, regional and national laundry operators and associates in the $16-billion reusable textile services industry, celebrates its 100th Anniversary in 2012. Most Americans benefit at least once a week from the cleanliness and safety provided by the industry—through its laundering and delivery of reusable linens, uniforms, towels, floor mats and other products for the healthcare, hospitality and industrial/manufacturing sectors.
 "TRSA members launder reusable textiles and provide other products and services that help businesses project a clean and attractive public image," said TRSA President & CEO Joseph Ricci, CAE. "Our industry reaches every major business and industrial region and city in the country."
Textile services companies maximize efficiencies for laundering uniforms, hotel and hospital linen, garments, and restaurant linen by utilizing high-capacity, high-speed laundry equipment to minimize cost and consumption of water, energy and chemistry. Most of these companies are family-owned and operated and have evolved from providing family laundry service in the late 1800s to serving the growing healthcare sector.
TRSA calculates that 1.8 million U.S. business locations are textile services customers generating roughly 15 billion pounds of laundry per year. Healthcare and hospitality businesses account for about two-thirds of the laundry volume with the balance to manufacturing and service industries that use customized work uniforms.
"Our industry has evolved as customer needs have evolved," noted Ricci, "Before the turn of the century, textile services companies delivered clean, reusable items by bicycle and horse-drawn carriage as a less costly, time-saving alternative. Reusable textile service has long been the greener, more sustainable alternative to disposable products, home and on-premises laundries by reducing waste and conserving water and energy."
Cotter Interviewed by Planet Laundry Magazine
(March 2012) - TCATA CEO David Cotter was interviewed in the March issue of Planet Laundry magazine, a publication of the Coin Laundry Association. Cotter was asked a series of questions both as CEO of TCATA and as chairman of the Clean Show – the interview is linked here.
Anniversary Milestones Achieved by TCATA Members
There are several TCATA member companies that are celebrating milestone anniversaries of their membership in the Association in 2012. We will be featuring these members in the TCATA Tidings newsletter throughout the year. We would like to thank them all for their many years of loyalty to TCATA and wish them many years of continued success.
Rosenberg Brothers Supply Celebrates 75th Anniversary
 Rosenberg Brothers Supply Co was founded in 1913 by Jacob and Samuel Rosenberg and was at the West Commerce, San Antonio, Texas location until it moved in the 1960's to its current location on North Flores Street. The company served the dry cleaning, laundry, tailor and hatters industry of San Antonio area from its inception.
Rosenberg Supply Co Inc. is a full line distributor carrying all accessories needed to run a dry cleaning and laundry facility. Included in its inventory are dry cleaning and laundry chemicals, packaging goods, covers, pads, and invoice systems for any dry clean or laundry business.
Reuben Briseno and his late father Jimmie Briseno, Jr. purchased the business in 1980. Reuben currently serves as president and the company continues to serve the dry cleaning and laundry industry of South and Central Texas. Rosenberg prides itself on superior delivery and great customer service. The company strives to continue serving to the best of its ability our customer's future dry clean and laundry supply needs.
TCATA thanks Rosenberg for its many years of support and wishes them many more years of success in business.
 Steiner-Atlantic Corporation Celebrates 50th Anniversary
Steiner-Atlantic Corporation is a 52-year-old distributor of commercial laundry and dry cleaning equipment, boilers, parts and service based in Miami, Florida. Founded by William Steiner in 1959, they serve companies of all sizes, both domestically and internationally. In addition to equipment and service, the company provides professional supervision and complete installations for resorts, hotels, cruise lines, dry cleaners, coin-ops and industrial laundries. Steiner-Atlantic represents some of the most reputable manufacturers in the industry, such as Milnor, Chicago Dryer, ADC, Cleaver Brooks, Fulton, Union and Unipress, just to name a few. Steiner-Atlantic's primary market areas are Florida, the Caribbean and Latin America.
 Since its establishment, Steiner-Atlantic has grown over the years and now has approximately 40 employees. In 1987, Bill Steiner's son Michael took the helm and has been the CEO ever since. It is one of the largest distributorships in the industry and prides itself on its integrity and impeccable reputation for customer service.
TCATA thanks Rosenberg Supply and Steiner-Atlantic for its many years of support and wishes them many more years of success in business.
