SPRING 2014
PUbLicaTioN oF aSSociaTED bUiLDERS aND coNTRacToRS oF micHiGaN
MIOSHA & ABC:
PARTNERS IN
SAFETY Also:
Get to Know Your Lawmaker Gov. Snyder Headlines State Legislative Day w w w. a b c m i . c om
S PRI N G 2014
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COV
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inside 4
Executive Perspective
ABC works collaboratively with MIOSHA for the good of our workforce and industry.
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MIOSHA Fosters Partnerships
The state regulatory agency continues to move away from confrontation and focus on transparency and partnering with businesses to ensure worker safety.
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Hiring Practices Impact Safety Performance
Establishing and maintaining a safe work environment begins with selecting and placing the “right” individuals in the “right” positions.
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Safety Pays!
This year’s Fund distribution will bring the total profits returned to over $24.8 million since the Fund’s inception.
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Get to Know Your Lawmaker
This new Michigan Merit feature spotlights the importance of advocacy and grassroots activism and gives members the opportunity to get to know their state legislators.
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Governor Addresses ABC Members at State Legislative Day
Workforce skills gaps and Michigan’s infrastructure are among the hot topics covered at the annual event.
VoLUmE Viii, iSSUE 2 MIOSHA and ABC of Michigan are working together to ensure Merit Shop Contractors continue to make safety their first priority.
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Government Affairs
ABC Uncovers Misuse of Taxpayer Funds in MSU Unionization Program Calley Signs Supplemental Budget to Fix Roads, Fund Other Programs Legislature Approves Petition for Federal Balanced Budget Amendment
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COVER PHOTO: © iStock.com/Kali9
Bolger Unveils Transportation Funding Plan for Michigan Roads S PRI N G 2014 3
ASSOCIATED BUILDERS and CONTRACTORS of MICHIGAN 2014 BOARD of DIRECTORS Brian Stadler, Chairman Wolgast Corporation Greater Michigan Chapter
Forty years ago, ABC of Michigan was present when
Dan Murphy, Vice-Chairman MAG Insulation Greater Michigan Chapter
former Gov. William Milliken signed the Michigan
Dave Sheffield, Secretary-Treasurer Onslow-Sheffield, Inc. Southeastern Michigan Chapter
Occupational Safety and Health Administration
Chris Beckering, Immediate Past Chair Pioneer Construction Western Michigan Chapter
state control and has served our state, our workers and
(MIOSHA) Act. The act brought MIOSHA from federal to the construction industry very well.
Jim Cripps Cripps Fontaine Excavating, Inc. Western Michigan Chapter Mike Houseman Wolverine Building Group Western Michigan Chapter
Today, ABC continues
Rick Jackson Jackson Associates, Inc. Southeastern Michigan Chapter
collaboratively with
Michael Marks The Mackenzie Companies Greater Michigan Chapter Dave Mollitor Consolidated Electrical Contractors Greater Michigan Chapter Bill Molnar Wm. Molnar Roofing Co., Inc. Southeastern Michigan Chapter
to support working MIOSHA for the good of our workforce and industry. Our workers’ compensation safety approach and ABC programs like Safety, Training & Evaluation Process (STEP) are just a couple of examples of the success of our partnership.
Jack VandeGuchte Western Michigan Chapter
We also continue to make sure our workers return home unharmed every day by keeping safety at the forefront of issues our industry faces.
Daniel Welch Welch Tile & Marble Company Western Michigan Chapter
This issue of Michigan Merit explores some of MIOSHA’s
MICHIGAN MERIT CONTRIBuTORS
also continue to make sure our workers return home unharmed every day by keeping safety
Publisher: Christopher Fisher Managing Editor: Mary Boardway, CAE
activities and opportunities available to ABC members. We at the forefront of issues our industry faces.
Communications Coordinator: Elise Layton ABCMI Economist: Don Wilson
Key parts of our mission include helping ABC members develop people, winning work, and
Design and Printing: Keystone Millbrook
delivering that work safely, ethically and profitably for the betterment of communities. Our
Advertising: Strategic Value Media Michigan Merit (ISSN# 1938-9051) is the official publication of Associated Builders and Contractors Inc. of Michigan (ABC of Michigan) and is published quarterly at 230 N. Washington Sq., Suite 202, Lansing, MI 48933, (517) 853-2545. Please direct all inquiries to the previous address. Articles written by outside authors do not necessarily reflect the views of Associated Builders and Contractors Inc. of Michigan. ABC of Michigan reserves the right to reject or edit all material submitted for publication. The appearance of an advertisement in Michigan Merit does not constitute endorsement of the advertiser, its products or services, nor do Michigan Merit or Associated Builders and Contractors Inc. of Michigan guarantee or warrant any claims or offers made by the advertisers.
collaborative effort with MIOSHA is one way ABC continues to uphold this commitment to the Merit Shop. Yours for the Merit Shop,
Permission to reprint in whole or in part is hereby granted, provided the following credit line is used: “Reprinted by permission from Michigan Merit, a publication of Associated Builders and Contractors Inc. of Michigan.”
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Now there is a new resource for construction hiring and job opportunities in Michigan, the Michigan Construction Job Center. Michigan Construction Job Center connects construction talent with great Michigan companies. Job seekers — upload your resume today so your talents and skills can gain you great new job opportunities. Construction employers — access this targeted and qualified pool of talent by advertising your jobs on the site or searching resumes by skill types. Employer Features • An affordable option that gives you the right candidates • Easy tools to post your positions • Search the resume bank — pay only for resumes of job seekers interested in your position • Set-up pre-screen filters to deliver the best candidates directly to you • Anonymity available if desired Job Seeker Features • Find open positions in construction • Free for job seekers • Get your resume in front of construction companies who are hiring • Increase your visibility in the industry • Anonymity available if desired • Let us do the job searching for you by setting up email job alerts
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Need more information? Call us at 517.853.2545 or email MIConstructionJobCenter@gmail.com.
