July 2007

Page 1

Employer Insights July/August 2007

Highlights of this issue

Customer Assistance is Not Always Customer Service

Member Case Study, 3 EAP Corner, 5 Hotline Q & A, 7 Leader to Leader, 12 From Beyond the Region, 13 Legal Brief, 14 Industry Focus, 15

Well-trained Staff Make the Difference; A Direct Merchant vs. A Local Retail Outlet

Upcoming Events Peer Group Roundtables Health & Safety CEO Employee Benefits Human Resources Public Seminars Cafeteria Plan Administration Workshop Sales Certificate Program Sales Management Certificate Program

President’s Message

7/17 7/18 7/19 8/21

8/07 7/18 7/18

According to a study published in the Journal of Marketing, authored by Stephen W. Brown and Teresa A. Swarz, “A Gap Analysis of Professional Service Quality,” a critical component of a high-contact service strategy is management of the interaction between service employees and customers, i.e., the “service encounter,” which drives customer perception of service quality and customer satisfaction. The study concludes that the quality of service encounters is driven by several variables, including the service workforce and the design of the service process itself, with management driving internal performance measures that in-turn drive external performance. For years I’ve been a fan of a particular direct merchant of apparel and home products for their stellar customer service and innovative Web site. I had never had a poor shopping experience until recently, when I decided to bypass the traditional 800 number and Web channels and shop at a local retail outlet. I had heard about their merchandise being available at the local retailer, but never gave it much thought given their positive track record of online and toll-free service. Also, beyond certain products such as tools and appliances, I’ve not been nearly as loyal a customer for the

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Jim Devine, President & CEO jdevine@MEAinfo.org

retailer’s other products. This time, however, I was doing some last minute preparations for a trip and didn’t want to risk a delay in shipping. My shopping experience started with a visit to the direct merchant’s Web site followed by a call to their 800 number customer service line. I found what I was looking for quickly on their Web site while the agent on the phone walked me through sizing and other product-related information to make sure I would be looking at the correct sizes and product codes. As usual, this part of my service encounter was very positive. The agent couldn’t please turn to page 6


Membership A big THANK YOU to MEA member EP Henry Corp. for sponsoring, in part, the new MEA entrance walkway!

Surveys, Surveys, Surveys! EP Henry is the leading independently owned manufacturer of unit concrete products. For nearly 105 years, EP Henry has been on the cutting edge with current and new product development. www.ephenry.com

2007-2008 Wage and Salary Adjustment Survey Due August 15, 2007. Participate in this survey and receive the 2008 MEA Planning Guide at no cost. 2007-2008 MEA Policies, Practices and Benefits Survey is being conducted now. Participate by September 7, 2007.

MEA On The Move

On April 4, 2007, the staff of MEA welcomed more than 50 participants of agencies funded by the United Way of SEPA to the PAC Professional Development Institute hosted by the United Way. The focus of this one-day event was “Human Resources Issues.”

Speakers included: Jim Devine, - “Paying Your Staff - The Basics of Compensation”, Judy Baehrle, - “HR Policies and Practices”, Maureen Gutkowski, - “Retaining Your Staff”, and visiting speaker Beville May, - “Managing HR Issues.” The day was filled with valuable information sharing, and participants received expert advice and information. Maureen Gutkowski, SPHR - MEA HR Staff Consultant, recently completed “Avoiding Discrimination in the Workplace” for Schramm Inc., an MEA member since 1998. She trained more than 200 employees on the basics of discrimination and harassment avoidance over the course of three days.

New Members The Private Consulting Group - Cherry Hill, NJ - Estate planning/asset management Ultraflex Systems Inc. - Pottstown, PA - Manufacturer of orthotic braces Kroll Ontrack - New Castle, DE - Litigation support AmerTac - Saddle River, NJ - Distributor of switch plates, under cabinet lighting, dimmers, etc. A & C Kitchens & Baths - Chester, PA - Wholesale & retail sales of kitchen and bath cabinets ENV Services Inc. - Hatfield, PA - Calibration and certification of biological safety cabinets PA Institute of CPA’s (PICPA) - Philadelphia, PA Membership organization for accountants in PA Ben Franklin Technology Partners - Philadelphia, PA Non-profit economic development Trend - King of Prussia, PA - Real estate multi-list service Weintraub Telecomm LLC - King of Prussia, PA Telecomm engineering/consulting/project management GEO Specialty Chemicals - Gibbstown, NJ - Manufacturer of industrial chemicals

