ABC Pelican Fall 2022 Newsletter

ABC Pelican is one of 68 chapters of a national construction industry trade association representing more than 21,000 members. Founded on the merit shop philosophy in 1980, the Pelican Chapter helps our members develop people, win work and deliver that work safely, ethically, profitably, and for the betterment of the communities in which we work.

Merit Shop is a way of doing business in which companies reward employees based on performance and encourage them to reach their highest level of achievement, and in which contracts are awarded based on safety, quality and value, regardless of labor affiliation.

Skilled Worker Pla orm

The BoomNation mobile app (“Member App”) is a pla orm where workers can apply to industry specific jobs, promote their skills through a detailed profile builder and network with other workers across various industries.

Employer

Pla orm

The BoomNation desktop app (“Hiring App”) allows hiring managers to access BoomNation’s membership database for custom job fulfillment needs through an applicant tracking system. Employers can streamline the process of credential ve ication upon review of the candidate’s application.

FALL 2022

Editorial/Design

Macie Morgan

Writers & Contributors

Janie Arceneaux

Carson DeLarue

Garret Graves

Mark Joiner

Brenna LeMaire

Josh Rounds Russel Wray

Chair Josh Rounds Performance Contractors

Ben Brown Turner Industries

Table of Contents

A Letter from the Chair 3

Fall Golf Tournament 5

Young Professionals Happy Hour 8

Build Your Future Day 11

Veteran’s Day 13

Garret Graves Interview 14

Southwest Fishing Tournament 18

ABCLA Fishing Rodeo 22 Southwest Golf Tournament 27 LWCC 29

YP/Past Chair Meet & Greet 31

Law Update 33

LSFM Update 34 2023 Calendar 36 New Members 39

Chair Elect Bryan Knost Wood Group Secretary Scott Callaway Cajun Industries Treasurer Ryan Girouard Hancock Whitney Bank

Beau Leitner Doyle Electric

Adam Landry PALA - Interstate

Scott McKnight BXS Insurance

Lauren Champagne EXCEL Group

Vice Chair Education Lance Arvel EXCEL Group Vice Chair Membership Growth Seth Lemoine LEMOINE

Vice Chair Member Services John Freeman Brown & Root

Vice Chair Governmental Relations John Cassagne MMR Group

Vice Chair Outlying Area Donnie Braud L.S. Womack

Immediate Past Chair

Shawn Worsham Worley

Wes Mincin Performance Contractors

Andrew Thompson ISC Constructors

Ben Fromenthal Great River Industries

Michelle Hardy Turner Industries

Danny Campbell Triad Electric & Controls

Alternate Board Members: Lance Glaseer Performance Contractors

Legal Counsel: Murphy J. Foster, III Breazeale, Sachse & Wilson, LLP

Editorial/Subscription/Advertising

mmorgan@abcpelican.com

HOW HAS ABC HELPED YOU IN 2022?

by: josh rounds, performance contractors

This year I was tasked with assisting in the creation of a new strategic plan for the next two years, as the current one is coming to an end this year. Being a part of this process and reviewing all that ABC Pelican has accomplished and continues to do for the Louisiana construction industry has been an incredible experience. The future of the Louisiana construction industry is in good hands because of ABC Pelican and I am extremely proud to be a part of this chapter.

Informing the public of the opportunities a career in construction can provide is something that ABC does best. I am proud to have been a part of the “Build Your Future Days” hosted by the Baton Rouge and Southwest Training Centers in Baton Rouge and Lake Charles this year. More than 800 students attended each of these days, all looking to see what the construction industry has to offer. The success of these events at both ABC Pelican Training Centers was evident when almost 200 students crossed the stage at L’Auberge in June with a certificate of completion in hand, ready to begin their career in the industry. I have no doubt these young men and women are equipped with the right tools and knowledge to continue growing our industry.

ABC also does politics best. I experienced it firsthand, for the first time this year, the impact that ABC Pelican has on the political leaders in our state. When visiting Washington, D.C. for ABC’s Legislative Week we were able to meet with seven of the eight Louisiana Congressional Delegation members at a private luncheon exclusive to ABC members. In a small, intimate setting we were able to ask these members of congress numerous questions with our focus on how they plan to support the construction industry during their time as congressmen and congresswomen. ABC Louisiana represented the industry well and greatly appreciated the congress members attention and assertiveness. If you have not yet attended ABC’s Legislative Week, I highly encourage you to do so in the future.

During my time as chair I have personally seen this chapter consistently and purposefully create and host events that yield great results. From member mixers, to our outdoor events, to leadership development, this chapter is truly dedicated to the growth of our industry.

Finally, I am pleased to announce that we have made significant progress in the creation of a strategic plan for the Pelican Chapter for the next two years. While this chapter is already excellent, there is always room for growth, and we have put great measures in place to ensure we remain the best chapter in the country. I look forward to my last two months serving as your chapter chairman and continuing to be a part of ABC for years to come. See you all at our upcoming events!

A letter from the 2022 ABC Pelican Chairman

THE RIGHT WAY

Building for a better tomorrow means performance at the highest level. We've given our all to power the standard of safety and quality in our industry forward, and now we’re driving that consistency and commitment full force into the future.

Through innovative industrial construction, TPerformance hrough Performance Contractors is dedicated to implementing solutions that lower our carbon footprint and enhance all that the Energy Transition industries offer the world, so we can build a path to a better, greener future for all.

STARTING FALL WITH A HOLE IN ONE

AT THE FALL GOLF

TOURNAMENT

BY: BRENNA LEMAIRE, MEMBER SERVICES MANAGER |

The competition was as hot as the temperature at the ABC Pelican Fall Golf Tournament! More than 200 members attended the Fall Golf Tournament on Monday, September 19. As always, the competition was steep, the drinks were refreshing, and the food was delicious. Thank you to all of our sponsors and attendees for helping to make this year another success!