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S PRI N G 2014
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Photo courtesy of Pioneer Construction
fostering pArtnerships & outreAch to promote sAfety
A
culture of shared responsibility has grown in recent years between Merit Shop contractors and the Michigan Occupational Safety and Health Administration (MIOSHA) and it’s helping achieve safer worksites. Today the regulatory agency and construction companies are more likely to work hand in hand to achieve the common goal of fewer accidents and injuries. In 2007, MIOSHA formally implemented a shift in the way it enforces workplace safety regulations, moving away from a system that was based more on confrontation to one that relies on transparency and collaboration with businesses.
MIOSHA/industry cooperation takes on various forms. For example, the agency and contractors — including Associated Builders and Contractors of Michigan members — have entered into more than two dozen job-specific partnerships that spell out mutually agreed-upon safety rules for the life of a project. MIOSHA has also forged a new alliance with ABC of Michigan to promote safety and safety awareness among ABC members (see accompanying story), and it conducts several other outreach 6 S P R I N G 2014
activities designed to help contractors prevent injuries and illnesses and meet regulatory requirements. MIOHSA Director Martha Yoder says MIOSHA’s new approach to ensuring regulatory compliance was in tune with the evolving attitude toward safety among employers. “The industry had changed a lot,” she says. “People were a lot more aware of their safety responsibilities and were more proactive. Now there’s more of a culture of shared responsibility. It’s heartening to see how far the industry has come.” Indeed, ABC of Michigan President Chris Fisher says attitudes about safety have evolved substantially over the years within the construction industry. At one time, risk takers were admired on job sites. Now, it’s companies with sterling safety records that garner positive attention. “In talking with ABC of Michigan members, it’s clear that they couldn’t be more serious about safety,” Fisher explains. “It’s also clear that MIOSHA realizes how committed our members are to
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ABC & MIOSHA FORGE ALLIANCE avoiding job-related injuries and illnesses, and the agency has become a great partner and resource in helping them meet those objectives.”
Photo courtesy of Pioneer Construction
Fisher says ABC members realize they not only have a moral imperative to help ensure their workers return home safe and sound each workday, but that safety makes good business sense as well. Among the potential boosts to the bottom line are lower workers’ compensation costs, higher employee morale and productivity and an enhanced reputation that can help contractors win jobs. ABC Members Step Up for Safety Statistics reflect the culture shifts both within MIOSHA and the industry, and indicate that construction has become a safer occupation in Michigan. Data compiled by MIOSHA show that what the agency labels the “total case incident rate” of nonfatal injuries and illnesses on state construction sites has dropped more or less steadily for a decade. In 2001, for example, there were 8.9 incidents for every 100 workers, compared with only 2.6 in 2011 (the last year for which figures were available). “We really see the difference in workplaces and companies that have developed a system,” Yoder says. “If they have taken the time to create a culture of safety, they have far fewer instances.” One of the more formal ways MIOSHA and contractors create a culture of safety is by signing a partnership agreement with contractors to protect workers during specific projects. Elements of the partnerships might include innovative best practices and safety initiatives such as new worker safety orientations, training certification for all workers, 100 percent glove use to reduce injuries, 100 percent fall protection over six feet, mandatory prework and post-accident substance abuse testing and a uniformly enforced disciplinary action plan resulting in immediate removal from the project site for intentional disregard of safety rules. The partnerships also detail the number of enforcement walkthroughs MIOSHA will perform and require safety meetings attended by the lead person from the agency for that project, says Patty Meyer, director of the Construction Safety and Health Division at MIOSHA. The partnerships tend to create a comfort level for contractors when working with MIOSHA enforcement, Meyer says, adding that projects with agreements also experience below-average injury and illness rates. The agency has entered into 24 partnerships in the past decade, eight of which cover ongoing projects. One of those is the Grand Valley State University Biology Lab and Market Place, for which ABC member Pioneer Construction Co. is serving as general contractor. The $50 million project, which began in April 2013 and is scheduled for completion in June 2015, consists of 379,000 square feet of laboratory, w w w. a b c m i . c om
abc of michigan is taking another step to ensure on-thejob safety and health through a new alliance with the michigan occupational Safety and Health administration. mioSHa and abc of michigan forged the alliance in march with the overriding goal of helping members improve YODER their safety and health systems through ongoing communication and outreach activities involving mioSHa. “it’s really meant to open the doors for the free flow of information and forge a cooperative relationship,” says mioSHa Director martha Yoder. MEYER
“mioSHa and abc members share the goal of ensuring that workers return home to their families safe and sound at the end of every workday,” chris Fisher, president, associated builders & contractors of michigan explains. “The alliance is a formal acknowledgment of that mission, and from a practical standpoint it will make it easier for abc members to promote safety and safety awareness on the job site.” The alliance includes abc’s Southeastern michigan chapter, Greater michigan chapter, western michigan chapter and abc of michigan. The statewide alliance builds on the success of that program by efficiently widening its geographic reach, Fisher notes. Features of the statewide alliance include: • Providing training and education activities and encouraging member participation • Sponsoring seminars with mioSHa’s consultation Education and Training Division • Promoting workplace safety and health by including information on the alliance, the seminars and other safety and health issues in communications with members Fisher says he’s confident abc members will embrace the alliance’s safety goals. “The alliance will serve as a powerful tool for our members to build trusting and cooperative relationships, network with others committed to workplace safety and health, exchange information about best practices and leverage resources to maximize worker safety and health protection.” S PRI N G 2014
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Photo courtesy of Pioneer Construction
academic and study areas, as well as faculty office suites. “It’s just an anchor for improving any safety program,” Seth Wehner, director of safety for Pioneer, says of the project’s partnership agreement. “The partnership gives us an opportunity to raise the bar very high.” Scott Veine, project manager for the Biology Lab and Market Place, says Pioneer is applying many of the lessons it learned under a similar partnership agreement it entered in 2011 for GVSU’s Mary Idema Pew Library Learning and Information Commons project, which he says had injury and illness rates consistent with national averages. Because of a partnership’s administrative costs, including safety training and oversight, not all projects lend themselves to a MIOSHA agreement, Veine explains. (He estimates a project
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must require 200,000 man-hours to make a partnership costeffective). For projects that are sufficiently high profile and complex, the positives far outweigh the costs, he believes. Veine’s appreciation for his partnership with MIOSHA was echoed by other ABC members such as Robert Clancy, owner of Robert Clancy Contracting. “MIOSHA has always been informative,” Clancy says. “They make sure we keep our safety standards in top-notch shape, and they’ve been very helpful every time they’ve worked with us.” The partnerships — as well as a strong safety record in general — are also a potent marketing tool for clients, MIOSHA’s Meyer says. They can assure clients that projects won’t be delayed by lost workdays, and they also help companies avoid negative publicity that comes with worksite accidents.