Membership Facts & Figures: Do you have operations in other parts of the country? Do you need local compensation data or have a question about state regulations? Do you need recruiting, training or consulting help at that location? MEA can help you. As a member, you have easy access to information and help across the country. MEA is part of the EAG (Employers’ Associations Group), a network of nearly 70 independent employers’ associations in more than 35 states. When you need information or advice on regional issues, such as employment regulations or compensation rates, call MEA. 2

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Membership

Member Case Study

Logistics Resources International Supplies Truck Drivers to Companies that Choose Outsourcing For many companies, hiring truck drivers — and keeping them once they sign on — is not an easy task. That’s where Logistics Resources International (LRI) of Woodbury, N.J, comes in. The national, privately owned company provides screened, drug-tested, DOT certified, medically certified and commercially licensed (CDL) truck drivers and managers under contract to clients who prefer to outsource their hiring and retention. LRI also provides companies with the flexibility to increase the number of drivers operating their trucks for a few weeks, or even a few months, and then cut back again without hiring or terminating anyone. As LRI employees, the drivers can easily be moved from job to job. In addition, for clients with more than 10 drivers in one location, LRI will provide an onsite supervisor to act as the liaison between the drivers and management. LRI provides the drivers with a “robust package” of workers’ compensation and other insurance benefits, said company President and CEO John LaVelle, the founder with Dan Gelatt, Vice President of Operations and COO. “We protect our clients to the greatest extent possible,” LaVelle said, referring to the pre-employment screening and the benefits package, which aid in retention. Started in January 2003, LRI is on target to do more than $6 million in business this year, about twice what the company earned last year. LRI currently employs 67 active drivers and expects to have more than 100 on staff by the end of the year. Driven by a “message from the market,” LaVelle said, LRI began contract recruiting on a temporary-topermanent basis in February for clients who want to employ their own drivers but want LRI to recruit them and have them work on a trial basis for 60-to-90 days. This part of the company may become a separate division and is projected to be 30 percent of LRI’s business within five years, he said. LRI has been working with MEA from the beginning. “It’s been a marvelous fit for us. We’re still a relatively small company,” LaVelle said. “MEA affords us the capabilities we wouldn’t otherwise have, namely the benefits coordination with tasks like troubleshooting claims. We’re also beginning to look at their Human Resources training capabilities.” Janie Oehlert, Manager of MEA Employee Benefits Services, said LaVelle and the staff at LRI have been great to work with, and MEA has truly enjoyed acting on their behalf as their broker and benefits advisor. “As an outsourcer to our client companies, we are committed to the outsourcing model ourselves and have also partnered with other firms in addition to MEA to support our infrastructure needs, including Apex Integrated Services of Mt. Laurel, N.J., a contract finance and accounting firm that essentially acts as our CFO and finance department,” Lavelle added. www.MEAinfo.org

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Employee Benefits

HSA Basics

By Janie Oehlert, MEA Manager, Employee Benefits Services As employers continue to weigh the family deductible must be met their options in a marketplace where before benefits can be paid, even double-digit health renewals continue if one family member exceeds the to be the norm, education becomes a individual deductible amount. critical component in decision-making. • Annual out-of-pocket costs cannot Many employers, especially smaller exceed $5,500 for individual and companies, are struggling to maintain $11,000 for family coverage. a competitive benefits package while minimizing the impact to the bottom Who is eligible for an HSA? line. HSAs may be an attractive option Any individual that is: due to their advertised low cost, • Covered by an HDHP; however, understanding the dynamics • Not covered by other is key in determining if an HSA option health insurance; is right for your company. • Not enrolled in Medicare; and What is an HSA? • A Health Savings Account (HSA) is a special account owned by an individual where contributions to the account are used to pay for current and future medical expenses. • An HSA must be used in conjunction with a High Deductible Health Plan (HDHP). • Maximum HSA contribution is $2,850 for individuals and $5,650 for family (for 2007). • Contributions to the HSA can be made by the employer, the employee or both. If made by the employer, the contributions are not taxable to the employee; if made by the employee, it is an “above the line” deduction. • Basically, contributions go in tax free and come out tax free as long as the distribution is taken for “qualified medical expenses.” What is a qualified HDHP? • All covered benefits (except preventive care) must apply to the plan deductible, including prescription drugs. • Minimum deductibles for 2007 are $1,100 for individual and $2,200 for family coverage. For family coverage, 4

• Can’t be claimed as a dependent on someone else’s tax return (children can’t establish their own HSAs; spouses can if they are eligible).