Longest Drive Sponsor: Elevator3

Closest to the Pin Sponsor: Capital One Bank

Pin Flag Sponsor: ISCO Industries

Beverage Cart Sponsor: Contractor’s Source

Breakfast Sponsor: Five-S Group

On Course Tent Sponsors: Industrial Fabrics, Claymar Construction, Smashr Waste, Hannis T. Bourgeois, Diversified Materials & Consulting (DMC), Electric Power Systems (EPS), Braun Intertec, Riskwise Safety, RelaDyne, Gainey’s Concrete, L’Auberge Casino, Ardaman & Associates, Bottom Line Equipment, Infinity Energy Services, Sealevel Construction,

SEPTEMBER 2022

Action Industries, Emery Equipment Sales & Rentals Clubhouse Sponsors: BoomNation, All Crane, CORE Occupational Medicine, Merit Electrical, Bengal Crane, Infrastructure Solutions Group, Helix Resources, Tolunay-Wong Engineers, Equipment Share

Digital Hole Sponsors: Pelican Companies, FallTech, Great River Industries, PALA

Congratulations to all of the 2022 Fall Golf Tournament Winners!

1st Place: Ben Fromenthal and Hank Martin with Greater River Industries

2nd Place: Mike Shoen and Mike Mouch with Turner Industries

3rd Place: James Watkins and Bubba Vicknair with Westgate

HAPPY HOUR WITH WALK-ON’S FOUNDER

BY: BRENNA LEMAIRE, MEMBER SERVICES MANAGER | SEPTEMBER 2022

The ABC Pelican Young Professionals made their way to the Walk-On’s Corporate Office on August 17th for an awesome afternoon of touring, professional development and, of course, networking. Our YP’s got a tour of what used to be the LSU Co-Op and is now the Walk-On’s Corporate Office. Seeing how Walk-On’s team works together in their corporate workplace space was a great opportunity for our YP’s to relate to their day-today workplace and bring back some ideas to their own teams.

After the tour we got to hear from Brandon Landry, Founder, Co-Owner and CEO of Walk-On’s. He spoke to us about the importance of the team, and the importance of everyone playing on the same team in the workplace. We listened to how he got his start and how he improved his business. oHE recognized the shortfalls within Walk-Ons and worked with the team to fix them. It was an

awesome take-a-way as a young person in the room to see how hard work and helping to lead your own team can prove success. The day wouldn’t have been complete without walking over to the original Walk-On’s on Burbank (just across the parking lot)! Everyone got an opportunity to network while we hung out on the patio and had delicious food and drinks.

If you are interested in joining the ABC Pelican Young Professionals Committee, please visit www. abcpelican.org/young-professionals

WHAT DOES A CAREER IN CONSTRUCTION MEAN TO YOU?

BY: MACIE MORGAN, COMMUNICATIONS MANAGER | OCTOBER 2022

Every year ABC celebrates Careers in Construction month with social media campaigns, industry success stories and of course, Build Your Future Day.

If you do not know, Build Your Future is an initiative put together to bring awarness to the job opportunities the construction indsutry has to offer. Each year the ABC Pelican Chapter joins with ABC Bayou/New Orleans Chapter to invite over 1,000 high school students, from ninth to twelfth grade, to explore what a career in construction could mean to them. Companies from both chapters set up demonstrations and hands-on activities for the students. This gives the students the opportunity to really experience what a career in construction would be like. Students are given the opportunity to ask questions and learn more about some of the largest construction companies in the south through this event.

ABC knows that the future of the construction industry is in the hands of the next generation. We want to begin informing students at the beginning of their search for “what’s next,” about the opportunity the industry has to offer and what a career in construction could mean to them.

Josh Rounds, current ABC Pelican Chairman and Vice President of Project Services and Controls at Performance Contractors, had no idea the impact the construction industry would have on his life when he joined it 30 years ago, “as an 18 year old high school graduate, I had no idea of the impact choosing a career in construction would have on my life.” He says each day he wakes up thankful for his career in the industry, the lessons it has taught him and the relationships he has made along the way.

During Build Your Future Day, many of the students asked the question “how did you get here?” They wanted to know what that industry professional did to position themselves for the career they currently have. Donn Peterson of Turner Industries has spent over three decades in the construction industry. In that time, not only has he been able to establish lasting work relationships, but also to establish long lasting personal relationships, which shaped and influenced many aspects in his life. “Being coached and mentored from those in the previous generation has been a blessing in ways that are not easily measured,” said Donn. “Now that I am beginning the closing phase of my career, it will allow me to give back to those coming after me. Being able to teach, coach and mentor these young associates will be the honor of a lifetime.”

Current ABC Pelican Young Professionals Chair and devoted ABC member, Adam Landry with PALA Group was exposed to the industry at a very young age. He officially entered the industry in 2011 and says his “career in construction has provided him with the opportunity to collaborate and serve a team of the best men and women in the country, to execute a common goal. The industry provides exceptional opportunities for growth, fulfillment and a safe working environment.”

As the number of open construction positions in the United States continues to rise, ABC is committed to recruiting and training the next generation of workers through community outreach, personal stories from longterm industry professionals and continuing world-class training at both of our training centers.

VETERANS IN THE INDUSTRY

The construction industry is no stranger to supporting our military veterans and we are proud to do so. Many ABC Pelican members have a passion for serving those who served us first. To honor Veterans Day (November 11) we wanted to recognize a few member companies that devote time to helping veterans find careers in the construction industry after being deployed or retiring from the military.