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Furthermore, safety techniques honed under a partnership can be applied to other projects, Wehner notes. One of the positives of a partnership is the reassurance that comes from having safety regulators offer regular feedback and clarification in the spirit of cooperation, Veine says. “It’s a different MIOSHA — they’re giving us advice.” Cooperation, Communication Are Key Indeed, cooperation and communication are buzzwords within the walls of MIOSHA. Today’s enforcement agents are tasked with not only pointing out problems but also highlighting what’s right, Yoder says.
Yoder and Meyer also encourage contractors to contact MIOSHA anytime a concern arises. See the sidebar for program and contact information. “It doesn’t trigger an inspection to call and ask a question,” Yoder stresses. ABC of Michigan encourages members to use the resources MIOSHA provides to continue to make their job sites and work places safe. Being proactive where safety is concerned is a hallmark of the Merit Shop and working with MIOSHA makes that a simpler accomplishment. MM
MIOSHA CONTACT AND PROGRAM INFORMATION
“We’re leveraging information and creating dialogue. We want to educate along with perform our regulatory responsibilities.” MIOSHA’s Consultation Education and Training (CET) Division performs much of the educating. CET consultants will conduct — at no cost — a worksite inspection that carries no threat of citations or penalties. The inspections are funded through a levy on workers’ compensation premiums. “We tell people that they’ve already paid for it so they might as well use it,” Yoder notes.
information on cET services is available by calling 517.322.1809 or 800.866.4674, or going to www.michigan.gov/cetrca. This year’s Take a Stand Day is aug. 13, and the deadline to submit visit requests is July 23. Details: www.michigan.gov/mioshatasd or 517.322.1809 or 800.866.4674.
Similarly, MIOSHA’s annual Take a Stand Day involves site visits by the agency’s compliance and consultation staff, which visits worksites at the request of employers to focus on specific hazards or areas of concern. Again, no citations or penalties are assessed, although participants must agree to correct all serious conditions.
Training institute details are available at www.michigan.gov/mioshatraining.
In addition, the MIOSHA Training Institute offers a variety of seminars and certificate programs throughout the state. Scholarships that cover half the cost of the courses are available on a first-come, first-served basis.
Sign up for mioSHa email blasts to receive notices on regulatory changes at www.mi.gov/mioshaupdates.
MIOSHA administrators also encourage employers to subscribe to the agency’s email blasts that provide information such as changes in regulations. Sign-up for the free subscription is available at www.mi.gov/mioshaupdates.
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• • • • • S PRI N G 2014
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Development
BuSINESS
Hiring Practices Impact Safety Performance By Joe Clifford, MBA Regency Group, Administrators of ABCMI Fund As we approach warmer weather, hiring workers for the busier season becomes a priority. Establishing and maintaining a safe work environment begins with selecting and placing the “right” individuals in the “right” positions. Careful hiring is critical to the quality and safety of your establishment. In fact, proper pre-employment screening can help prevent problems later on, including potential workers’ compensation claims. Here are some tips to help you develop sound hiring practices: Conduct a Task Analysis A task or job analysis should be conducted to identify each of the tasks and under what working conditions those tasks
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are performed. This process allows you to identify the skills, knowledge and training essential to performing the functions of the job. In addition, you are able to anticipate and address the unique safety hazards associated with the position. Information obtained in the task analysis should be documented in a formal job description. *Keep in mind that state and federal law places certain restrictions of the types of work, working conditions and hours that can be required of minor employees age 14 – 17. Your task analysis should take into account whether minors can legally be employed in positions for which you are recruiting.
Design Effective Job Applications A well-designed job application functions as an excellent prescreening device for employers. Generally, the application should help you obtain the following: basic personal data,
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Development
BuSINESS
education or training, special skills, work history, references, authorization to check references, employment-at-will and/ or other waivers, EEO statement, applicant signature and an authorization to verify all information provided. A completed application can also provide subtle information that should not be overlooked. For example, gaps in employment history and absent or inconsistent employment dates should act as “redflags,” prompting you to question your applicant’s suitability for the position. Have your application form reviewed by an attorney to assure that it’s in compliance with EEO and other legal requirements. Check Previous Employment and Other Records One of the best ways to avoid hiring a problematic employee is to investigate the applicant’s background. Applicants who misrepresent education, training or experience could become a safety hazard and a liability for your organization. Moreover, an employee who becomes violent could subject you to negligent hiring claims.
In general, always investigate your applicants’ educational credentials, employment history and personal references. Conducting criminal background investigations on applicants can provide another line of defense against hiring employees that may have violent or otherwise criminal histories. This type of investigation is encouraged in positions where employees: have access to money or valuables, enter customer residences or have access to personal property, carry a weapon, drive a company vehicle, have access to drugs or explosives, have access to master keys, etc. Credit history, driving record and professional license status should be checked when relevant to the job. Again, it is best to consult with an attorney regarding the legal requirements of conducting these types of investigations. Consider the Benefits of Drug Testing Pre-employment drug testing is yet another tool to use in hiring safer, more productive employees. Establishing a drug-free workplace program not only deters drug users from applying to your company, it also sends a message to customers that you are serious about quality and safety. Drug testing applicants could
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Office: (734) 761-7767 Fax: (734) 761-5388 Cell: (313) 363-7756 Email: drees@annarborfireprotection.com
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Development
BuSINESS
Stress the Importance of Safety during the Interview The interview gives you a valuable opportunity to emphasize the company’s philosophy on safety. Discuss the potential hazards of the position and try to gain the applicant’s commitment to maintaining a safe work environment. Once you’ve hired the “right” employee, your next objective is to provide him or her with the training necessary to perform in a safe and efficient manner. One key element in any effective loss control program is employee indoctrination and training. Incorporating the following tips into your new hire orientation program will get your employees off on a safe foot:
Explain Discuss the details of the company’s safety policy and requirements. The Michigan Department of Licensing and Regulatory Affairs recommends the following as a basic checklist. Items specific to your company and its processes should be added to make the list complete. • Employee Right-to-Know • Safe Lifting & Moving of Materials • Personal Protective Equipment Issued and Usage • Bloodborne Infectious Diseases • Lockout/Tagout & Electrical Safety • What to do in the Event of an Emergency • What to do for a Non-injury Accident or Near Miss • Fire Safety & Housekeeping • How to Report Unsafe Conditions or Acts • Specific Safety Rules
Introduction Take your new employee on a tour of the company’s work areas. Familiarize him/her with the company’s various departments and facilities.
