Alabama Contractor, Fall 2016

ALABAMA

FALL 2016

Contractor Alabama PHCC Annual Trade Show October 13, 2016 Old Car Heaven

Birmingham, AL (Pages 10-11)

Water heaters and boilers, residential and commercial, high efficiency and high output – Bradford White has the products you can count on for years of reliable service. We build water heaters in Michigan and boilers in New Hampshire. But no matter the location, each manufacturing facility is staffed with a highly skilled and experienced workforce.

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We have exactly what you need, everything you need, to get the job done and help you build a very long list of greatly satisfied customers. If what you do for a living involves water heaters and boilers, remember this – Bradford White is an American manufacturer that builds products for wholesale distribution to a dedicated group of professional Bradford White is the Official Water Heater and Boiler of the PHCC.

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www.alabamaphcc.org • Alabama Contractor • Fall 2016

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Associated Plumbing - Heating - Cooling Contractors of Alabama

ALABAMA

Contractor

The APHCC of Alabama is dedicated to the promotion, advancement, education and training of the industry, for the protection of our environment, and the health, safety, and comfort of society.

FALL 2016

Table of Contents 6 7 8 10 11 12 17 18 20 21 22-26

From the Desk of APHCC President, Michael Dean The DOL New Overtime Rule Congress Turns to PHCC for Workforce Solutions 2016 Alabama PHCC Annual Trade Show Save-the-Date 2016 Alabama PHCC Annual Trade Show Vendor Application A Special Thanks to Alabama PHCC Associate Members Alabama PHCC Past Presidents Employment Practices Q&A PHCC of Alabama HVAC Continuing Education Internet Course Application PHCC of Alabama Backflow Control Internet Certification Course Application Targets For Learning: PHCC of Alabama Apprentice Program Info and Application

www.alabamaphcc.org

Advertiser Directory APHCC of Alabama Officers PRESIDENT: Michael Dean Dean Plumbing Company 3100 Leeman Ferry Road Huntsville, AL 35801 256-883-6130 VICE PRESIDENT: Rick Thomason PHC 1634A Montgomery Highway, Suite 162 Hoover, AL 35216 205-822-0597 SECRETARY-TREASURER: Jay Wiggins Wiggins Incorporated PO Box 1507 Montgomery, AL 36102 334-235-8889 IMMEDIATE PAST PRESIDENT: Mike Scanlon Scanlon Plumbing Services 263 Mendel Parkway Montgomery, AL 36117 331-279-8989 EXECUTIVE DIRECTOR: Bob Mosca PO Box 36972 Birmingham, AL 35236 205-985-9488 4

Alabama 811 6 Birmingham Noland Company 27 Bradford White 2 FastEst 7 Kolbi Pipe Marker Co. 7

Liberty Pumps 28 Metropolitan Industries 13-16 T&S Brass 9 Taco 3

APHCC of Alabama Board Christine Joiner DMJ Service, LLC 219 Oxmoor Circle, Ste 1 Homewood, AL 35209 205-362-9989

Charlie Conklin Sentry Plumbing, Heating & Air 2490 Rocky Ridge Road Birmingham, AL 35243 205-979-9864

Paula Quarles Banks Quarles Plumbing, Heating, Cooling 2501 17th Street Tuscaloosa, AL 35401 205-758-2627

Phil Smitherman AUX Mechanical Inc. 5925 Johns Road Bessemer, AL 35023 205-428-8416

James Cole Cole Sewer & Drain Services 4530 Plummer Court Montgomery, AL 36106 334-279-8919

Fred Williamson Williamson Plumbing 560 Glade Park Loop Montgomery, AL 36109

Nick Tatum Conrad Watson Air Conditioning, Inc. 4100 County Road 5 Monroeville, AL 36460 251-282-7741

Fall 2016 • Alabama Contractor • www.alabamaphcc.org

Barry Lee Birmingham Noland Company 500 35th Street North Birmingham, AL 35222 205-323-6322

Senior Editor: Bob Mosca PO Box 36972 Birmingham, AL 35236 (205) 985-9488 alphcc@gmail.com

Alabama Contractor is the official magazine of the Associated Plumbing-Heating-Cooling Contractors of Alabama and is published four times annually. APHCC of Alabama does not necessarily endorse any of the companies advertising in this publication or the views of its writers.