Map Shows Economic Impact of Distribution
 (February 2012) - The distribution industry has often been referred to as perhaps the largest invisible economic sector in the country. The National Association of Wholesaler Distributors has compiled a map showing the economic impact of wholesale distribution in the United States. The detailed map allows the user to view the total economic impact of distribution by state and by congressional district, something that may not only be of interest, but is useful when working with national, state and local legislators and regulators to show them the power and influence of the industry.
Click here to view the map.
Study Shows Sustainability of Professional Cleaning
(January 2012) - A Dutch study reported on by the Europe-based International Committee of Textile Care (CINET) shows that professional cleaning of garments is on average twice as environmentally friendly as home cleaning. The independent study was undertaken to compare the professional cleaning process to home washing to determine which is more sustainable.
The study looked at energy and water usage, cleaning processes that place different emissions in the soil, water and air, and the chemical composition of detergents. In analyzing laundering at home, the study investigated how consumers utilize their home washers and dryers. For professional cleaning, the study assumed the use of modern, efficient perc, hydrocarbon and wet cleaning equipment and best practices of handling discharge and waste.
The study, "clearly shows that overall, professional cleaning is considerably more environmentally friendly than household washing, when taking into account the current state of technology, the correct working processes and a careful discharge of waste containing solvents. That means we can, once and for all, wipe out the image of the cleaning sector as the largest polluter," according to CINET.
"TCATA members, cleaners and their customers should be aware of this important study and spread the word so as to counter some of the false perceptions of the environmental impact of our industry," noted TCATA CEO David Cotter.
To view the full study, click here.
 Cotter Completes Term as Association Council Chair
(February 2012) - TCATA CEO David Cotter recently completed his term as chairman of the National Association of Wholesaler-Distributors' Association Executives Council, a group comprised of approximately 50 distributor associations. During his one-year term as chairman, Mr. Cotter helped plan the Council's semi-annual meetings and lead the way in setting goals for its' future. "The ability to share ideas, talk about common concerns and network with many of the best and brightest in the association world has been invaluable," he said. "I'm honored to have served as chairman, and will remain active in the Council." As past chair, Mr. Cotter remains on the NAW Board of Directors for one more year.
Who's Afraid of Social Media and Social Networking?
(January 2012) - The use of social media continues to grow in importance to businesses of all sizes. Below is an article about this from best-selling author Jeffrey Gitomer (some members may remember he was the keynote speaker at the 2001 TCATA Conference). The upcoming conference in April will feature speaker Sheila Kloefkorn on how businesses to use social media for greater profitability.
You're a chicken.
Let me correct that. You're a dumb chicken. You're out in the middle of the road, pecking for scraps of food, and an 18-wheeler is about to run you over.
LET ME EXPLAIN: Business social media has created the biggest chicken farm in the history of mankind.
But you're chicken to get involved with, or participate in, what will prove to be the biggest boom to business and sales since the creation of the Internet. The chicken farm is also known as "Corporate America."
Since a very small percentage of salespeople and business people in the country are taking total advantage of business social media, I'm assuming you fall into the chicken category. And I'm not just talking corporations and lawyers here. I'm talking you, the salesperson, are a chicken.
Here are the elements that may be holding you back from participating in Facebook, LinkedIn, Twitter, and YouTube to build your connections, your reputation, your business, and (of course) your sales: members click here.
 Schreiner to Head Fire Code Committee
(November 2011) Jim Schreiner of ADCO, Inc. in Sedalia, Missouri, was recently appointed by TCATA president Lawton Jones to head the joint TCATA/DLI Fire Code Committee. The main function of the committee is to ensure that the interests of the allied trades and dry cleaners are duly considered by fire code setting organizations and to try to effect changes to the codes where appropriate.
Jim is the Chief Operating Officer at ADCO, a manufacturer of chemicals for the dry cleaning industry. He holds a doctorate in chemistry has been with the company for 13 years. Jim has significant experience with fire codes, and is serving on the National Fire Protection Association's Technical Committee on Textile and Garment Care Processes, which oversees NFPA® 32 – Standard for Drycleaning Plants.
Ann Howell of Riddle & Associates to Retire
 (November 2011) John Riddle of Riddle & Associates in Atlanta, management company for the Clean Show, has announced the retirement of long-time employee Ann Howell at the end of this year. Many people who have attended a Clean Show have met Ann, who has served as communications manager at Riddle & Associates for 22 years.