Demonstrate & Test Explain the job to the new employee step by step. Discuss hazards and provide detailed demonstrations of important safety practices. When the employee indicates an understanding of the
protect you from negligent hiring claims arising from violence or safety related incidents. Further, studies show that drug users make more than twice as many workers’ compensation claims as nonusers.
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procedure, have him/her demonstrate while you watch. Correct any improper or unsafe acts and explain why. Always check for understanding. Double-Check Test the progress of the new employee several times during their first few weeks of employment. Observe and evaluate the employee’s work methods. Correct any deviation from the safe work procedures described during the earlier job demonstration procedure. Employee Acknowledgement Statement Finally, have the employee sign a statement acknowledging that they’ve received training. A sample statement is as follows: I, as an employee of (company name), acknowledge that I have been instructed on safety and health issues that pertain to my work environment. I am aware that the safety and health program exists for my workplace and I am also aware of my rights and responsibilities under the Michigan Occupational Safety and Health Act (MIOSHA).
I also understand that if I should have any questions relating to any provision of the Safety and Health Program, I am required to contact my supervisor for further clarification and not to proceed until it is determined that I have been provided the appropriate level of training ensuring my safety and competency. The simple steps mentioned here can go a long-way toward ensuring a safe and efficient workforce in the years ahead. MM For assistance in your hiring process and more information on the ABC of Michigan Self Insured Workers’ Compensation Fund, go to the fund’s website ABCMIFund.org or contact Regency Group at 1-800-686-6640.
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S PRI N G 2014
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benefits SAFETY PAYS!
MEMBER
ABC Fund Distributes Over $2 Million Back to Members Congratulations to the participants of the Associated Builders and Contractors of Michigan Self-Insured Workers’ Compensation Fund! The Fund finishes another year with a great track record of returns and solid performance. Members of this successful self-insured workers’ compensation program will be receiving another substantial return of profit. This year the Fund was approved to distribute $2,005,000 of profit back to its members, which brings the total profits returned to over $24.8 million since the Fund’s inception. Established in 1995, the number of participants continues to increase, as well as the profit returns, with more than 520 members currently in the program. By keeping the overall costs associated with workers’ compensation low, the Fund is the long-term solution for employers. The Fund’s profits, which include premium dollars not used to pay administrative costs and claims, are returned back to members along with investment income. Over time, Fund members receive their premium back in the form of a profit return. The profits are a result of our members having excellent loss history as members are receiving an average profit return equal to 36% of their annual premium. The ABC Fund is able to return significant profits back to its members primarily due to its proactive loss control efforts, aggressive claim management and selective underwriting guidelines. Fund members consist of Michigan construction employers that care about their jobsite safety and are committed to keeping their potential claim costs to a minimum.
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The goal of the Fund’s safety and loss control specialists, CMIYork Risk Services Group, Inc., is to provide educational tools and services that can help members prevent potential claims and assist in the ongoing profitability of the Fund and its members. In addition, members receive semi-annual reports that reflect how they are performing and the amount of profit they are estimated to receive. For members that have experienced claims or want to prevent potential claims from occurring, the Fund’s dedicated staff of safety and loss control engineers is available to help members in a variety of ways. They assist fund members by providing safety consultations, management training, safety manuals and numerous other resources. Another key to the ABC Fund’s success is taking a very selective when accepting new members into the Fund. The selection process helps ensure that only the best performing operators participate in the program. In order to be written into the Fund, each new applicant is carefully reviewed and must have a proven track record of low losses, acceptable work exposures, an implemented safety program and be financially stable. The lower the Fund’s claim costs, the greater the profits. Congratulations for another outstanding year! If you’re not currently a member, you’re missing out on the many benefits that the ABC Fund has to offer. Please contact Regency Group at 800.686.6640 for more information or abcmifund.org. MM
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SP RING 2014
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In this issue of Michigan Merit, we introduce a new feature that’s intended to spotlight the importance of grassroots activism for Associated Builders and Contractors (ABC) of Michigan members. Elected officials and ABC constituents whom they serve were asked to respond to questions about their collaborative relationships, the challenges Michigan faces and the strategies they employ to jointly guide the state down a path to prosperity. Our intent is not only to provide a personal glimpse of select Michigan lawmakers, but to stress how crucial the type of advocacy that ABC and many of its members engage in on a daily basis is to the economic well-being of your business and the state as a whole. Especially in an election year, it’s important for ABC members to be focused on ensuring that offices are held by people who understand or are willing to be educated about issues that are key to Merit Shop contractors. The bottom line is that it pays to know the lawmakers who represent you and to be politically involved. MICHIGAN STATE HOUSE DISTRICT 32
HOUSE DISTRICT 32
2011 Apportionment Plan 0
2.5
5 Miles
136
83
136
25
Lake Huron
Kenockee Twp
81
94 69
19
69 69
69
Riley Twp
Kimball Twp
S T. C L A I R Wales Twp
32 MEMPHIS 94
19
LAFONTAINE
CLANCY
Representative Andrea LaFontaine (R – Richmond) has a taxpayer-first approach to policymaking, according to Robert Clancy, head of Robert Clancy Contracting Inc. He has worked one-on-one with LaFontaine and describes the experience as “a breath of fresh air.”
RICHMOND 94
Casco Twp
MACOMB 19
33
29
Chesterfield Twp
“She keeps an open mind and looks at all sides of an issue for any particular problem,” Clancy says, “and her consideration for taxpayers aligns with ABC’s objectives.”