Alabama Contractor is designed and published

by Blue Water Publishers, LLC. Articles and information published in this magazine may not be reproduced without written consent of the APHCC of Alabama or Blue Water Publishers, LLC. APHCC reserves the right in its sole discretion to reject advertising that does not meet APHCC qualifications or which may detract from its business, professional or ethical standards. The publisher cannot assume responsibility for claims made by advertisers and is not responsible for the opinions expressed by contributing authors.

For more information on advertising, contact Jim Aitkins, Blue Water Publishers, LLC, 22727 - 161st Avenue SE, Monroe, WA 98272 360-805-6474 / fax: 360-805-6475 jima@bluewaterpublishers.com

www.alabamaphcc.org • Alabama Contractor • Fall 2016

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From the Desk of APHCC President Michael Dean

PRESIDENT’S LETTER FROM THE YEAR 1980President Roy Deerman’s message still rings true!

A

s most of you know, we are always striving to gain new members. New Members are like a shot in the arm. They not only bring new ideas and potential leadership, but help financially as well.

You are among some of the most successful competitors in the cities. Good competition makes good business for everyone.

That’s what our trade association is all about. It brings thinking contractors together for everyone’s benefit. But while our members share problems, solutions, ideas, and experience, they remain independent businessmen and good competitors.

Customers benefit as well. The misinformed contractor who doesn’t know his cost, and prices his work only by going a dollar cheaper than everyone else, is bound to lose money and hurt consumers in the end. Good, knowledgeable competitors increase the quality of the industry’s product and keep the cost low, in line with sound business principles.

APHCC of Alabama helps building good competition by bringing the best of the industry together, by offering you open contact with the top experts in your business (which are your competitors).

An association is only as strong as the support and participation of the members, and only successful in providing benefits to those who avail themselves of those services. The value of the association membership and its rewards are directly proportional to the amount of effort, interest, and dues invested by the membership. No association can function for long without them. We all need the association to protect our interests, just as the association needs each of us to build the strength of the association. We can win more battles and solve more industry problems when we join together. This will save time and money for each of us.

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Our association has consistently produced industry leaders at the local, state, and national level. This leadership helps make our businesses more successful and our work more rewarding.

So, take this message to your non-member associates and persuade them to become competitors, so all of you can make a better living from your chosen profession.

The above letter was published in the 1980 edition of the Alabama Contractor, by then President Roy Deerman. His message still rings true 36 years later. For all the technological advances in our industry, the power and importance of professional competition and cooperation remains.

Always Call 811 Before You Dig.

One free, easy call gets your utility lines marked AND helps protect you from injury and expense.

Safe Digging Is No Accident: Always Call 811 Before You Dig.

Fall 2016 • Alabama Contractor • www.alabamaphcc.org

www.al811.com

The DOL New Overtime Rule:

T

he Department of Labor unveiled its much anticipated new overtime rule, declaring that 4.2 million more salaried employees will soon have to be paid overtime.

Key Provisions of the Final Rule The Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule: 1. Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker); 2. Sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally ($134,004); and 3. Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the

levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

The effective date of the final rule is December 1, 2016.

The initial increases to the standard salary level (from $455 to $913 per week) and HCE total annual compensation requirement (from $100,000 to $134,004 per year) will be effective on that date. Future automatic updates to those thresholds will occur every three years, beginning on January 1, 2020.

Remember, states are also free to set their own standards. Whichever rule is more beneficial to the employee shall apply.

It’s time to evaluate your labor model and consult with wage & hour attorneys.

www.alabamaphcc.org • Alabama Contractor • Fall 2016

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By Mark Riso Director of Government Relations PHCC National Association

Congress Turns to PHCC for Workforce Solutions

R

ecently, PHCC and the Educational Foundation, in conjunction with the House Congressional Career & Technical Education Caucus (CTE), held an innovative – very informative – workforce development roundtable. The purpose of the roundtable (done in a town hall setting) was to offer Congress direct plumbing and HVAC contractor success stories on employee recruitment and retention. In a word, the meeting was great!

The meeting (held on Capitol Hill) began with one of the House CTE Caucus Chairs welcoming Capitol Hill staff and a myriad of organizations. “The number one asset of any employer is a trained and qualified worker,” House Career & Technical Education Caucus Co-Chair Glenn “GT” Thompson (R-PA) said during his opening remarks. Congressman Thompson is passionate about exploring and developing ways to solve the workforce crisis.

But given current demographic trends, finding skilled workers is becoming increasingly more difficult in the p-h-c industry. With an expected shortage of more than 138,000 employees by 2022, the industry faces a “workforce time bomb,” said roundtable facilitator Tom Applegate, executive director of the Ohio Association of Career-Technical Superintendents and a member of the PHCC Educational Foundation Board of Directors.