Performance created the ‘Built to Serve’ program to recruit, train and retain veterans in the construction industry. Because of this program, Performance currently employs 300 veterans or active guard/reserves. One of those employees, Major Torrey Garrison, United States Air Force Reserves, 403rd Wing, Keesler AFB, has been with Performance since 2013 and currently serves as the Vice President of Environmental, Health and Safety and Leadership Development. Garrison chose to work at Performance because of the commitment to Veterans. “My dad served in the Army during the Vietnam conflict. When asked about his service he tells me that it was an honor to serve this great country and he wasn’t about to let his friends and family serve without him. I wasn’t about to let it stop with my generation, so I followed suit. Service is not something I take lightly and working for a company, like Performance, that not only supports but encourages military service just adds to that honor.” Performance is also proud to participate in RED (Remember Everyone Deployed) Friday. On Fridays all staff members are encouraged to wear red as a way of showing support for the deployed and the families of the deployed men and women. Another company that is no stranger to supporting their veterans is Moore Industries. “Hiring Veterans is very important to Moore. It is a way to give back to those who have given so much to us,” says David Theriot, Director of Human Resources. “We find that their values often line closely to our company’s values.” Currently, 11% of Moore’s employees are Veterans. Moore actively seeks Veteran candidates through NextOp and other organizations as well the military branches, directly. Moore has had great success participating in the Skillbridge Program. Skillbridge is an on-the-job training program where current military are able to “intern” for a portion

of their service. This helps them transition into a civilian career directly after their service ends and provides employers an avenue to find talented, motivated individuals. Every Friday Moore also participates in RED Friday.

Veteran owned company, Troop Industrial, is well known for promoting, honoring, and working with Veterans. They are always looking for opportunities to onboard or help locate a good path for a Veteran looking for work. Every event they participate in, marketing and advertising, and the culture of their company is centered around the spirit of the military’s commitment to performance, dedication to completing a mission, and standards that you would expect in the military. Eric Sturrock, owner, says “I love surrounding myself with Veterans. We speak the same language, we understand the attention to detail, dedication, mission, noexcuses, and make things happen mentality.” Currently, 60% of Troop Industrial’s employees are Veterans.

A Veteran’s transition into civilian life after their career in the military can be a tough one. Finding a job is something ABC members hope to make easier for them. We are proud to support our Veterans and are proud of our members who do the same.

CONVERSATIONS WITH CONGRESS: ABC interview with Garret Graves

A few weeks ago ABC had the pleasure of interviewing Congressman Graves, in a question and answer style interview, where we discussed the current and future state of politics in Louisiana and the United States.

Q. What are some of your most recent achievements as the Ranking Member for the House Transportation and Infrastructure Subcommittee on Aviation?

A. We have been setting the stage for the 2023 reauthorization of the Federal Aviation Administration throughout the past few years. A simple win for our airport infrastructure was the passage of the Expedited Delivery of Airport Infrastructure Act. That bill, which became law on October 10, 2021, allows airports to utilize federal Airport Improvement Program dollars to help incentivize airport infrastructure projects to be completed on time. The bill will ensure that projects are delivered faster and at a better cost to the American people.

A huge component of next year’s reauthorization will be helping to ease the entry of new technologies- like drones and small electric aircraft (eVtol)- into our already complicated airspace.

The next generation of our aviation infrastructure really isn’t that far away, but government has to stay one step ahead to remain the world’s leader in aerospace. I’ve worked on two bills that really prioritize this: The Advanced Air Mobility (AAM) Coordination and Leadership Act became law this year and will get government agencies to the table to hammer out a coordinated pathway for new technologies to become a daily part of our airspace. The second, the Advanced Aviation Infrastructure Modernization Act, will help state and local governments prepare for these technologies in their communities. These technologies will revolutionize our airspace, but we have to ensure that we have the infrastructure in place to reach our full potential.

Outside of this, we’ve also secured nearly $9.5 billion during the 116th and 117th Congress for investments in Louisiana’s infrastructure, transportation, flight control, coastal restoration, and hurricane and disaster recovery. This money helps to create safer, more resilient communities.

Q. If Republicans win the majority for the 118th Congress, what will your priorities be?

A. One of my biggest priorities is ensuring that we have the best laws in place to encourage- not stopinfrastructure. That will mean streamlining regulatory

processes and conducting oversight of the Biden Administration’s efforts to slow down critical infrastructure projects.

Many Americans are unaware of the extent to which the Biden Administration has manipulated grant requirements to reward -blue cities, unions, and their other allies. The allocation of taxpayer dollars does not reflect the recipients’ merit and presents a poor Return on Investment for taxpayers. We will work to reallocate funds and establish fair requirements for grant requests.

Here in Louisiana that means building a new Mississippi River bridge in the Capitol Region, finishing I-49 between Lafayette and New Orleans, or even completing the Shreveport/Arkansas connection.

From a regulatory standpoint, we have to make sure we’re not deterring investment. That means streamlining the process while maintaining environmental.

Q. Speaking of our regulatory framework – a lot of rules change as a new administration takes office, which causes confusion and hampers investment. What can Congress do to stabilize executive agency rules so companies can make long-term investment decisions?

A. The current regulatory framework is preventing the Biden Administration from achieving its own infrastructure-related goals. They are slowly confronting the reality that our project delivery system is broken, leaving them unable to move dirt, put steel in the ground, and deliver better outcomes for the American people. I am hopeful that this is an opportunity for Congress to come together to develop a framework that will remain fairly constant regardless of electoral outcomes. Better economic and environmental outcomes should not be mutually exclusive.

*Continued on page 16

Conversations with Congress Continued

Q. Most of Louisiana’s Congressional delegation, including you, voted against the Infrastructure Investment & Jobs Act. Tell us about this bill and what, if any, plans you have regarding the funding opportunities within?