29
Columbus Twp
Ira Twp
NEW BALTIMORE
36 29 3
29
94
30
24
59
MAP AREA
LaFontaine has served in the Michigan House of Representatives since 2010 and said it would be an honor to be re-elected for 16
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Legend Produced by: Center for Shared Solutions and Technology Partnerships Michigan Department of Technology, Management, and Budget 12/20/11
House District
County
Freeway
City
Township
Highway
DETROIT & VICINITY
Source: Base Map - Michigan Geographic Framework v11a Legislative District Boundaries - 2011 Apportionment Plan (as enacted by PA 129 of 2011)
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Lawmaker
GET TO KNOW YOuR
a third and final term as 32nd District representative. She said she aims to make the state government work toward stimulating Michigan’s economy.
STATEWIDE — U.S. SENATE
“Leaders need to listen to Michigan families and job creators, not the special interests,” LaFontaine says. “I have an open door policy and will always listen to my constituents and do what’s best for them.” Clancy says the Michigan Legislature has been responsive to ABC’s input during LaFontaine’s tenure. He would like to see the state stay the course in years to come. LAND “The biggest thing we’re looking to do is keep in place the progress we’ve made legislatively,” Clancy says. “I think we’d like to see the right people re-elected in Michigan in 2014.” LaFontaine encourages ABC members to continue to work with elected officials and watch for office hours in members’ districts so they can introduce themselves to their representatives. “Never hesitate to reach out to your legislators via phone call or email,” LaFontaine says. “We like getting to know those who live and work in our communities.” Contact Rep. LaFontaine by phone at (517) 373-8931 or by email at andrealafontaine@house.mi.gov.
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VANDERLAAN
Job providers should support U.S. Senate Candidate Terri Lynn Land, says Jeff VanderLaan, CEO of Kent Companies, who is a self-proclaimed “huge supporter” of Land. “Land responds very well to ABC input,” VanderLaan says. “Her presence in the U.S. Senate would be a huge step in the right direction.” VanderLaan added that Michigan is experiencing a renaissance in the manufacturing industry, making the state a place to build again. Creating more jobs in Michigan is one of the primary focuses of Land’s work. “When I was Michigan’s Secretary of State, I was dedicated to running government like we run our family business — efficiently and with good customer service,” Land says. “I’m ready to go to D.C., turn the economy around and make government work for the people again.” If Land is elected, she pledges to have an open door policy to hear Michigan citizens’ concerns and needs. Though she aims to serve at the federal level, she says her primary focus will remain with the state she represents. “Leaders in Washington need to listen to Michigan families and job creators, not the special interests,” Land says. “As U.S. Senator, I will always listen to Michigan and do what’s best for Michigan.” For more information on Terri Lynn Land, including contact information, visit www.terrilynnland.com.
L O O M I S , E W E R T, PA R S L E Y, D A V I S & G O T T I N G P. C . A
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124 WEST ALLEGAN, SUITE 700 JEFFREY S. THEUER LANSING, MI 48933 jstheuer@loomislaw.com (517) 482-2400
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Lawmaker
GET TO KNOW YOuR
MICHIGAN STATE HOUSE DISTRICT 93
HOUSE DISTRICT 93
2011 Apportionment Plan 0
2.5
5 Miles
MIDLAND
ISABELLA
94
Wheeler Twp
127
46
46
46
70 Arcada Twp
Sumner Twp
MONTCALM
G R AT I O T
Lafayette Twp
Emerson Twp ITHACA
New Haven Twp
52
Hamilton Twp
North Star Twp
Newark Twp
SA G INAW
57 57
57
LEONARD
North Shade Twp
MOLLITOR
Fulton Twp
Elba Twp
Washington Twp 127
After State Rep. Tom Leonard’s (R – DeWitt) first term in office, David Mollitor, president and CEO of Consolidated Electrical Contractors, says he already sees Leonard as “a real champion of ABC.” “Tom Leonard is definitely a friend of ABC,” Mollitor says. “He’s fairly new to office, but I can already tell he’s going to be a strong partner for our association for years to come.” Mollitor says he’s concerned Michigan and ABC are going to suffer from a lack of manpower in trade industries. Foreseeing the same problem, Leonard has helped advance legislation that would encourage qualified applicants to fill skill trade jobs. “The House of Representatives has worked diligently on a package of bills that will create greater opportunities for those students choosing to pursue a skilled trade, such as electricians, roofers, builders and construction workers,” Leonard says. “I was proud to co-sponsor the bills and look forward to their passage so that we can produce the talent needed to fill openings.” Leonard wants to continue to make Michigan a better state in which to do business by creating a simpler tax climate. He
93 Lebanon Twp
CLINTON
85 21 71
ST. JOHNS
Bengal Twp
Dallas Twp
86
52
Ovid Twp
21
21
Duplain Twp
Greenbush Twp
Essex Twp
S H I AW A S S E E
Bingham Twp
IONIA Westphalia Twp
Olive Twp Riley Twp
96
96
52
Watertown Twp
Eagle Twp
87
100
Victor Twp
127
DEWITT
DeWitt Twp
69
EAST LANSING
GRAND LEDGE
Bath Twp
69
69
INGHAM
E AT O N
MAP AREA
Legend Produced by: Center for Shared Solutions and Technology Partnerships Michigan Department of Technology, Management, and Budget 12/20/11
House District
County
Freeway
City
Township
Highway
DETROIT & VICINITY
Source: Base Map - Michigan Geographic Framework v11a Legislative District Boundaries - 2011 Apportionment Plan (as enacted by PA 129 of 2011)
encourages any ABC members in his district to contact him with questions, comments or concerns to help improve legislation. “As citizens, we should be engaged with government and our elected officials,” Leonard says. “I can’t stress how important it is for groups to take the time to speak with legislators one-on-one during legislative days, coffee hours, or town halls.” Rep. Leonard can be contacted via email at: tomleonard@house.mi.gov or by phone at (517) 373-1778.