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Fall 2016 • Alabama Contractor • www.alabamaphcc.org

To raise awareness of the issue, a panel of PHCC members from across the country shared the proactive solutions they have implemented to fill some of the many jobs and career opportunities available in the industry.

Here are some of the examples: CAREER WEBSITE John Bain, R.T. Moore Co. Vice President of Internal Operations & Talent, and PHCC of Indiana Executive Director Brenda Dant described how their chapter developed a special website (www.thebestcareer4you.com) that reaches the 18- to 24-year-old market and promotes the “modern profession of plumbing.” According to Dant, the website matched 230 prospective employees to employers over a three-month period.

“Attracting, training and retaining a qualified workforce are crucial for our company—and a challenge for us,” Bain said. “This PHCC chapter website helps build brand awareness of the opportunities in the skilled trades, and our company gets the advantage of leveraging the website to get qualified leads on new workers.”

RIDE AND DECIDE Gordy Noe, President of Pioneer Heating and Air, Knoxville, Tennessee, talked about the success of the Ride and Decide program, which allows high school juniors and

seniors in his area to try the trades and see if it’s a good fit. In its second year, the program has more than 50 students signed up to experience first-hand what the jobs entail – while getting paid – so that they can make informed career decisions.

with teachers, counselors and workforce boards; soft skills training for technicians; increased CTE funding; and the inclusion of p-h-c contractors and other industry representatives in discussions about future workforce initiatives.

PLUMBING PIPELINE PROGRAM Sam Dowdy, Owner of S & D Plumbing in Taylor, Texas, described the successful Plumbing Pipeline Program he established to increase high school students’ interest in p-h-c careers.

Dowdy also participates in local Careers Days for kindergarten and elementary students, as well as several other recruiting programs. “We’re making sure that students, parents, counselors and teachers know that there are opportunities for professionals in our industry,” he said.

PHCC member Rep. Markwayne Mullin (R-OK) expressed his gratitude that p-h-c contractors came to Capitol Hill to offer their successful hiring strategies. As the owner of Mullin Plumbing, the Congressman knows first-hand the challenges of finding skilled workers.

Representatives of two PHCC Corporate Partners also attended: Bradford White Executive Vice President and COO Bruce Carnevale and Bradford White Director of Marketing Carl Pinto; and InSinkErator Vice President of Sales – Wholesale Joe Maiale.

During Q & A, a variety of topics were discussed that keyed on the need for positive workforce development policy; outreach

Two representatives of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) also attended. The UA has established a Veterans in Piping program that provides high-quality skills training and jobs in the pipe trades to active duty military personnel preparing to leave the service.

The event concluded with PHCC National President Chip Green addressing the audience. “This event provided an excellent platform for PHCC members to share successful recruitment programs and express their continued need for skilled and career-minded employees.”

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T&S plumbing products represented in Alabama by: Williams & Associates, Inc. - 205-833-6666 TSB_0592 2015 PHCC Pubs.indd 1

www.alabamaphcc.org • Alabama Contractor •12/18/14 Fall 2016 10:41 AM9

Alabama PHCC Annual Trade Show October 13, 2016

SAVE THE DATE: OCTOBER 13, 2016

Place:

Old Car Heaven 2301 1st Ave S Birmingham, AL 35222

Time:

10am - 2pm (Lunch Will Be Served)

THANKS TO OUR 2015 EXHIBITORS! Will & Pierce Jones Stephen Carboni Sales Group Coleman Russell Alabama 811 Viega Mid-America Marketing VCM Sales DEC Fire & Water Tim Morales & Associates DMJ Alabama Power The Distribution Point Panasonic Duckless Noland McCain Sales Regan & Associates Jim Benton & Associates Federated Insurance Alabama Plumbing & Gas Fitters Board 10

Fall 2016 • Alabama Contractor • www.alabamaphcc.org

www.alabamaphcc.org • Alabama Contractor • Fall 2016

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Special Thanks To APHCC of Alabama Associate Members

Alabama 811 Annette Raburn 811 mlyvers@al811.com

Noland Barry Lee 205-323-6322 bwlee@noland.com

Alabama Power Company Michael Gordon 205-226-1039 mgordon@southernco.com

Sunbelt Marketing Nelson Randolph 205-767-6339 nrandolph@sminc.net

Alabama Plumbing and Gas Fitters Board David Wilcox 205-945-4857 davidh.wilcox@pgfb.alabama.gov