Potential Advantages of an HSA: • Depending on demographics, the company could save on healthcare premiums. • The HSA provides employees an opportunity to contribute for future health-care expenses. • The plan would provide employees with a tax deduction and/or an income tax- and payrollfree contribution.

• If used improperly, an HSA could cause tax consequences to employees. • Responsibility for administration of the HSA is transferred to the employee; the employee is responsible for reporting all contributions and distributions to the IRS on Form 1040. • Employees with disabled spouses or children who are covered by Medicare or Medicaid would not be eligible for the HSA. • It is difficult to use an FSA (Flexible Spending Account) plan in conjunction with an HSA. • Once the employer contributes to the HSA, the funds belong to the employee. Depending on the employer contribution strategy, the company could pay more than anticipated for an employee who leaves the company early or in the middle of the year. For example, if an employer funds the HSA with a lump sum at the beginning of the year and an employee leaves in February, the employer cannot recoup that money. • These plans are often viewed as a “cost shifting” strategy by the employee.

• The employee owns the HSA; this makes it portable, and therefore, they take those dollars with them when they leave the company. • An employer can contribute to the HSA at any time and at any amount up to the statutory limits. • The employee would experience tax-free distributions for healthcare expenses. Disadvantages of an HSA: • They can be very complex and difficult for employees to understand.

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Employee Benefits HSA Basics

continued from page 4

• How would your recruiting efforts be affected? Would the competition in your market make it difficult to secure talented staff?

EAP Corner

Our company’s supervisors recently • Employees and/or dependents with attended a presentation on workplace chronic health conditions may substance abuse and were told never have a balance in their • Although HDHPs can reduce marijuana was addictive. I do not account to carry over. premiums and health care utilization, know anyone who ever became • If an employee has a large expense they may also discourage necessary addicted to marijuana. So what is the at the beginning of the plan year medical care. Would employees real story on how dangerous this drug (ie., hospitalization, extensive be less likely to fill a prescription? truly is (or is not)? testing, etc.), the employee may Would they skip a doctor’s visit or have to finance his or her health forego medical testing or treatment? The medical professionals who are the most knowledgeable about marijuana care due to lack of funds in the HSA. • Would the company save enough are addiction medicine physicians who • The reviews on HSAs are mixed between the HSA contribution and specialize in the treatment of alcoholics regarding their effectiveness in HDHP plan to warrant a switch? and drug addicts. The American Society controlling health-care costs, as of Addiction Medicine (ASAM) has 4,000 • When considering a carrier change of these physicians as its members. Their well as employee satisfaction. to implement the HSA plan, is the clinical work and research support the Points to ponder: network accessibility a good match with your employee demographics? policies and positions they publish on • If your employees enrolled in an controversial subjects such as marijuana. HDHP, would they be less able to For more information on HSAs or help ASAM’s public policy on marijuana was pay their medical bills? in determining if an HSA plan is right last updated in May 2006. You can look for you, please give the MEA Benefits • Would they be more likely to start it up at www.asam.org. ASAM states hearing from collection agencies or Department a call at 800-662-6238 or that marijuana is “a dangerous drug amortize their medical obligations? email benefits@meainfo.org. with harmful effects.” Addiction to it is classified as “the disease of marijuana dependence.” According to these experts, marijuana requires some addicts smoke four times as much as they once did Cafeteria Plan Administration Workshop to get the desired effect. Withdrawal August 7, 2007, 9 a.m. – 1 p.m., MEA Valley Forge Conference Center symptoms can last two to four weeks and may be so severe that medical You might want to attend this workshop if you wonder: support and detoxification is required 1) What’s a Cafeteria Plan? to overcome cravings. Like alcohol, 2) Our plan document is 8 years old; do we need a new one? not everyone becomes addicted to 3) What’s a plan document? marijuana. Similarly, a user’s 4) Do we need plan limits in place for our flexible spending accounts? past experience with the drug will 5) How can we get better employee participation? influence the believability about its 6) I know over-the-counter drugs are eligible for reimbursement, but what other expenses can be considered? addictive potential.

DON’T MISS OUT!