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Dan Kozakiewicz, president of Three Rivers Corporation, says he backs Sen. John Moolenaar (R – Midland) because the senator opposes repealing Michigan’s right-to-work law. “Right-to-work is one of the primary issues on ABC’s radar screen,” Kozakiewicz says. “Senator Moolenaar is working with us to make sure that law stays in place.” Kozakiewicz also supports Moolenaar because the senator prioritizes ABC highly. He says Moolenaar has a history of attending ABC’s functions and giving its members face time. “Senator Moolenaar puts a lot of value in our relationship,” Kozakiewicz says. “He’s a good listener and takes ABC very seriously.” Moolenaar assumed office in the Senate in 2011 and is a member of Michigan’s appropriations committee. He said his experience in the committee has him prepared to tackle the budget challenges the state faces.
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Lawmaker
GET TO KNOW YOuR
“I’m proud of our efforts to get budgets done early and make sure they’re structurally balanced,” Moolenaar says. “Getting Michigan on a better financial footing and our spending under control is part of what I was elected to do and what we have done every year I’ve served in the Senate.” Moolenaar would like to continue to increase communication between ABC members and policymakers. He said ABC’s State Legislative Day is a great example of that, and encouraged members to contact him when he’s in the district.
BRAD TEUNIS
“Meeting up with each other in the district is something I have always appreciated doing,” Moolenaar says. “It is worthwhile to both the constituent and the lawmaker.” MM Editor’s Note: Since Michigan Merit’s interview with Senator Moolenaar, he has announced his campaign for U.S. Congress in Michigan’s 4th District. On April 23rd, ABC endorsed Senator Moolenaar in this congressional race. Senator Moolenaar can be contacted via phone at (517) 373-7946 or via email at: senjmoolenaar@senate.michigan.gov.
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Day
S TAT E
L E G I S L AT I V E
Governor Addresses ABC Members at State Legislative Day Gov. Rick Snyder and US Senate Candidate Terri Lynn Land
planning for many issues. He noted that the workforce skills
headlined the agenda at ABC of Michigan’s State Legislative
gap needs to be addressed. ABC members face the issue daily as
Day March 19 in Lansing. More than 100 ABC members,
project backlogs increase and their pipeline of skilled workers
representing each chapter from across the state, gathered at the
slows down. Snyder said that a key strategy to solving the issue
annual event to interact directly with the governor, Land and
is to encourage students entering the workforce to review all
their own state legislators.
their options for a rewarding career – including career training outside of the four-year university system.
Welcomed with a standing ovation in recognition of his leadership in Michigan’s comeback, Gov. Snyder acknowledged
Members questioned the governor about Michigan’s roads
the state’s problems — including high unemployment,
and infrastructure, among other topics during the question
population loss and a stifling business environment — and
and answer session. Snyder stressed that the outcome of the
noted that his approach has been to identify the problem, then
election this year is key to the continued healthy growth and
look for pragmatic ways to solve it using “relentless positive
development of our state.
action.” Business-owners recognize his approach as crucial to long-term planning. Rather than addressing problems in artificial
During her talk, U.S. Senate Candidate Terri Lynn Land made
term-length (four-year) chunks, Snyder does long-range, 40-year
a strong case for taking her experience as Michigan’s Secretary
Gov. Snyder talks with ABC of Michigan President Chris Fisher and ABC member Robert Clancy of Robert Clancy Contracting.
U.S. Senate candidate Terri Lynn Land tells ABC members why she deserves their votes.
22
S P R I N G 2014
mi cHiGaN mERiT
Day
S TAT E
L E G I S L AT I V E
TOP: Over 100 ABC members from across the state gathered in downtown Lansing to meet with legislators in support of the Merit Shop. MIDDLE LEFT: Gov. Rick Snyder takes questions from ABC members. MIDDLE RIGHT: 2014 ABC of Michigan Chair Brian Stadler of Wolgast Corporation. LOWER LEFT: Southeastern Michigan members meet with Rep. Andrea LaFontaine (R – Richmond). LOWER RIGHT: ABC member attorneys, Dave Masud, Masud Labor Law Group, Jeff Theuer, Loomis, Ewert, Parsley, Davis, Gotting, P.C., Keith Eastland, Miller Johnson and Frank Mamat, Foster, Swift, Collins & Smith, PC answer members questions.
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Day
S TAT E
L E G I S L AT I V E
TOP: Andy Conlin, ABC National and Chris Fisher, ABC of Michigan moderate the legal panel. LEFT: Gov. Snyder addresses ABC members at the 2014 ABC of Michigan Legislative Day.
of State to Washington D.C. to fill the seat being vacated by a retiring senator. During her tenure from 2003 to 2010, Land worked to make the Secretary of State’s office a more customerfocused, technologically-driven, modern state office. She noted that her efforts, if elected, will focus on helping to repeal Obamacare and get the nation’s economy moving again by keeping government out of the way. All the attendees got the opportunity to meet and talk with the strong contender for the U.S. Senate. Immediate past ABC of Michigan Board Chair Chris Beckering Brook Wood President
reminded the crowd that 2014 is a particularly crucial year to, “Get into politics, or get out of business!” Beckering gave a brief update on the work that the Government Affairs Committee and Political Action Committee (PAC) have accomplished over the past year and reminded ABC members that their contributions to ABCMI PAC have a direct impact on the growth of their business.
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S P R I N G 2014
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A Labor and Employment Law panel rounded out the morning. ABC member attorneys Jeff Theuer, Frank Mamat, Keith mi cHiGaN mERiT
Day
S TAT E
L E G I S L AT I V E
Eastland, and David Masud fielded questions ranging from the
interact and talk with legislators about prevailing wage and ABC
importance of employee handbooks to the upcoming National
priorities such as Career and Technical Education, continued tax
Labor Relations Board’s 2014 rulemaking agenda. Each attorney
reform and regulatory reform while acting as personal advocates
reminded attendees that because of extensive regulatory and
for the Merit Shop.
legal changes, Merit Shop contractors must remain connected to political action at both the state and federal levels. The Obama
The success of the event was due in great part to generous
Administration’s Department of Labor and National Labor
sponsors. ABC of Michigan wishes to thank them, once again,
Relations Board have both been antagonistic toward employers.
for their part in making the event possible.
At the state level, Michigan’s governor and Legislature have • The ABC of Michigan Self-Insured Workers
offered pro-growth solutions.