A. Rather than addressing our problems –improving traffic congestion, fixing crumbling bridges, and enhancing our flood protection –this bill simply puts good money on top of bad, only increasing the number of bad outcomes we already have. Offering little direction but billions of dollars enables the Biden Administration to enact its alternative vision for America while mandating a slew of new requirements. The Biden Administration has already begun to manipulate grants funded under the bill by inventing new criteria like climate justice, priority communities, and enhancement of union opportunities by requiring project labor agreements. This prioritizes states like California, Michigan, New York, and Illinois to Louisiana’s detriment, we’ve lost out over the past year as a state because of IIJA’s flawed framework. That said, now that it is the law, we have an obligation to fight for our state’s priorities. Oversight plays a crucial role in succeeding here. The Biden Administration will have to explain how their preferred policies provide a solid return for the American taxpayer. Their inability to make that argument in good faith will force changes that will allow Louisiana access to these funding opportunities.

Q. How can we position Louisiana as a leader in the global energy markets despite current political opposition to oil and gas?

A. Louisiana is and always will be prepared to lead in global energy markets but once Republicans control the U.S. House, we’ll be able to utilize our oversight function to shed light on how the Biden Administration’s energy policies are harming America’s energy security and increasing cost for industry and consumers alike. Contrary to the prevailing narrative, Democrat policies have actually increased global greenhouse gas emissions and doubled (and in some cases tripled) energy costs by making us unnecessarily reliant on hostile foreign sources. This is because American energy producers maintain the highest standards and are more efficient than anywhere else in the world. Once these facts are more apparent, energy policies will have to change.

SOUTHWEST FISHING TOURNAMENT

LAKE CHARLES, LA | AUGUST 2022

In August, ABC Pelican members joined us at Calcasieu Point Landing for a day on the water!

The Southwest Fishing Tournament started on Thursday night with the Captain’s Meeting hosted by BoomNation. Anglers were able to enjoy some dinner and drinks before heading out to the water early Friday morning. After a morning on the water, anglers enjoyed burgers cooked by Braun Intertec and cold drinks provided by Equipment Share. Thank you to our leaderboard sponsor, Brown & Root Industrial Services and thank you to our weighmaster, Mike Braud with Group Contractors and thank you to this year’s fishing shirt sponsors; United Rentals, Troop Industrial, Horne, Brown & Root and Wholesale Electric.

Congratulations to all of this year’s Southwest Fishing Tournament winners!

Slot Redfish:

1st place: David Dunne, Wesley Construction –7.5lbs

2nd place: Keith Bastin, MMR – 7.05lbs

3rd place: Jordan Breaux, Northern Safety – 6.9lbs

Bullred:

1st place: Sarah Thrash, Five-S Group – 24.8lbs

2nd place: Jonathon Strate, Performance Contractors – 24.6lbs

3rd place: Brad Vercher, Beard Construction –22.8lbs

Redfish Most Spots: Todd Dugas, United Rentals –16 spots

Speckled Trout:

1st place: Eric Sturrock, Troop Industrial – 3.95lbs

2nd place: Robin Deloach, United Rentals – 2.75lbs

3rd place: Taylor Hancock, MMR – 2.4lbs

Speckled Trout 5 Stringer:

1st place: Robin Deloach, United Rentals – 9.1lbs

2nd place: Taylor Hancock, MMR – 7.6lbs

3rd place: Chase Couple – 7.35lbs

Misc. Fish:

1st place: Jared LeBlanc, I&I – 11lbs

2nd place: Zach Bagwell, Performance Contractors – 4.6lbs

3rd place: Robert Thigpen, I&I – 3.6lbs

REDEFINED

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THIS IS EQUIPMENT REDEFINED.

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Ready to build your career with ISC? Learn more about joining our team: iscgrp.com

ABC LOUISIANA FISHING RODEO

GRAND ISLE, LOUISIANA | SEPTEMBER 2022

It wasn’t a typical year for the ABC of Louisiana Fishing Rodeo, but it sure was a fun one! The fun started on Thursday night with the opening party sponsored by Bottom Line Equipment. Anglers and members enjoyed food, drinks and some tunes before dropping some lines on Friday morning. After a long day of fishing, anglers and attendees joined H&E Equipment for their Weigh-In Dinner & Party. The fish started coming in on Saturday afternoon and as the scoreboard filled up, anglers enjoyed some more dinner and drinks sponsored by H&E Equipment. Thank you to our door prize sponsor, MMR Constructors, event sponsors; Cadence, Impetus, Louisiana Companies, On-Site Medical Solutions and Rigid Constructors. Thank you to our many leaderboard sponsors; Better Pumps & Solutions, BoomNation, Cajun Industries, Cody’s Transportation System, Doggett Machinery Services, ISC Constructors, Infrastructure Solutions Group, Louisiana CAT, MMR Constructors, Pelican Companies, Performance Contractors, Rene’s Industries, RES Contractors, RiskWise Management, Tradesmen International and Turner Industries. We would also like to thank our hospitality sponsors; EMR Services, Enterprise Staffing, People Ready Skilled Trades, and StarComm Solutions and our UV Shirt Sponsor, United Rentals.

Congratulations to all of this year’s ABC of Louisiana Fishing Rodeo Winners!