7) We have employees who want to change their elections mid-year due to life events; are the changes they want to make allowable? 8) What tests should we be conducting? In this comprehensive workshop, you will not only get answers to these questions, but you will come away confident in your knowledge of cafeteria plan administration, whether you use an outside administrator or you administer the plan in-house. To register or for more information visit our Web site at www.MEAinfo.org

Do you have employees you suspect may have an addiction? MEA’s EAP, through Care Plus Solutions, can help. To learn more about implementing an EAP at your company, please contact the MEA Benefits Department at 800-662-6238 or send an email to benefits@meainfo.org.

For Your Benefit: The Women’s Health & Cancer Rights Act (WHCRA) of 1998 contains protections for patients who elect breast reconstruction in connection with a mastectomy. Under the law, individuals must be notified of the coverage required by WHCRA upon enrollment and annually thereafter. It’s a good idea to check with your insurance carrier to see how this requirement is being met. www.MEAinfo.org

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President’s Message Customer Assistance is Not Always Customer Service continued from page 1

have been nicer or more caring and concerned. She was also clearly an expert in their merchandise and demonstrated superior product knowledge during our conversation. So, with information in hand, it was off to the local retailer to find my items. Or rather, as I would soon find out, to search for my items, on my own and without much luck. I had been through the direct merchant’s section of the local retail store a few times but had never done much more than curious browsing. One observation I did make, however, was the poor condition of the store displays and the lack of any dedicated, trained staff onsite. At first, the experience seemed so radically different I thought that perhaps the direct merchant had introduced a lower-level version of its clothing line for local retail stores. However a quick cross-check of a stock number dispelled the notion.

the exit without triggering the alarm and found the tag still on the garment when I got home. I had no idea that the device was armed with red ink and almost ruined my purchase trying to remove the tag! According to research done by Susan Goldstein Meyer, published in Production and Operations Management (Summer 2003), “A critical component of service strategy in high-contact environments is service encounter management. Effective service encounters are a result of the quality of employee development, including systems for work and job design, training and development, and attention to employee wellbeing.” Meyer also points to a study conducted by AC Neilson that found that financial performance, employee satisfaction, and customer satisfaction are in fact linked to one another.

My service encounter at the local retailer could have been a lot better if their staff had been provided with customer service skills development and had been properly trained to handle the direct merchant’s Between the picked-over products. As MEA instructs our merchandise, limited size and members in our certificate course product selections, and discourteous, “Customers First: The Key to Business disinterested store clerks, I found Success,” the following key points the experience flat at best. After are essential to providing superior considerable effort, I was able to find customer service and should be one item in the retail store, which I had reinforced with any employee dealing selected from the direct merchant’s with internal and external customers. Web site. I found a cashier who was Applying these eleven key concepts assisting another customer in front may mean the difference between of me. The two were in a somewhat your customers receiving average heated discussion about how to customer assistance and experiencing handle his purchase, and the customer excellent customer service. left in a visible state of dissatisfaction. Upon completing my purchase, I asked the cashier about the return policy, but he replied that he didn’t know what it was and that it should be on the receipt. To make matters worse, the cashier failed to remove the security tag. Somehow I got past 6

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• Find Your Motivation • Know Your Business • Put Yourself in Your Customer’s Shoes • Keep Your Word • Never Let the Customer Walk Away with a Problem • Pay Attention to Detail • Talk in a Way that a Customer Understands • Attitude is Everything • Make Every Customer Feel Comfortable • Build Relationships • Have an Open Mind Although each of the above is important to remember in making any service encounter successful, perhaps putting yourself in your customer’s shoes is most critical. Most of us would then be likely to treat others as we’d prefer to be treated ourselves; a lesson the store clerk in my encounter could have learned through proper training. Making these points a priority in service encounters will also help MEA members maintain customers and build relationships with new ones. Our Customer Service certificate program can help your employees develop their customer service skills and raise customer satisfaction. Visit our Web site for more information, or email registration@meainfo.org. — Jim Devine


Human Resources

Hotline Q&A

Become PHR/SPHR Certified! Stop thinking about becoming PHR/SPHR certified and register now for MEA’s 10 week study program to prepare for the PHR/SPHR exam. The course includes SHRM Learning System study materials; review sessions, discussions, exercises, practice tests and study strategies. “The SHRM Learning System is the only PHR/SPHR certification preparation program that consistently beats the national pass rate” (SHRM) Here are some reasons to become certified: 1. Enhance your effectiveness/credibility at your company 2. Take pride as an HR professional. Certification is the “badge” of your profession. 3. Stay current! The exam will keep you current, and the commitment to recertify every 3 years enables you to remain up to date. 4. Enhance your credibility as a strategic partner with your company’s top management.