Compensation Fund This year’s event featured an earlier breakfast and a shortened
• AIS Construction Equipment Corporation
day, designed to help directly connect the more than 30 state
• Enterprise Fleet Management
legislators who attended with their busy constituent members.
• Robert Clancy Contracting Inc.
While enjoying breakfast, attendees and legislators were briefed
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on the top ABC legislative priorities including the repeal of prevailing wage requirements. Members had a chance to
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GOVERNMENT
ABC Uncovers Misuse of Taxpayer Funds in MSU Unionization Program ABC of Michigan’s exposure of Michigan State University (MSU)
that MSU’s program is not appropriate and needs to end.”
inappropriately using public money to support union organizing has prompted the Michigan Senate Appropriations Higher
The higher education budget, which was passed out of
Education Subcommittee to penalize MSU and any other public
committee and awaits consideration by the full Senate, states
university $500,000 for each occurrence of instructional activity
that a public university shall not participate “in any instructional
that encourages or discourages union organizing.
activity that encourages or discourages union organizing of employees.”
“The action by Sen. Tonya Schuitmaker (R-Lawton) and the Senate Subcommittee demonstrates bold leadership on an issue
Subcommittee Chair Schuitmaker said that MSU “has taken
that is seriously disturbing – a public land-grant university
over the duties of the national labor college,” and noted that
engaging in union organizing activities,” says Chris Fisher,
the courses promote unionization and how to target non-union
president of ABC of Michigan. “The Senate Subcommittee
companies, even though non-unionized companies already have
deserves praise for its quick, decisive action and clear message
positive relationships with their employees.
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mi cHiGaN mERiT
affairs
GOVERNMENT
In response to ABC concerns, MSU revised its description of the
the program’s purpose – MSU has taken over administration of
program as, “intended to train union personnel in how to become
an AFL-CIO program that instructs union officials on methods of
leaders, how to negotiate effectively, and how to attract owners
interfering with the operations of non-union companies to cause
to bring their work to signatory employers and achieve voluntary
labor disruption in order to pressure them to unionize.”
recognition from construction employers.” [Emphasis added]. The program website notes that the seminars are “tailor made for “The revision of the Building Trades Academy course description
union officers and staff members.”
is equally as alarming as the original course description,” Fisher notes. “By stating that the program is designed to bring work to
Because of the pressure from ABC of Michigan and strong
signatory employers, MSU admits that the program is designed
leadership by the Senate subcommittee, MSU indicated to
to steer work only to unionized contractors. The admission
lawmakers that it would suspend the program and rework the
by MSU that the program seeks to achieve recognition from
inappropriate content.
employers removes all doubt that the purpose of the academy is to unionize companies by getting them to recognize unions as the bargaining agent of their employees.”
Calley Signs Supplemental Budget to Fix Roads, Fund Other Programs Lt. Gov. Brian Calley signed a mid-fiscal year 2014 budget
“No matter how you cut it, one thing is clear in both the original
supplemental on March 14, dedicating nearly $330 million to
course descriptions and the revised MSU explanation regarding
help fix winter road damage, fund vital mental health services
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affairs
GOVERNMENT
and to support the Office for New Americans, among other programs.
Legislature Approves Petition for Federal Balanced Budget Amendment The Michigan Legislature on March 26 approved a petition for
“While Michigan is still in need of a comprehensive road
a federal balanced budget amendment. Senate Joint Resolution
funding and maintenance solution, the money provided in the
V petitions Congress to call a convention of the states for the
supplemental will definitely benefit local governments and
limited purpose of proposing a balanced budget amendment
drivers as we work to fix the potholes and other road problems
(BBA) to the United States Constitution. The BBA would require
brought on by the harsh winter,” Calley said.
an annual federal budget in which spending does not exceed revenues.
Michigan has endured a brutal, record-breaking winter season, and the worsening road conditions have become a major
“Michiganders tighten their purse-strings when money is tight,”
problem throughout the state. The supplemental includes $100
said State Senator Jack Brandenburg, (R-Harrison Township).
million specifically dedicated for treating potholes and other
“Why should government be any different? Balancing one’s
winter-related upkeep. The remaining $115 million is earmarked
checkbook is one of the most basic duties of Michigan families
for priority construction projects that begin by July 1.
in order to rein in spending and avoid debt. The federal government needs to do the same.”
Senate Bill 608 is now Public Act 34 of 2014. For more information on what is included in the supplemental, visit
As a joint resolution, the petition does not require Gov. Snyder’s
legislature.michigan.gov.
signature. However, the governor urged its passage during his most recent State of the State Address.
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S P R I N G 2014
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affairs
GOVERNMENT
Twenty-two other states have already approved the resolution. Once adopted by 15 more, it becomes binding on Congress to issue the call. Any BBA amendment proposed by the convention would still have to be ratified by three-fourths of the states
projects they help fund • Requiring MDOT to competitively bid services of entire regions • Improving efficiencies in MDOT procedures
before taking effect. Improved Quality
Bolger Unveils Transportation Funding Plan for Michigan Roads House Speaker Jase Bolger (R-Marshall) unveiled a House plan April 3 for structural changes in transportation funding in Michigan. Speaker Bolger’s plan provides for increasing
• Requiring all road work to have appropriate warranties • Requiring all large projects to have a minimum five-year warranty • Beginning use of innovative contracting methods such as Performance Based Maintenance Contracting
investment in Michigan’s roadways that reaches a minimum of $500 million annually for roads. The funding comes
Improved Fairness
almost entirely from current resources, with special large vehicle
($76.5 million more for roads in FY15)
fee increases, funding shifts and gasoline and diesel tax reforms.
• Repealing the 15-cent per gallon diesel tax and replacing it with a 6-percent wholesale tax, which provides for
“After our roads had been neglected for too many years, we
parity with unleaded gasoline. (At $4 per gallon, it would
have led the way with one-time investments in roads for each
dedicate an additional $47 million to roads.)
of the past three years; now it’s time to make structural changes
• Increasing overweight/oversize permit fees
that will continue and build upon that trend,” said Bolger. “This
• Simplifying the vehicle registration code to close loopholes
proposal does not provide the full $1.2 billion needed annually to stay on top of Michigan’s road needs but it is a great start for funding and an even better foundation for further improvement.”
for special deals • Applying the newly purchased vehicle value upon transferring a license plate
The proposal includes four areas of focus:
Investing Current Resources
Increased Efficiency
($379 million dedicated to roads in FY15)
• More competitive bidding for local road agencies, including allowing townships to require bidding on
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• Repealing the 19-cent per gallon gas tax and replacing it with a 6-percent wholesale tax (At $3.55 per gallon that
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GOVERNMENT
would be revenue neutral but it provides a better base for
projects. We have listened to the hard-working men and women
the future.)
of Michigan, and this plan meets all of those requests.