The next Clean Show will be held in New Orleans June 20-22, 2013 and, although she's retiring, you may see her there. "I will continue to do a little bit of work with Riddle & Associates on some other projects and I will help out with the Clean Show if they ask me, but I'm not going to be in charge of anything," Ann said. She plans to work one or two days a week and hopes to spend more time with her six grandchildren and one great-grandchild. All of us at TCATA send our best wishes to Ann!
Cotter Attends CLAE Meeting
 (January 2012) - TCATA CEO David Cotter recently met with other association leaders in the dry cleaning and laundry industry at the annual meeting of the Cleaning and Laundry Association Executives (CLAE) group. He reports that there was a good exchange of information which included recent developments on chemical regulation, fire codes and how associations can assist their members in utilizing social media to become more profitable. "There is so much happening in the dry cleaning and laundry industry today - from government regulation to a long list of other issues - that it is more important than ever for associations to exchange information and work together for the good of our members," Mr. Cotter noted.
Export Opportunities
(November 2011) In response to several member requests, TCATA is increasing its efforts to inform members about export education and opportunities. An updated link to export information will soon be posted in the "Members Only" section of the website. CEO David Cotter recently participated in a webinar sponsored by the U. S. Department of Commerce on obtaining help in financing exports and growing business in India. The PowerPoint presentation from that webinar is available here.
Court Holds R. R. Street & Co. Inc. Not Liable In California Environmental Contamination Lawsuits
(August 2011) In a landmark decision, the Ninth Circuit Court of Appeals rendered its opinion holding R. R. Street & Co. Inc. of Naperville, Illinois not liable for contribution to perchlorethylene ("PCE") environmental cleanup costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") and California nuisance and trespass laws. In the Court’s published opinion, the Ninth Circuit held that Street, as an equipment manufacturer, was not liable as an arranger of hazardous waste as a matter of law because Street had not sold its product with the specific purpose of disposing of a hazardous substance.
Background
In the 1980’s, Team Enterprises, LLC (“Team”), a large dry cleaner in California’s central valley, disposed of contact wastewater containing perchloroethylene by pouring that wastewater down the sewer drain. After finding PCE in the soil, the California Regional Water Quality Control Board required cleanup. Consequently, Team sued Street, along with other dry cleaning equipment manufacturers and PCE solvent producers, seeking financial contribution for the incurred cleanup costs. In August 2010 a district court judge entered judgment in favor of Street, exonerating Street of any contribution liability.
Team appealed that decision, the primary focus of its appeal being that Street, as a result of its sale of a Puritan Rescue 800 filter-and-still combination to Team, was an arranger of hazardous waste under CERCLA. According to Team, Street was an arranger of hazardous waste because Street took intentional steps and planned for the disposal of PCE and because Street exercised control over the wastewater disposal process.
The Ninth Circuit rejected Team’s argument that Street intended to dispose of hazardous waste, stating that, “The self-evident purpose of the Rescue 800 was to recover and recycle usable PCE that would otherwise be discarded.” The Court also rejected Team’s argument that Street’s instructions to pipe wastewater to a pail or other suitable container amounted to Street exercising control over the disposal process. In a related appeal, in August 2011, the Ninth Circuit affirmed a United States District Court order dismissing claims against Street for contribution liability under the federal Resource Conservation and Recovery Act.
L. Ross Beard, Street’s Chief Executive Officer, said “We are pleased with the Ninth Circuit’s opinions. Street has a long history of responsible product stewardship and we will continue to vigorously defend any allegations or claims suggesting the contrary.”
Boost Your Rank on Google: 15 Essential Questions
(December 2011) Bob DeStefano of SVM E-Business Solutions addressed attendees of the 2010 TCATA Annual Conference last April on "How to Build an Online Marketing Machine." Bob, who was highly rated by those who heard him speak, has generously agreed to write several follow-up articles for TCATA members.
Click here for Bob’s article on the brand new Boost Your Rank on Google: 15 Essential Questions
Welcome New Members
TCATA is pleased to welcome the following new members:
D & T Industries - Phoenix, Arizona. D & T is a North American supply distributor for laundry, drycleaning, healthcare, hospitality and janitorial services. David LaPorte is president.
Sasol North America - Houston, TX. Sasol is an international manufacturer of surfactants used in detergents for the commercial laundry industry.
Canadian Government Says Siloxane D5 Not Harmful To Environment
(April 2012) - Canadian Environmental Minister Peter Kent has announced that the Government of Canada has decided that siloxane D5 – the liquid silicone used in the GreenEarth drycleaning process – is not harmful to the environment. "This decision follows a thorough analysis of the Siloxane D5 Board of Review's report, all existing available scientific information, and ongoing international regulatory activities," says Kent.