Big Game

Almaco Jack:

• 1st Place: Jeremy Turner – 20.75lbs

• 2nd Place: Mike Dillman – 17.80lbs

• 3rd Place: Eric Barrilleaux – 13.35lbs

Amberjack:

• 1st Place: Jeremy Turner – 74.80lbs

• 2nd Place: Quentin Busby – 71.05lbs

• 3rd Place: Troy McDonnel – 69.15lbs

Barracuda:

• 1st Place: Cody Stroud – 26.95lbs

• 2nd Place: Patrick Cox – 19.30lbs

• 3rd Place: Jeremy Turner – 15.55lbs

Blackfin Tuna:

• 1st Place: Andrew Baer – 1.90lbs

• 2nd Place: Robb Parts – 1.85lbs

• 3rd Place: Steve Bruno – 1.80lbs

Bonita:

• 1st Place: Ryan Dugas – 11.50lbs

• 2nd Place: Jeremy Turner – 9.95lbs

• 3rd Place: Brad Fife – 6.8lbs

Cobia:

• 1st Place: Jason Coward – 43.65lbs

• 2nd Place: Bryan Prevost – 40.80lbs

• 3rd Place: Ramy Merhi – 37.6lbs

Dolphin:

• 1st Place: Travis Broussard – 11.30lbs

• 2nd Place: Joseph Richard - 8.75lbs

• 3rd Place: Travis Broussard – 7lbs

Grouper:

• 1st Place: Ryan McCann – 36.70lbs

• 2nd Place: Bryan Larviere – 30.90lbs

• 3rd Place: Ryan McCann – 21.40lbs

Jack Cravalle:

• 1st Place: Tony Aiken – 26.95lbs

• 2nd Place: Tim Stroth – 24.80lbs

• 3rd Place: Tim Willis – 24.25lbs

King Mackeral:

• 1st Place: Jesse Morain – 6.40lbs

• 2nd Place: Stephen McGarry – 5.35lbs

• 3rd Place: Jesse Morain – 4.75lbs

Red Snapper:

• 1st Place: Lew Love – 19.40lbs

• 2nd Place: Mike Rooney – 17.15lbs

• 3rd Place: Kurt Degueyter – 15.1lbs

Wahoo:

• 1st Place: Cody Stroud – 13.65lbs

FISHING RODEO CONTINUED

Yellowfin Tuna:

• 1st Place: Burt Schexnayder – 64lbs

• 2nd Place: Burt Schexnayder – 63.85lbs

• 3rd Place: Burt Schexnayder – 54.75lbs

Big Game Master Angler: Jeremy Turner

Big Game Best Boat: Gallagher

Kayak

Redfish:

• 1st Place: Bryan Larviere – 17.75lbs

• 2nd Place: Bryan Larviere – 5.35lbs

Trout:

• 1st Place: Troy Templet – 0.7lbs

• 2nd Place: Troy Templet – 0.7lbs

• 3rd Place: Troy Templet – 0.65lbs

Kayak Master Angler: Troy Templet

Shoreline

Black Drum:

• 1st Place: Joe Richard – 20.20lbs

• 2nd Place: Nick Foster – 18.45lbs

• 3rd Place: Mike Gomez – 18.40lbs

Flounder

• 1st Place: Adam Smith – 2.10lbs

• 2nd Place: Carla Tircuit – 1.50lbs

Gafftop Catfish:

• 1st Place: Monty Carlton – 4.90lbs

• 2nd Place: Hailey Chriss – 4.75lbs

• 3rd Place: Guy Rogers – 4.20lbs

Mangrove Snapper:

• 1st Place: Jesse Morain – 6.40lbs

• 2nd Place: Stephen McGarry – 5.35lbs

• 3rd Place: Jesse Morain – 4.75lbs

Bull Redfish:

• 1st Place: Steve Lavergne – 33.05lbs

• 2nd Place: Charles Edwards – 32.85lbs

• 3rd Place: Andrew Thompson – 31.55lbs

Redfish:

• 1st Place: Casey Dugas – 7.10lbs

• 2nd Place: Charles Edwards – 6.95lbs

• 3rd Place: Hailey Chriss – 6.80lbs

Sheepshead:

• 1st Place: Tim Stroth – 6.60lbs

• 2nd Place: Josh Rounds – 5.45lbs

• 3rd Place: David Ford – 4.50lbs

Spanish Mackeral:

• 1st Place: Dale Guillot – 4.15lbs

• 2nd Place: Steve Lavergne – 4.15lbs

• 3rd Place: Stan Spence – 3.60lbs

Speckled Trout:

• 1st Place: Dale Guillot – 2.95lbs

• 2nd Place: Randy Canella – 2.80lbs

• 3rd Place: Adam Smith – 2.45lbs

White Trout:

• 1st Place: Carla Tircuit – 0.70lbs

• 2nd Place: Jeff Lott - 0.60lbs

• 3rd Place: Barry Carpenter – 0.55lbs

5 Trout Stringer (Day 1):

• 1st Place: Randy Canella – 11.20lbs

• 2nd Place: Adam Smith – 9.75lbs

• 3rd Place: Jarrett Albert/Jeff Lott – 7.80lbs

5 Trout Stringer (Day 2):

• 1st Place: John Cassagne – 9.70lbs

• 2nd Place: David Jones – 8.35lbs

• 3rd Place: Jeremiah Johnson – 8.25lbs

Redfish (Most Spots):

• 1st Place: Hailey Chriss – 20

• 2nd Place: Scott Fair - 13

• 3rd Place: Brad Cook – 7

Shoreline Master Angler: Dale Guillot

Shoreline Best Boat: ISC Constructors

Spearfishing

Almaco Jack:

• 1st Place: Kevin Forbes – 1.65lbs

Amberjack:

• 1st Place: Joel Thames – 26lbs

Barracuda:

• 1st Place: Kevin Forbes – 15.15lbs

Mangrove Snapper:

• 1st Place: Joel Thames – 2.55lbs

Red Snapper:

• 1st Place: Kevin Forbes – 2.70lbs

SOUTHWEST GOLF TOURNAMENT

LAKE CHARLES, LOUISIANA | OCTOBER 2022

It was another successful day on the green for ABC Pelican and our members. More than 150 ABC Pelican members came out to support the merit shop on Thursday, October 6 for the Southwest Golf Tournament hosted at the National Golf Club in Lake Charles. Per usual, our sponsors cooked amazing food, kept the cold drinks coming and a few teams even brought home some trophies. Thank you to all our sponsors.