Q

Are working papers, which are required for minors, the same for all ages?

A

No. All applicants under the age of 16 are automatically issued a “Vacation Employment Certificate,” which is a yellow card. Minors who are over the age of 16 are issued a “Transferable Work Permit,” which is a blue card. Fourteen and 15 year olds are subject to stricter laws; therefore, they are required to renew the certificate every time they secure a new job, until they turn 16. Once they turn 16, they are able to receive a transferable work permit that they can use for any job thereafter.

5. There are 87,104 certified professionals in the US (as of Jan. 30, 2007) – 48,921 PHRs and 37,501 SPHRs. Guess who will get the promotion or new job? Session Dates: Wednesdays, Sept. 12, 2007 – Nov. 14, 2007 Time: 5:00pm – 8:00pm Location: MEA’s convenient Valley Forge Conference Center Cost: Members - $995.00 Non-Members - $1,250.00 The next testing window is from Dec. 1, 2007 – Jan. 31, 2008. Email us at hrservices@meainfo.org or call Maureen Gutkowski at (610) 666-7330.

HR Policy Pointer: Leave of Absence Policies should clearly state the purposes for which an employee can take leave, paid or unpaid. The manner in which it is applied must be fair and not arbitrary, therefore eliminating a company’s leave policy as a source of employee dissatisfaction. When writing the policy, a company should be careful not to draft its leave policy so specifically as to eliminate all of its flexibility in granting leaves. Be sure that the leave conforms with federal and state laws as well. www.MEAinfo.org

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Human Resources

Human Resources

Paid Time Off — Is It Right For Your Organization? By: Judy Baehrle - MEA Human Resources Consultant - HR Services

Most employers allot a set number of paid days off for employees to take vacation, sick leave, and personal leave. However, paid time-off banks (PTO banks) are becoming more popular. A PTO bank is a benefit in which distinctions between vacation, sick leave, and parental or dependent care time off are eliminated. For example, instead of granting an employee 10 vacation days, 5 sick days, and 3 personal days, a company with a PTO bank would provide the employee with 18 paid days off to be used for any of those purposes. A Win-Win Situation Companies of all sizes — and their employees — can benefit from a PTO bank. The biggest employer benefit is that PTO banks tend to minimize

unexpected absences; employees are more likely to schedule a day off in advance rather than to call in “sick” on a day they want to take off from work. PTO banks also fit nicely into a basic philosophy at many companies to provide employees with flexibility and individual choice. In addition, PTO banks help ensure employees’ privacy. For example, instead of an employee asking to take a sick day to go to a doctor’s appointment or have a medical test done, he or she could simply request the day off. Employees can plan their time away from the company, and in turn, you, the employer, can plan for adequate staffing to cover the absence. A “win-win” for both!

Many organizations have found that they help trim the liability their companies are required to carry on the books to cover accrued vacation. That’s because the new plans typically come with limits on the number of days employees can build up in the banks or roll into the next year. It minimizes the financial exposure when an employee leaves the company, and the days they can carry over are now capped. What to Do When deciding whether to offer a PTO bank, you should consider questions such as: • Is there a perceived problem with the utilization of sick leave? • Are employees dissatisfied with the current sick leave and vacation policy? • If your company has an overall philosophy of flexibility and choice, how well does a PTO bank fit in with that? • Do you have the resources to properly communicate such a change to employees? • Do you have an implementation plan formulated and organized? Find out more by attending the HR Breakfast Briefing: IS PAID TIME OFF RIGHT FOR YOUR ORGANIZATION? Date: Wednesday, July 25, 2007 Time: 8:30am – 10:00am Place: MEA’s Valley Forge Conference Center Cost: Members $35 Non-Members $50 Or contact the HR Services Department at 610 666-7330 or hrservices@meainfo.org