Coleman Russell Ronnie Holmes 205-833-0700 ronnie.homes@colemanrussell.com DMJ Christine Joiner 205-362-9989 christiner@dmjservices.com Federated Insurance Garrett Pepper 404-497-8871

Ferguson Chris Chiles 256-858-5801 chris.chiles@ferguson.com 12

Fall 2016 • Alabama Contractor • www.alabamaphcc.org

Southern Marketing Terry Falkner 205-276-9051 tjfalkner@yahoo.com

Tim Morales & Associates Tim Morales 251-602-8333 barry@timmorales.com

VCM Sales Inc Dewitt McDonald 205-325-0663 dewhittmcdonald@vcmsales.com Weathertech Spencer Atkins 205-956-5400 sgatkins@weathertech.net

Will & Pierce Terry House 251-621-1550 dwalker@willandpierce.com

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Fall 2016 • Alabama Contractor • www.alabamaphcc.org

PAST PRESIDENTS of The APHCC of Alabama 2014-2015

Mike Scanlon, Montgomery

1965-1966

W.H. Bowles, Anniston

2012-2013

Phil Smitherman, Bessemer

1963-1964

Ferrin C. Smith, Florence

2010-2011

Paula Quarles, Tuscaloosa

1961-1962

Doy H. Hammond, Montgomery

2008-2009

Charlie Conklin, Birmingham

1960

Elmer Russell, Florence

2005-2006

Fred Williams, Montgomery

1959

John W. Dill, Tuscaloosa

2002-2005

Rick Thomason, Birmingham

1958

Raymon E. Allison, Anniston

2001

Charles (Buddy) Parkes, Muscle Shoals

1956-1957

Harry L. Eskew, Birmingham

1998-1999

George Brickley, Scottsboro

1954-1955

Alex Pate, Birmingham

1997

Phil Smitherman, Bessemer

1952-1953

James B. Donaghey, Mobile

1996

Rick Hamm, Florence

1951

Fitts Smitherman, Birmingham

1995

Mike Scanlon, Montgomery

1950

Bob L. Murphree, Tuscaloosa

1994

Brad Hinton, Hueytown

1948-1949

Ray W. Stewart, Gadsden

1993

Gary Pettus, Muscle Shoals

1947

Sam K. Bodie, Mobile

1992

Conrad Watson, Monroeville

1945-1946

Stansel A. Brown, Birmingham

1991

Mark Slimer, Birmingham

1943-1944

Jack M. Main, Montgomery

1989-1990

Jim Early, Decatur

1942

Guy Acton, Birmingham

1988

Tom Michael, Birmingham

1940-1941

Lester Ray, Dothan

1987

Wilbur Doonan, Birmingham

1939

J. L. (Buddy) Pope, Montgomery

1986

Walter Parkes, Muscle Shoals

1935

Charles Bailey, Montgomery

1985

Barney Knight, Birmingham

1933-1934

Joseph W. Pate, Birmingham

1984

Billy Guin, Birmingham

1932

George H. Russell, Florence

1983

J. D. Keller, Birmingham

1931

Harmon Williams, Montgomery

1982

Hubert Howard, Birmingham

1930

Charles A. Mandy, Birmingham

1981

Roy Deerman, Birmingham

1929

J.L. (Buddy) Pope, Montgomery

1980

Tommy Shaw, Montgomery

1927-1928

S. E. Scholze, Birmingham

1979

Bill Early, Jr., Birmingham

1924-1926

W. T. Perry, Montgomery

1978

John C. Dill, Tuscaloosa

1922-1923

E. Daniels, Birmingham

1977

Barnett L. Banks, Birmingham

1920-1921

Joseph W. Pate, Birmingham

1976

Hubert Howard, Birmingham

1918-1919

C. W. Spangler, Birmingham

1975

Dave Nuckols, Tuscaloosa

1916-1917

R. P. Reeves, Montgomery

1974

John Jackson, Montgomery

1914-1915

H. Hines, Birmingham

1973

Walter Parkes, Florence

1911-1913

Chris Bailey, Montgomery

1972

Lynoid Vaughn, Montgomery

1910

Charles Barnetz, Birmingham

1971

Bob Quinn, Huntsville

1906-1909

William Wilby, Selma

1970

John Spearman, Birmingham

1898-1905

T. J. Young, Mobile

1969

Tom Neville, Montgomery

1897

D. A. Ferrell, Anniston

1967-1968

Edward Briggs, Florence www.alabamaphcc.org • Alabama Contractor • Fall 2016

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Employment Practices

Q&A

While in the process of interviewing for a new position to be filled in the next month, a candidate has disclosed an injury requiring 4-6 months of rehab. How do we proceed?