Beverage Cart Sponsors: Infinity Energy Services and Safety Council of Southwest Louisiana Sign-at-Hole Sponsors: Eastern Services Company and Capital One Bank

Clubhouse Tent Sponsors: Equipment Share and H&E Equipment

On-Course Tent Sponsors: EXCEL, Signal Security, Terracon, Draeger, DMC, BoomNation, MMR, 3S

Congratulations to the 2022 Southwest Golf Tournament winners!

1st Place: Team I&I (Mike Broussard, Tony Simon, Lloyd Sullivan & Clark Cormier)

2nd Place: Teams Easter Services/3S Team (Taylor Bartlett, Daniel Fudge, Pat Bell & Slade Shaw)

8th Place: Team EXCEL (Andrew Eckert, Logan Coger, Chuck Reed & Philip Hedlesky)

Team and Performance Contractors

SAFETY

NOTICE

Supporting a Drug-Free Workplace

Substance abuse and dependence is an unfortunate and disheartening reality that affects over 20 million Americans. In the workforce, this equates to issues like heightened safety risks, lowered productivity, higher turnover, and lost revenue. This is particularly true in the construction industry, where risk of injury is inherently higher and the estimated rate of substance use disorder (SUD) among workers is 14.3 percent.

The High Price of Employee Substance Abuse:

Workers’ Compensation

Employees with SUD are five times more likely to file a workers’ compensation claim, which could also result in an increase to policy premiums. To help protect against these costs, it is strongly encouraged that all employers implement a drug-free workplace policy and drug testing.

Medical Costs

Those who suffer from SUD encounter more costly medical conditions than their sober peers. They are more likely to require emergency care, hospital admission, mental health services, and cost an average of $1,852 more in healthcare premiums.

Unsafe Work Environment

Employees with SUD are 3.6 times more likely to be involved in workplace accidents. Considering that the construction industry represents approximately 18 percent of all workplace deaths, substance abuse poses an exceptional risk in the industry.

Reduced Productivity

Employees with SUD are approximately 33 percent less productive than their co-workers, a fact that costs employers around $49 billion each year.

LWCC delivers best-in-class workers' comp insurance, focused not only on life-long care of an injured worker, but also on providing improved safety, health, and wellness to workers across the state. We are Louisiana Loyal. Always. is proud to support the National Drug-Free Workplace Alliance in their annual observance of National Drug-Free Work Week from October 17 – 23. Help your organization combat substance abuse and increase safety by exploring our many free resources, including a sample drug-free workplace policy, at lwcc.com/safetyservices.

For the last four years the ABC Pelican Young Professionals Committee has joined the ABC Pelican Past Chairmen before the Annual Past Chairmen meeting to hear their stories of overcoming the unions and how ABC Pelican has helped shape their career in the construction industry. Milton Graugnard, Executive Vice President, Cajun Industries and 2023 ABC National Chairman, posed the question to the group of past chairmen, “where would the industry be without ABC?”

As young professionals, who were likely born in the 80s and did not experience the hardships of being a merit shop contractor in the south during that time, we often forget the fight that the founding members of ABC had to put up with to turn our state from union run to free and open competition. There were times when merit shop contractors could not enter a jobsite without a gun, or sometimes even enter a jobsite at all due to union backlash and riots.

We have come a long way in the last 42 years, but one thing remains the same, we work hard,

whether on jobsites, at the capitol or building relationships. Andy Lopez, former ABC Pelican Chairman and Cajun Industries Vice President, said it best “we are one of the last industries where hard work still makes a difference.”

The Young Professionals Committee enjoyed learning about the history of ABC as well as, hearing the stories from the past chairmen and how ABC Pelican has shaped their careers and lives. Young Professional, Nyoki Mokeba, Equipment Sourcing Manager, Performance Contractors said “it was great meeting with all the past chairmen of ABC Pelican. There was a lot of knowledge in that room. I know all the Young Professionals appreciated the past chairmen sharing their stories.”

BY: MACIE

UPDATE BY: RUSSEL WRAY | WRAY & ASSSOCIATES

Arbitration is a popular alternative dispute resolution process parties can utilize in lieu of filing a traditional lawsuit. Arbitration differs from litigation—and sometimes may be the preferred dispute resolution option—because it supposedly yields quicker results for a lower price than does litigation. Unlike litigation, the arbitration process is private and confidential, allowing parties to keep their disputes out of the public eye. Parties get to choose their arbitrator, who is supposed to act as an impartial third party who ultimately makes a binding decision.

But what happens when the arbitrator makes a mistake? Only under extremely limited circumstances can a court vacate an arbitrator’s binding decision—the boundaries of which the Louisiana courts have yet to fully embrace. Such a lack of clarity regarding an arbitrators’ authority and the amount of deference courts should give them presents a serious, unresolved issue that breeds uncertainty. In construction, uncertainty usually results in higher prices.

Everyone should be accountable to someone, arbitrators included. For an arbitration award to be enforced, a court must confirm it. While confirmation from a court is not a mere rubber stamp, courts rarely grant motions to vacate arbitration awards. There are, however, some instances in which an arbitrator’s award should be vacated because he or she based the decision on something other than the clear and unambiguous language of the contract at the center of the dispute. In doing so, arbitrators exceed their authority.

The U.S. Supreme Court has held that arbitrators exceed their authority by ignoring the contract and instead imposing their own policy choices. In Stolt-Nielson S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 671-72, 130 S.Ct. 1767, 176 L.Ed.2d 605 (2010), the Supreme Court cited several other prior Supreme Court decisions in its reasoning that, under the analogous provision of the FAA (9 U.S.C. §10), vacatur was warranted for an excess of authority when arbitrators imposed their “own brand of industrial justice” rather than properly working within the confines of the contract.