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Training & Development

Lean on MEA

By Charles Scalies, MEA Preferred Provider, Source4Quality, Inc. In April 2007, The Philadelphia Inquirer circle, each speaking in turn. It is very Waste is any activity that (“N.J. Textile Firm Finds a System for common for a session to produce 48 consumes resources but Success,” By Henry J. Holcomb Inquirer ideas. Some come up with 60 or more,” creates no value. In a Staff Writer) reported that a South Adair said. production environment it Jersey textile firm, Absecon Mills, Inc., was enjoying dramatic improvements Many of the teams’ changes were includes overproduction, in productivity and sales because they ordinary. Tools were moved closer waiting time, unnecessary to where they are used. The shape implemented “lean manufacturing” transport and handling, techniques under a training grant from of each tool was painted on storage over-processing of racks (AKA a “shadow board”) to make the State of New Jersey. With their parts, excess inventory, it instantly apparent where it went margins being nibbled by Sun Belt unnecessary motion, scrap competitors and their volume assailed when returned. The flow of work was and defects. changed to reduce the set-up time by low cost imports from China, between jobs. They instituted tighter Absecon knew it had to both reduce monitoring to make certain that the (e.g. ISO 9000, ISO 13485, ISO 14000) costs and counter the import “edge.” right materials - in the right amount and certification. We have instructors 80% Better Turn Around Time! - are available when needed. and consultants that have been in As a result of its lean initiatives, this business for many years and Is it real or just smoke and mirrors? Absecon cut the time between are ready to help your organization James P. Womack and Daniel T. receiving an order and delivering a become Lean. Jones said, “If you can’t quickly take product down to two to four weeks, throughput times down by half in If you are committed to improving beating the 10 to 12 weeks it takes product development, 75% in order results by reducing waste in all to get an order from China by ship. processing, and 90% in physical its forms and to enhancing your “Unless a distributor is willing to sit on production, you are doing something organization’s ability to consistently a ton of inventory, and risk the high wrong. ” (Lean Thinking, New York, do all the things necessary to achieve cost of having obsolete colors, China Simon and Schuster 1996). Even those results, we urge you to take full can’t compete with us,” said David if they are guilty of the wildest advantage of your MEA membership. Adair, Absecon’s Executive hyperbole, and are overstating their If financial resources are holding you Vice President. case by a factor of 4 to 1, the numbers back, we can help there, too. MEA Another effect of Absecon’s lean would still be impressive. can help determine if you are eligible initiative was to reduce the inventories for training grants and help you Certainly, you can and will find waste, of both Absecon and its distributors. apply for them if you are. All it takes and probably lots of it, on your first “Excess inventory ties up cash is a phone call to MEA’s Manager of pass through with Lean Thinking, but and generates interest costs,” said Organizational Solutions, Carol-Anne it would be foolhardy to expect that Absecon’s CEO, Randolph S. Taylor. Minski at 610-666-7330 x101 to get Lean will be a magic bullet or a quick the ball rolling. Their Winning Formula fix. It will take management grit and “Lean manufacturing,” Adair said, “is lots of involvement and hard work by “My MEA training on ISO about cutting wasted steps, wasted everyone in the organization. 9001:2000 Implementation motion and wasted material.” It is proved to be invaluable. I really Did you know? also about getting it right the first didn’t have any good ideas on time. Repeating work, particularly if it Many MEA Member firms and clients how to tackle such a big task, but have called upon us to help them requires recycling faulty product, Charley Scalies, MEA Preferred kick-start and implement their process is expensive. Provider, Source4Quality Inc., was improvement and lean strategies. We extremely knowledgeable, helpful Part of this process includes cross can provide you, too, with assistance, and pleasant to work with. The functional teams of workers studying training and on-going consulting in materials provided were excellent every detail of the work, seeking ways Lean Manufacturing and the related as well. I would recommend this to improve and avoid backsliding tools along with complete quality training to anyone in my situation.” into old habits. “They brainstorm in a management system implementations - Sonja McClennen of Esstech, Inc. www.MEAinfo.org

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Training & Development

Why Sales Training is an Investment and Not a Cost

By Clara Console, MEA Director of Membership, Organizational Development Solutions, and Marketing In the world of training, we are constantly bombarded with the question: How can I measure the value of the training that I’m buying? Of course, my feeling is that I hope the training you are “buying” is actually going to affect some change…in productivity, morale, and/or skill enhancement. Therefore, I see investing in training as a growth-related activity. There are ways of measuring the return on investment for when you are investing in training, but it takes time and effort. Ah, but in measuring the return on investment for sales training, there is the possibility of instant gratification for the Sales Manager or business owner who invests in his or her people. And notice that I didn’t limit this to investing in only “sales” people. Sales training is great for anyone who is involved in the sales process, and who is interested in boosting sales. Depending on what you are selling, an investment in sales training can help catapult you into territories you never imagined: geographically, or financially. Whatever type of sales you are involved in, you can learn tips and techniques that will get you to the “close” faster and that will waste less of your time on prospects that are not likely to turn into clients. Having had a chance to see Evan Polin teach, I can see why the Training

Resource Group (TRG) has become MEA’s Preferred Provider for Sales and Sales Management training. Evan has a wonderful way of teaching where you find yourself learning tips and techniques at each point of the class. We believe in the TRG training so much, that we have several of our own employees attending sales training.