Tim Maxwell, president of GreenEarth Cleaning, Kansas City, Missouri, says, "We have always welcomed regulatory reviews like the one now concluded in Canada because they offer scientific, thorough and independent perspective on the environmental, health and safety profile of GreenEarth silicone. This builds nicely on CARB's (California Air Resource Board) affirmation of GreenEarth as an acceptable solvent alternative in 2008 after its exhaustive 18-month study."
EPA Officially Categorizes Perc as a "Likely Human Carcinogen"
(February 2012) - The U. S. Environmental Protection Agency (EPA) has officially categorized tetrachloroethylene – also know as perchloroethylene – as a "likely human carcinogen." The EPA went on, however, to note that it does not believe that wearing clothing dry cleaned in perc poses a health risk.
The new health assessment of perc is part of the EPA's Integrated Risk Information System (IRIS), which outlines health effects that might result from exposure to various substances. The new assessment replaces the 1998 assessment and, for the first time, includes a hazard characterization for cancer effects.
TCATA members who manufacture and sell perc are likely wondering what all this means. Members should note that toxicity values reported in the perc IRIS assessment will be considered in:
- Establishing cleanup levels at the hundreds of Superfund sites where perc is a contaminant.
- Revising EPA's Maximum Contaminant Level for perc as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency's drinking water strategy.
- Evaluating whether to propose additional limits on the emissions of perc into the atmosphere, since perc is considered a hazardous air pollutant under the Clean Air Act.
The detailed perc IRIS assessment can be found here.
New Federal Regulations Governing Truck Driver Hours of Service Finalized
(January
2012) Driving hours for commercial truck drivers are regulated by Federal "hours of service" (HoS) rules administered by the U.S. Department of Transportation's (DoT) Federal Motor Carrier Safety Administration (FMCSA). On December 27, 2011, FMCSA issued a Final Rule enacting a number of changes to the HoS rules which will affect wholesaler-distributors, both those who operate their own truck fleets and those who utilize the services of for-hire motor carriers. The most notable changes to the HoS rules include the following:
** Drivers must take a 30-minute break at least once in an 8-hour on-duty period.
** The 34-hour re-start period must include at least two 1:00 a.m.-5:00 a.m. periods.
** Use of the 34-hour re-start period is limited to once per week.
** The definition of "on-duty time" is changed to exclude: (1) Up to 2 hours in the passenger seat of a commercial motor vehicle (CMV) if that 2-hour period immediately precedes or follows an 8-hour period in a sleeper berth; and (2) All time resting in a parked CMV.
The compliance date for the new definition of "on-duty time" is February 27, 2012; the compliance date for the bulk of the new rule's provisions is July 1, 2013.
These changes to the HoS rules do not go as far as FMCSA had proposed on December 29, 2010 in its Notice of Proposed Rulemaking. It is important to note that no changes are made to the daily driving limit (11 hours) or driving "window" (14 hours), the 60-hour (in 7 days) or 70-hour (in 8 days) on-duty limits, or the limited exemption for drivers who return to the same place of business at the end of each daily tour of duty. However, the effect of these new regulations will nonetheless be widely felt. According to FMCSA, "FMCSA's new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week" from "82 hours within a seven-day period … to 70 hours." (See FMCSA's December 22, 2011 press release announcing the changes to the HoS regulations.)
To view the new final HoS rule (which is 212 pages in length) and/or several helpful documents related to it, please go to the FMCSA website and click on New Hours-of-Service Final Rule.
Driver Use of Hand-Held Cell Phones
(January 2012) - As of January 3, 2012, regulations prohibiting the use of hand-held cell phones by drivers of commercial motor vehicles (CMV) in interstate commerce went into effect. According to Transportation Secretary Ray LaHood, "Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses." Further, employers "that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000."
To view this new rule promulgated by the Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), click here.
To review a helpful FMCSA document titled "Frequently Asked Questions (FAQ)–Ban on Hand Held Cellular Phones," click here.
The new regulation follows the promulgation in September 2010 by FMCSA and last February by PHMSA of regulations banning texting by drivers operating CMVs. To view the texting ban rule which went into effect on October 27, 2010, click here.