• Permanently dedicating all available dollars of state sales tax on fuel to roads while preserving all dollars that
“For the past 20 years or more, people have been unwilling to
currently go to schools and local government
address this problem because they could not come up with a full
• Permanently dedicating 1-percent of the existing state Use
solution. The ‘all or nothing’ approach has done nothing but give
Tax to roads while preserving all dollars that currently go
us potholes and crumbling streets in nearly all areas of the state.
to schools and local governments
Gov. Snyder has been leading the charge for a road solution. While this may not be everything everyone wanted, I believe
Bolger said Michigan’s hard-working families have been clear in
this is a great start. It’s time to put a plan in place and deliver
their messages to their elected leaders.
action to Michigan drivers. This proposal should provide that action in a bipartisan way. I urge all members of the House of
“They demand we fix the roads by looking to our existing
Representatives to seek the input of the people in their districts
resources first, make road funding more fair when it comes to
during their in-district work period and return to Lansing ready
trucks, and improve efficiency and quality of our road building
to work for better roads for our communities.” MM
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index
ADVERTISER
ABC Self Insured Workers Compensation Fund ...................... 32
JGM Machinery Movers & Erectors, Inc. ................................. 20
AIS Equipment ........................................................................ 27
Jimco Fire Protection ............................................................... 25
Andrews Hooper Pavlik, PLC .................................................. 21
JW Field Grading & Excavating .............................................. 26
Ann Arbor Fire Protection ....................................................... 11
K & S Plumbing Co., Inc. ........................................................ 17
Arrow Concrete Cutting .......................................................... 31
Labor Ready, Inc ...................................................................... 30
ASHA Safety ............................................................................ 25
Lighthouse Insurance Group ................................................... 21
Bailey Agency .......................................................................... 26
Liquid Calcium Chloride Sales ................................................ 20
BCT Benefits Plan .................................................................... 25
Loomis, Ewert, Parsley, Davis, Gotting, PC .............................. 17
Blackstar Building Group......................................................... 26
Mann Construction ................................................................. 24
Brigade Fire Protection ............................................................ 29
Merlo Construction Co., Inc. ................................................... 28
Brothers and Bricks ................................................................. 13
Mid Michigan Materials, Inc. ................................................... 18
Capital Steel & Builders Supply ............................................... 20
Pamar Enterprises.................................................................... 18
CDI Construction .................................................................... 12
Plante Moran ........................................................................... 14
Commonwealth Associates ...................................................... 26
PM Technologies ..................................................................... 26
Critical Business Analysis ........................................................ 12
Pro View (The Blue Book Building & Construction Network) ........ 17
Crowe Horwath LLP ................................................................ 28
Quality Aire Systems ............................................................... 21
Desai Nasr Consulting Engineers ............................................. 12
Rapid Fire Protection ............................................................... 19
DJ Maltese Construction LLC .................................................. 26
Rock Products ......................................................................... 12
Efficient Crane Solutions ......................................................... 20
RW Mercer .............................................................................. 18
Enterprise Fleet ....................................................................... 12
Scheidel Electric ...................................................................... 18
Excel Electric, Inc. ................................................................... 11
Scientific Brake & Equipment ................................................. 20
Fisher Companies .................................................................... 14
Selleck Architectural Sales ......................................................... 8
Fonson, Inc. (GBM Recycled Concrete) ................................... 12
Siding World ............................................................................. 2
G&G Electric........................................................................... 31
Summit Electric ....................................................................... 13
Garber Chevrolet ..................................................................... 13
Thermico, Inc. ........................................................................... 9
Grand Equipment Company ................................................... 30
Timpson Transport, Inc. .......................................................... 26
Great Lakes Industrial Supply Co., Inc. ................................... 25
Titan Interiors ........................................................................... 8
Great Lakes Roofing & Insulation Systems, Inc. ...................... 30
Tradesmen International .......................................................... 30
Great Lakes Safety Training Center .......................................... 20
Valenti Trobec Chandler .......................................................... 27
Great Lakes Striping & Sealing ................................................ 20
Valley Electrical Contractors .................................................... 25
Guy Hurley Blaser ................................................................... 11
Walton Agency ........................................................................ 26
HD Supply Waterworks ........................................................... 19
Waterstone Insurance Agency .................................................. 11
Heritage Automall ................................................................... 28
Welch Tile & Marble Company ............................................... 21
Independence Commercial Construction, Inc. ......................... 13
Wm. Molnar Roofing, Inc. ....................................................... 12
Jackson Associates, Inc. ........................................................... 28
X-Calibur Sheet Metal ............................................................. 12
JBS Contracting, Inc. ............................................................... 30
Electric
Caro, MI
ELECTRICAL CONTRACTORS ENERGY SAVING SPECIALISTS COMMERCIAL • INDUSTRIAL • AGRICULTURAL • PETROLEUM WIRING • RESIDENTIAL CONTROL WIRING • DESIGN - BUILD • EMERGENCY POWER SYSTEMS CABELING/NETWORKING • EMERGENCY SERVICES • CAR WASH SYSTEMS
Bill (989) 551-5505
www.GGEMI.com Fax (989) 673-1211
w w w. a b c m i . c om
Scott (989) 551-5506
S PRI N G 2014
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PRESoRTED STaNDaRD U.S. PoSTaGE PAID LaNSiNG, mi PERmiT No. 75
Associated Builders & Contractors of Michigan 230 N. washington Sq. Suite 202 Lansing, michigan 48933
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• Workers’ Compensation Insurance with a 36% Average Premium Return • Safety & Loss Prevention Services • Competitive Up-Front Pricing
abcmifund.org | administered by Regency Group | 800.686.6640
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