I welcome you to invest in yourself, or in your employees. Evan will even show you how to measure the results so you can show just how much the investment is paying off! Our courses are listed in our Training and Services Catalog and on our Web site at www.meainfo.org.

Tips of the Trade: In our communication courses we teach how to prevent misunderstandings, listen effectively and maximize the communication potential of technology. Having said that, here is a great tip for communicating using the telephone: When leaving a voice message, remember that the receiver needs to hear as much information as needed to react to the request. Don’t leave a message that has the receiver asking: “What did she say?” “What is her phone number?” “What does he need?” Be clear, speak slowly, and say your name and phone number at the start of the message, as well as at the end of the message. Don’t miss out on opportunities or important answers by not being clear! 10

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Training & Development Introducing MEA’s NEW Sales Certificate Program and Sales Management Certificate Program Core Sales Certificate Seminars:

Providing your sales people with the tools to improve the sales process and close more business. Systematic Selling: July 18 • 9am- 4pm Identifying Prospects’ Problems: August 1 • 9am-1pm Introduction to Prospecting - How to Find New Clients: August 9 • 9am-1pm Closing the Sale: September 28 • 9am-1pm

...PLUS TWO ELECTIVES Core Sales Management Seminars:

Providing management with the tools to take your sales team to the next level. Systematic Selling: July 18 • 9am- 4pm Increasing Your Sales Team’s Effectiveness: August 2 • 9am-1pm Strategic Account Management: September 27 • 9am-1pm Build and Mold Your Model Employee: October 4 • 9am-1pm

...PLUS TWO ELECTIVES

Suggested Electives: Successful Communication • July 24, 9:00am-4:00pm Public Speaking: Powerful Presentation Skills • August 8 & 15, 9:00am-4:00pm Time Management with Day-Timer© Time Power • October 2, 9:00am-4:00pm Cold Calling • October 25, 9:00am-1:00pm

All seminars listed above are being held at MEA’s Valley Forge Training Center. www.MEAinfo.org

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Leader to Leader

Strategic Planning

Start Your Process with an Action Plan A “S W O T” Analysis is an ideal way to begin the process of strategic planning. Identifying your organization’s Strengths, Weaknesses, Opportunities and Threats can bring critical issues into focus and help establish priorities in moving forward. Traditionally a strategic planning process may also begin with a “visioning” exercise, often done in connection with a S W O T analysis, to essentially gauge the distance between where an organization is and where it wants to be, and provide strategic direction to the overall initiative. However, I suggest our members consider starting the strategic planning process months ahead of time with an action planning process, targeted to address short-term issues in a twelve-to-eighteen month timeframe. Action plans should spell-out in detail a description of each deliverable, and sub-deliverable, and their targeted completion dates. Additionally, specific resources should be identified, including internal staff that may need to allocate time to the deliverable and third-party resources that may have a cost impact. Other relevant impact items such as technology, capital improvements and marketing should also be identified and budgeted. Updates should occur approximately every 90 days as early stage deliverables are completed and perspectives on the effectiveness of deliverables in progress can be better assessed.

to the action planning process that may seem conceptually distant or ambiguous in a multiple year strategic initiative. Finally, the accountability that is so critical for core team members to embrace in any planning initiative may have more impact given impending due dates that are inherent in an effective action plan.

MEA is currently engaged in a strategic planning process. This has been a very positive and productive experience including members of the MEA Leadership Tip: A planning leadership team and select members initiative may have wonderful of our board of directors. It has also vision and valuable outcomes for been a valuable learning process. I’d an organization; however, it may be delighted to share some of our key languish in concept stage without the takeaways with other leaders within benefit of experience of managing our membership. Please don’t accountability and execution in hesitate to contact me with your real-time situations. Start your strategic thoughts or questions. — Jim Devine planning process with an action plan

The action planning process, aside from facilitating completion of important deliverables, provides often-needed discipline within a timeline horizon that may be absent or difficult to appreciate in a longer-term strategic planning process. There are also very real and grounded outcomes 12

and you may avoid the delays in execution and lack discipline to stay the course that are not uncommon with strategic plans, particularly where resources may be limited.