NLRB Moves Ahead on "Ambush Elections"
(December
2011) The National Labor Relations Board (NLRB) has been considering for several months new rules governing "Representation Elections" – the procedures by which successful union organizing campaigns are handled by the Board and certification elections conducted. The new rules make significant changes to the current procedures, in many ways curtailing the right of employers to effectively participate in the certification election process, and denying workers access to information necessary for them to make informed decisions about whether they wish to be represented by a union.
The Coalition for a Democratic Workplace, of which TCATA is a member, and many of our coalition colleagues submitted comments to the NLRB this summer objecting to the proposed new rules, and provided witnesses for the Board's single one-day hearing on this controversial issue. Unfortunately, the Board majority chose to ignore most of the objections raised by the employer community, and will publish the final rule in the Federal Register on December 22nd. The new rules will take effect on April 30, 2012. Members will want to consult your own labor counsel to determine how and if these rules affect your company.
These "Ambush Election" rules are clearly designed to shorten the time between a successful organizing campaign and a certification election. (Historically, the shorter the time between an organizing campaign and a certification election, the greater the chance the union will win the election.) In many cases, an employer may not even realize that an organizing effort is underway until the petition is presented, and these new rules would leave the employer little time to prepare a response to the union. The new rules are extensive, and cover multiple aspects of representation case proceedings, including among many provisions:
- The method and timing of filing of documents;
- The scheduling of pre-election hearings;
- Requiring employers to provide a list of eligible voters within two days of a regional director's decision (seven days are allowed today);
- Requiring employers to provide telephone numbers and email addresses of their employees (only names and home addresses are now required);
- Restricting the employers' right to raise issues after the preliminary hearing;
- Limiting an employer's right to challenge the eligibility of employees in the proposed bargaining unit until AFTER the election unless 20% of the proposed unit is being challenged; and
- Eliminating the 25 day waiting period before an election is scheduled.
The Coalition for a Democratic Workplace and the U.S. Chamber of Commerce filed a complaint in the D.C. Federal District Court last night – within hours of the final rules being made public – and hope that our legal challenge to the new rules will proceed through the courts successfully and quickly.
In the interim, you can read a summary of the new rules provided by the NLRB: click here.
Summary of Health Care Reform Law
(January 2012) - Many TCATA members may be wondering what is happening with the health care law, something that has not been much discussed in recent months. With thanks to the Small Business Legislative Council, here is a recent update on this.
Until the Supreme Court rules on the constitutionality of aspects of the law, small businesses are in a "what to do about health care" decision limbo. If the Supreme Court rules it is all constitutional, then small businesses can begin to focus seriously on how they want to position themselves with respect to the future - whether to provide coverage or let their employees migrate to obtaining coverage through state exchanges.
It is unlikely that the Supreme Court will invalidate the entire health care law. The more likely scenario is that the Court could rule portions, most prominently the individual mandate, are unconstitutional but that other parts of the law remain valid.
In the meantime, there are two ongoing activities that are worth noting.
A significant number of States have moved to set up the health insurances exchanges established by the law and a good number of those States have received significant federal money to move beyond the planning stage. There is a good chance that at least some of the exchanges will try to operate even if parts of the law are ruled unconstitutional. Under the law, they are supposed to be up and running in 2014. In theory, individuals and small business would be able to purchase health care insurance through the exchanges. Exchanges would certify health plans as Qualified Health Plans (QHPs) to be offered in the Exchange. Under the law, the individual mandate is what gives the states exchanges "hefty" since most individuals would go to the exchanges to obtain coverage. The exchanges could still play a role in organizing competition without the individual mandate if the rest of the law is not invalidated.
There is also another movement afoot with down- the-road ramifications. The law provided for the creation of buying co-operatives. They will be geographically based, although they can be multi-state. They will be customer controlled, that is, individuals or businesses buying the coverage from them will control them. Some local groups of employers see these as an opportunity to control their cost destinies. The co-op could offer a plan that competes within a State's exchange against other plans. These co-ops are in their early stages of formation. There is some federal funding available for the start-up. A number of businesses in various areas of the country are in discussions about trying to tap the federal money to get a co-op running. The first round of funding is expected to be announced soon. Even if the individual mandate is ruled unconstitutional but the rest of the law is not invalidated, the co-ops could provide some leverage in the marketplace for small employers. For a more detailed summary, members can click here.