Question: Our firm is in the process of interviewing

candidates for an associate position. We have held phone interviews with several candidates and selected some of them for in-person interviews. One of the candidates selected for an in person interview has shared the following information with us: Thank you for confirming. Before we meet, I’d like to disclose a recent injury. Approximately 3 weeks ago while playing recreational basketball, I suffered a ruptured Achilles and subsequently had surgery performed. I have been using PTO from work since the injury and will be on doctor ordered leave for at least the next week or two. An Achilles rupture is a very serious injury and I will be facing anywhere from 4-6 months of rehab going forward. The description of the position seems like such a great opportunity that I didn’t want to pass up the offer for a phone interview. I hope this will not hinder the process but I wanted to make sure you knew my situation up front. We have mentioned to all candidates that we seek to have the new position filled in the next 4 weeks. If the person is on medical leave, I’m not sure they will be able to come in to our office for an interview. How would you suggest we handle this situation?

Response: As you may be aware, disability discrimina-

tion laws prohibit employers from making employment decisions on the basis of a candidate’s disability or other physical impairment, or indication that he may need to take job protected leave in the future, which may be the case here given the recent surgery and anticipated physical therapy. You indicate that an applicant had disclosed a medical issue that requires rehabilitation post-surgery. We would discourage the employer from disqualifying the candidate from the employment opportunity he seeks solely on this basis. That said, at the pre-hire stage, employers are not without rights relative to ensuring that candidates for employment are fit for the job they seek. Indeed, an employer CAN let candidates know what the essential job functions are for the position they seek including the timing of when such position is set to commence and 18

Fall 2016 • Alabama Contractor • www.alabamaphcc.org

then ask whether the candidates can perform them, with or without a reasonable accommodation. This must be a yes/no question and asked of all candidates for the same position. If he cannot do the job, you need go no further. But if he can do the job and indicates an accommodation may be necessary such as a delayed start date, the employer should engage him in an interactive discussion about whether such accommodation exists and is otherwise reasonable for the employer to provide. Keep in mind, though, that even if you lawfully ask such questions, if you seek to rescind a job offer (or refuse to make one) based on the discovery of a medical condition, such a decision, without more, would be violative of the ADA. Indeed, once you are on notice of an applicant’s medical condition, he can accuse the employer of making subsequent decisions (including a decision not to extend an offer) on the basis of such information. And whether or not that is actually true, the possibility of the claim exists once the information is obtained. In this regard and as noted above, if a candidate is otherwise qualified for the position sought, it would not be lawful to disqualify him from employment (or make any other employment decision) based on the fact that he has a medical issue that would require him to be reasonably accommodated with time off in the future for physical therapy. However, ultimately, if it is not reasonable for the employer to delay the start date for 6 to 8 weeks, for example, regardless as to the reason for which the applicant has requested the delay then should the employer seek to rescind the offer (or fail to extend an offer) and it is later challenged, so long as the employer’s reason for rescission (or failure to hire) is based solely on legitimate business reasons of needing the applicant to start immediately then the employer ought to be able to defend itself against any such potential discrimination claim. © 2014 Advisors Law Group, All Rights Reserved To learn more about the Federated Employment Practices Network®, contact your local Federated Marketing Representative, or visit www.federatedinsurance.com.

GETTING THE WORD OUT ABOUT YOU AND YOUR COMPANY The Board of Directors of the PHCC of Alabama is making available to all members a ten second tag advertisement at no cost to you to air after the current thirty second spot now airing. The commercials will be televised on “The Time of Your Life” TV program on Charter Cable Channel 80 at 5:00 p.m. CST, Monday through Thursday, and also on the web. Go to Alabama Cable Network.com, click on live streaming, (this can be seen anywhere in the world). Also airs on “At Your Service” TV program on WVUA/WUOA at 12:00 Noon on Sundays. You will receive over one hundred airings during the year, a $1,000.00 value.

In order to make this happen, please send to the PHCC office a current commercial (if you have one) or a few pictures and info about your company. HVAC contractors need to include your certification number.

This is truly a return on your membership dues: FREE TV AD’S for JUST BEING A MEMBER. Looking forward to hearing from you soon, Bob Mosca Executive Director

www.alabamaphcc.org • Alabama Contractor • Fall 2016

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