In Kemper Corp. Servs., Inc. v. Computer Scis. Corp., 946 F.3d 817, 823 (5th Cir. 2020), the Fifth Circuit provided more factors courts can look to when deciding whether an arbitrator exceeded his or her authority by rendering an award without actually interpreting the text of the contract: (1) whether the arbitrator identified his or her task as interpreting the contract; (2) whether the arbitrator cited and analyzed the text of the contract; and (3) whether the arbitrator’s conclusions are framed in terms of the contract’s meaning. When an arbitrator tries to impose his or her own brand of justice through an arbitration award or otherwise disregards the clear and unambiguous terms and provisions of the parties’ contract, a court may vacate the award.

In Preis Gordon, APLC v. Chandler, 2015-0958 (La.App.1 Cir. 2/26/160), 191 So.3d 31, 37-38, the Louisiana First Circuit Court of Appeal vacated part of an arbitration award in which the arbitrator’s award of attorney fees to defendants was beyond the scope of the parties’ agreement. Because that particular issue had not been submitted to the arbitrator, the court reasoned, the arbitrator exceeded his power in grating an award for attorney fees.

Thus, it is well-settled in federal law that an arbitrator exceeds his or her authority by acting contrary to express contractual provisions. See, e.g., PoolRe Ins. Corp. v. Organizational Strategies, Inc., 783 F.3d 256, 265-66 (5th Cir. 2015); Delta Queen Steamboat Co. v. Dist. 2 Marine Engineers Beneficial Ass’n, AFL-CI, 889 F.2d 599, 602 (5th Cir. 1989) (“where the arbitrator exceeds the express limitations of his contractual mandate, judicial deference [to an arbitrator] is at an end.”) (emphasis added); Spencer v. Ryland Grp., Inc., 372 Ill.App.3d 200, 206, 865 N.E.2d 301,307 (2007); Monongahela Valley Hosp., Inc. v. United Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int’l Union AFL-CIO, CLC, 386 F.Supp.3d 596, 600 (W.D. Pa. 2019) (“If an arbitrator changes the terms of a contract rather than interprets it, a court may overturn the arbitrator’s decision.” (emphasis added); Tecnocap LLC v. Graphic Communications Conference/Int. Brotherhood of Teamsters Local 24M, 777 Fed.Appx. 804, 806, 2019 L.R.R.M. (BNA) 227369 (6th Cir. 2019) (“If an arbitrator were not bound to enforce the parties’ [agreement], the entire system would be undermined.”) (emphasis added). The takeaway from these cases is that an arbitrator cannot disregard, rewrite, or ignore the clear language of parties’ contracts.

Another recent example of a federal court recognizing this limitation on arbitrators’ authority is illustrated in the reasoning of the United States Court of Appeal for the Ninth District in Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LCC, 913 F.3d 1162, 1169 (9th Cir. 2019). That case involved an arbitration between two contractors—one based in America and the other based in Afghanistan. The arbitrator disregarded the plain text of the parties’ agreement because he believed it was unreasonable for the Afghan company, which he perceived to be the less sophisticated contractor, to comply with particular regulations the parties had stipulated to in their agreement. That, along with the arbitrator’s other interpretations that were beyond the scope of the agreement, made vacatur appropriate; the arbitrator’s decision based on what he thought was just or unjust was completely improper.

The Aspic court reasoned that courts’ duty sometimes requires a substantive review of the arbitrator’s findings and interpretations:

We have become an arbitration nation. An increasing number of private disputes are resolved not by courts, but by arbitrators. Although courts play a limited role in reviewing arbitral awards, our duty remains an important one. When an arbitrator disregards the plain text of a contract without legal justification simply to reach a result that he believes is just, we must intervene. (emphasis added).

Arbitration may be an attractive dispute resolution option because it occurs outside of the courtroom and thus is less complex and sometimes less costly than litigation. This does not, however, mean that courts should give too much deference to arbitrators. Louisiana courts need to clarify the boundaries in line with the federal courts to ensure parties can discern whether an arbitrator exceeded his or her authority in an arbitration award. Arbitrators make legally binding decisions that hold parties accountable. It is time that the courts consistently hold arbitrators accountable, too.

CODING THE FUTURE

BY: MARK JOINER | LOUISIANA STATE UNIFORM CONSTRUCTION CODE COUNCIL EXECUTIVE DIRECTOR

The new year is fast approaching which means so are the big changes to the state’s codes and amendments.

The Louisiana State Uniform Construction Code Council (LSUCCC) has completed the promulgation process for the adoption of the 2021 I-codes and 2020 NEC. These codes and amendments should be published in the Register, on October 20, 2022, under the normal rules and will be found in the Louisiana Administrative Code under Chapter 17 effective January 1, 2023.

For a preview of these codes, anyone can view them on the LSUCCC main page under “News.” They are shown under the Notice of Intent heading.

The LSUCCC held meetings and heard testimony on the advantages of a statewide adoption of ASCE 24 without amendments. The final vote was to adopt the ASCE 24 and the IRC as written where structures are located in Special Flood Hazard Areas. This will require residential one-and-two-family dwellings, along with townhouses, to be constructed to BFE+1. For critical commercial structures (i.e. EMS, 911, Police, Fire, Hospitals, etc.), they must be constructed to BFE+2. This proposed adoption has not cleared legislative oversight and has not been filed with the Register yet. The current amendment of letting the locals determine the BFE requirements will remain in effect until legislative oversight reviews this proposed amendment.

The Energy Code Commission is currently meeting twice a month to establish amendments to the 2021 IECC and 2021 IRC Chapter 11. These will be promulgated and become effective July 1, 2023. You can find their meeting announcements on the LSUCCC website. These are all open public meetings and all are encouraged to attend and contribute feedback. Anyone can submit proposed amendments to the LSUCCC administrator or attend in person to present their amendments. And if at any time you need clarification, our staff is always open to take calls and emails to help anyone move our state and its residents forward safely.