TCATA Works with EPA on NESHAP Revisions
(November 2011) - Kevin Lawson of Tri-State Laundry Equipment and David Dawson, formerly of R. R. Street and Company, represented TCATA at an October meeting with the Environmental Protection Agency (EPA) to discuss revisions to the dry cleaning National Emissions Standards for Hazardous Air Pollutants (NESHAP). This meeting was the continuation of a process that began in June 2010 in response to a court-ordered remand of the NESHAP subsequent to lawsuits filed by both industry and environmental groups dissatisfied with the provisions of regulatory changes required by the revised standards.
Mr. Lawson and Mr. Dawson report that much of the meeting was spent informing and updating EPA staff regarding the use of various solvents, types of equipment in use and other fundamental information about the industry. Other industry representatives at the meeting included Nora Nealis of the National Cleaners Association, Mary Scalco of the Drycleaning and Laundry Institute, and Faye Graul and Caffey Norman of the Halogenated Solvents Industry Alliance. The group also discussed the need for modernizing regulations governing emissions from petroleum solvent plants and the conflicts created between EPA regulations and building codes.
Environmental activist groups are pressuring EPA to further restrict drycleaning in occupancies that are co-located with other businesses and require replacement of drycleaning with wet cleaning. Industry representatives explained to EPA staff the limits of wet cleaning and why cleaners are reticent to invest in new equipment given ever-changing EPA regulation. TCATA and the other industry representatives are following up by providing data and other information to EPA, who will establish a plan to examine the arguments supporting further regulatory changes by the end of this year.
New Ruling by NLRB Will Allow Micro Units for Union Organizing
(September 2011) - In a recent ruling (Specialty Healthcare and Rehabilitation Center of Mobile) that will likely have major, negative impact on businesses, the National Labor Relations Board (NLRB) has reversed years of case law and radically changed the standards by which appropriate bargaining units are determined. The new standard will facilitate the creation of "micro bargaining units," which will allow labor unions to organize just a few employees out of a single facility, and effectively "cherry-pick" a group of labor-friendly workers.
This means businesses could have separate unions - and different, even conflicting, labor agreements and work rules - for your office clerical staff, your customer service representatives, your drivers, your forklift operators, your order pickers, your services technicians, etc. This potential proliferation of unions and contracts brings a loss of operational flexibility and multiple risks of labor unrest and strikes. With this decision the threat of fractional organization of the workforce is real. Having gained access to the workplace by representing a micro-unit, union expansion efforts in the facility are a certainty.
TCATA has been a member of the Coalition for a Democratic Workplace for several years, an organization comprised of hundreds of businesses and associations working on this and other labor issues. The CDW is currently working with allies of Capitol Hill to get legislation introduced that would block implementation of this latest NLRB decision. Click here for the full NLRB ruling.
Employee Rights Required Notice Postponed
(January 2012) - A D.C. Federal Court heard oral arguments in the combined cases challenging the National Labor Relations Board's (NLRB) rule requiring the posting of a "Notice of Employee Rights under the National Labor Relations Act." We previously reported the deadline for posting that notice had already been postponed to January 31, 2012. Last week the Board postponed the effective date for posting the notice to April 30, 2012. If you need or want more information on this rule-making, please see NAW's Legal Advisory, "NLRB Final Rule Requires Private-Sector Employers to Post Notice of Employee Labor Law Rights." Click here.
Whirlpool Opens New Campus, Named Best Corporate Citizen
(April 2012) - Whirlpool officially opened its new office campus in Benton Harbor, Michigan. The $70 million project is a part of a larger plan to consolidate 15 facilities into three centralized office campuses. The 11.9 acre campus is designed to help Whirlpool retain jobs while transforming a site that included a number of vacant stores in the southwestern Michigan community that long has been considered one of the state's most economically distressed areas.
Whirlpool chairman and CEO Jeff Fettig and Benton Harbor Mayor James Hightower were among those who spoke at the ribbon-cutting ceremony. "Our roots started here in Benton Harbor and it was clear we wanted to be part of the gateway into the city," noted Mr. Fettig. "We are honored and proud to make this investment."
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Congratulations to the Whirlpool Corporation for being named one of the 100 Best Corporate Citizens by Corporate Responsibility Magazine for the tenth consecutive year. The best corporate citizens list is based on over 300 data points of publicly available information in several categories including environment, human rights and financial performance, among others. "We are honored to be named of the best corporate citizens for a decade straight," says Jeff Fettig, chairman and CEO. "Whirlpool strives to conduct business with integrity while continually keeping a diverse workplace as a guiding principle."
 Washbrook Joins Lavatec Laundry Technology, Inc.
(March 2012) - Lavatec Laundry Technology Inc. of Beacon Falls, Connecticut continues to expand company resources with the addition of Tom Washbrook in the role of Vice President of Operations. Tom brings 40 years of industrial laundry experience in multiple disciplines which include machinery manufacturing, facilities and process design, construction management, laundry plant operations, equipment sales management and marketing. His activities have spanned the globe within the laundry community providing a variety of sales and technical services throughout North America, Central America, Middle East, Asia and the South Pacific.
Softrol Celebrates 25 Years In Business
(February 2012) - TCATA congratulates Softrol Systems of Acworth, Georgia, on the 25th anniversary of its establishment. The company, founded by brothers Chad and Brent Keith in 1987, is a multi-disciplinary design, manufacturing and software development company providing solutions to the textile rental and manufacturing industries. Softrol provides total plant solutions in chemical systems, automation systems and management and rail systems.
 Phil Hart Promoted To Executive Vice President of Kannegiesser USA
(February 2012) - Phil Hart was recently promoted to Executive Vice President of Kannegiesser USA by Mr. Martin Kannegiesser, owner of Herbert Kannegiesser GmbH. In his new position, Hart will continue to be responsible for the daily operation of the company, but also expand his role overseeing different departments.
Phil Hart joined Kannegiesser USA in 2004 as Vice President of Marketing, bringing with him over ten years of industry success and product knowledge. His extensive familiarity with the Kannegiesser product line continues to make him a major asset to both the company and industry.
Vansparrentak Promoted To VP At Talley Machinery
 (February 2012) - Randy Vansparrentak has been appointed Vice President of Talley Machinery, one of the Tingue, Brown family of companies. This year, Tingue, Brown and Talley will each celebrate 110 years of service to the laundry industry.
Randy joined Talley in January of 2006 as General Manager. Since then, he has worked closely with the staff at their Greensboro, North Carolina headquarters to implement a more efficient operation. Talley's business and employee base have each increased under his leadership.
Randy guided the division successfully through the 2009 economic downturn and responded with record sales in 2010, for which he credits the Tingue, Brown sales force. To accommodate this recent growth, Talley has added five employees and 40% more space to its facility.
Speaking of this advancement, Tingue, Brown CEO David Tingue said recently, "A lot of exciting developments have happened on Randy's watch and I have never been more proud of the people who represent Talley Machinery. His promotion is well-earned."
 Martin Zaret Returns to Diamond Chemical
(January 2012) - Diamond Chemical Company of Rutherford, New Jersey, a leading supplier of specialty chemical products, is pleased to announce the addition of Martin Zaret as Vice President. He has more than fifteen years of chemical industry sales and marketing experience working as a general manager and sales manager for institutional detergent manufacturers.
Martin will work with the sales force, manufacturer's agent representatives, Starco Chemical's and Diamond Chemical's distributors, and national accounts to grow their chemical business.
Grimaldi Purchases Adco Cleaning Products
(December 2011) - Mark Grimaldi, CEO of Equinox Chemicals, of Albany, Georgia, has announced the purchase of Adco Cleaning Products of Sedalia, Missouri. Grimaldi stated "This latest acquisition will continue our aggressive strategy to revolutionize and revitalize the laundry, dry cleaning, and cleaning chemical industry."  Grimaldi and his executive team recognized that the industry was full of opportunities for the strongest technical support and service organization that carried the highest quality products to the customer. To capitalize on these opportunities the team launched an aggressive global strategy to identify, acquire and/or partner with the very best organizations with the very best products in the industry - Adco fit that bill. Since 1908, Adco has been a leading manufacturer of a comprehensive line of specialty cleaning chemicals and detergents used in dry cleaning, commercial laundry and janitorial and institutional cleaning applications.
Grimaldi entered the dry cleaning and cleaning chemical industry with the formation of Rynex Technologies for the manufacturing and distribution of biodegradable, earth- and health-friendly dry cleaning solvents and related products. In June of this year, Grimaldi entered into a joint venture with Christeyns NV, the largest privately held laundry products manufacturer and supplier in Europe.
Equinox Chemicals has recently been honored with such awards as "Manufacturer of the Year", "SBA Exporter of the Year" and "Local Economic Impact - City of Albany". The acquisition and consolidation of Adco into the existing Equinox organization will allow for direct integration of new and innovative products to the already existing Adco brands and product lines.
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