JANUARY

› 09: BRTC/SWTC Spring Semester Starts

› 12: Installation Banquet (Invite Only)

2023 Event Calendar

FEBRUARY APRILMARCH

› XX: Acadiana Member Mixer

› 23: Merit Mixer

› 28: Young Professionals Kick Off

› 10: Spring Golf Tournament

› 13 17: ABC National Convention (Kissimmee, Florida)

› 23: Baton Rouge Crawfish Boil

› 25: Touch A Truck

› 30: Southwest Build Your Future Day

› 19: Southwest Crawfish Boil

› XX: Lafayette Golf

MAY

› 04: Young Professionals Event

› 10: ICC/Membership Breakfast

› 17 19: ABCLA Fishing Rodeo (Grand Isle, LA) SEPTEMBER

› 14: Young Professionals & Past Presidents Meet & Greet (Invite Only)

› 18: Fall Golf Tournament

JUNE

› 12 15: ABC National Legislative Week (Washington, D.C.)

› XX: Southwest Breakfast/Luncheon

› 22: BRTC Graduation

JULY

› 19 21: ABCLA State Convention (Fairhope, Alabama)

AUGUST

› 07: BRTC/SWTC Fall Semester Starts

› 10: Uncommon Leadership Kick Off Lunch

› 25: Southwest Fishing Tournament

OCTOBER

› 06: Southwest Golf Tournament

› 11: ICC/Membership Breakfast

› 19: Baton Rouge Build Your Future Day

› 27: Clay Shoot

NOVEMBER

› 10: Dodgeball Tournament

› 16: JAMBO

DECEMBER

› 07: EIC Awards Banquet

› 14: Young Professionals End of the Year Party

To register for events visit www.abcpelican.org or contact Brenna LeMaire at blemaire@abcpelican.org or 225.615.8741.

ABC Pelican events are for members ONLY. For more information about joining ABC, visit www.abcpelican.org ABC Pelican reserves the right to change, cancel or postpone events, as necessary.

Home Depot Rental: Geismar, LA

High quality tools, trucks and trialers available for rent for any project size. Home Depot offers competitive pricing for all rental services and several different tool rental rate options.

TRISPEC, LLC: Baton Rouge, LA

TRISPEC, LLC is a veteran-owned non-destructive testing company based of Greely, CO specializing in Ultrasonics and Mechnical Integrity.

EMR Southern Recycling: Baton Rouge, LA

EMR buys metal of all shapes and sizes including, nonferrous metals, end of life vehicles, catalyic converters, auto batteries and appliances.

Champion Graphic Communications: Baton Rouge, LA

Starcomm Solutions: Abbeville, LA

Starcomm is a scalable suite of technology services created specifically for keeping field operations connected. Created by a team with extensive industry experience, Starcomm provides unparalleled design, engineering, support and service management to meet the needs of your operations.

Champion Graphic Communications specializes in brand management through full color marketing print, business forms, stationary & envelopes, tags, labels, decals, wide format banners and signage and other promotional products.

Evergreen North America Industrial Services: Gonzales, LA

Evergreen North America is a leading provider of environmental and industrial cleaning solutions to the downstream and midstream energy, industrial and chemical sectors.

Industrial Screw & Supply: Baton Rouge, LA

Whether it’s one bolt or thousands, Industrial Screw & Supply has you covered. They offer a large variety of tools, drill bits, and the famous Kroil product line. Industrial Screw & Supply has what you need for your business or your DIY projects.

Crowne Plaza Hotel: Baton Rouge, LA

Located in the heart of Baton Rouge, Crowne Plaza is the ideal spot for your next event or when you need a place to stay. Their meeting spaces can accomodate 2,400 guests with 18 meeting spaces.

AdvantaClean of Metro Baton Rouge: Baton Rouge, LA

AdvantaClean specializes in mold remediation, water damage, restoration, moisture control, radon mitigation, sanitizing, fire damage restoration and air duct cleaning. Their team of certified professionals with over 25 years of experience will deliver a fast and reliable service.

Herc Rentals: Baton Rouge, LA

A premier, full service equipment rental company providing customers the equipment, services and solutions they need to achieve optimal performance safely, efficiently, and effectively.

Precision Inspection Services, Geismar, LA

Marcum, LLP: Hartford, CT

Marcum, LLP provides a full spectrum of traditional tax, accounting and assurance services; financial, risk and transaction advisory services; valuation, forensic and litigation services; and an extensive portfolio of specialty and niche industry practices.

Precision Inspection Services is a locally owned and operated by a group of quality control specialists. They provide top quality wed testing/training, inspection, and technical services to all industrial, commercial and residentail welding candidates and companies.

Pelican Companies of America: Berwick, LA

Pelican Companies of America provides industrial, Marine commerical and residential services to all of America. They specialize in labor supply, general construction, maintenance, emergency

Oge’s Rent-All Center: Lafayette, LA

Oge’s offers the best rental equipment at competitive rates. They offer an extensive fleet of equipment rentals including, air tools, aerial equipment, augers, compaction equipment, tables, chairs and much more for home projects, contractor jobs and parties.

ARCOSA Aggregates, LLC: Hammond, LA

Arcosa Aggregates is committed to building a better world through the foundations of roads, bridges and buildings in our communities across the United States. They are the leading producer and distributor or construction materials and services.

Pro Scales & Construction Services: Baton Rouge, LA

Pro Scales & Construction Services offers scales and weighing equipment and construction services such as, civil and mechanical construction, structural and pipe fabrication, welding, demoliton and dismantling, general plant maintenance.