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From Beyond the Region Survey of Workplace Violence Prevention By Douglas J. Getting, Safety Director, The Management Association, Inc. According to the most recent survey • Co-Worker - the perpetrator is on workplace violence from the an employee, past employee Bureau of Labor Statistics (BLS), nearly of the business, or contractor who five percent of the 7.1 million private works as a temporary employee industry business establishments in of the business and who attacks or the United States have had an incident threatens another employee. of workplace violence in the previous • Domestic Violence - the 12 months. Although approximately perpetrator, who has no one-third of these establishments legitimate relationship to the reported the incident had a negative business, but has a personal impact on their workforce, the great relationship with the intended majority of these establishments did victim, threatens or assaults the not change their workplace violence intended victim at the workplace prevention procedures after the (e.g., family member, boyfriend, incident. Almost 9 percent of these or girlfriend). establishments had no program or policy addressing workplace violence. The “Survey of Workplace Violence Prevention, 2005,” was conducted by Prior to the time this survey was the U.S. Department of Labor Bureau conducted, very little information of Labor Statistics for the National existed regarding the policies, Institute for Occupational Safety and training, and other related issues from Health (NIOSH), Centers for Disease the employers’ perspective. Most Control and Prevention. The survey workplace violence studies were from looks at workplace violence, the the employees’ or victims’ viewpoint. prevalence of security features, the The survey defined “workplace risks facing employees, employer violence” as violent acts directed policies and training, and related toward a person at work or on duty, topics associated with maintaining a and includes physical assaults, threats safe work environment. of assault, harassment, intimidation, Data is available for private industry, and bullying. state government, and local government Workplace violence is classified in four types:

establishments tracked the costs associated with workplace violence. The survey was designed to allow characterization of how the issue of workplace violence is addressed in U.S. workplaces and to provide researchers with information to develop educational interventions to improve workplace safety. The “Survey of Workplace Violence Prevention, 2005” can be reviewed at: http://www.bls.gov/iif/osh_wpvs.htm.

The Management Association, Inc. P.O. Box 911 • Pewaukee, WI 53072-0911 (800) 488-4845 • (262) 523-9091 (fax) www.mranet.org

by industry and size of establishment, that is, the number of workers employed. Over 128 million workers employed at 7.4 million establishments are represented by the survey.

• Criminal - the perpetrator has no legitimate relationship to the business or its employees and is usually committing a crime in This voluntary survey provides conjunction with the violence (e.g., estimates of the number of robbery, shoplifting, or trespassing). establishments and employees covered by a workplace violence • Customer or Client - the prevention program or policy. The perpetrator has a legitimate relationship with the business and survey also collected data on the characteristics of the program or becomes violent while being policy at the establishment, types of served by the business (e.g., training on workplace violence and customers, clients, patients, topics covered, whether an incident students, inmates, or any other of workplace violence had occurred group to which the business in the last 12 months, and whether provides services). www.MEAinfo.org

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Legal Brief What Every Corporate Counsel Needs to Know About Employment Practices Liability Insurance Applications By: Michael Conley, Esq. and Jackie Taylor, Esq. - Anderson Kill & Olick, P.C.

Employment practices liability insurance (“EPLI”) policies can provide protection against the typical discrimination and sexual harassment suits that come to mind, as well as cover breach of employment contract and, increasingly, whistleblower retaliatory measures, libel and slander. The Equal Employment Opportunity Commission receives some 200 new employment practices liability complaints alleging discrimination based on race, sex, national origin, religion, retaliation, age, and disability, and even if an employment-related claim is baseless, defense costs can be significant.

a claim. In addition, and as every corporate counsel is aware, since a “supervisory employee” may be the culprit, he/she is often unlikely to disclose an incident to a risk manager or other company employee who is completing the EPLI application.

In another case, the insurance company argued that the policyholder failed to disclose claims against it when it applied for a renewal of its EPLI policy. The Court held in favor of the insurance company, awarding rescission and reimbursement for amounts it paid under the policy, plus prejudgment interest. At issue was the policyholder’s failure to disclose on the renewal policy application two administrative charges for discrimination that it became aware of during the original policy period.

An insurance policy may be rescinded for misrepresentation if the insurance company can establish that a representation was false, the policyholder knew the representation was false when made or made it in bad faith, and the representation was Conclusion material to the risk’s being insured. Insurance applications are not as Insurance companies are quick to innocuous as they may seem and, The intent of this article is to alert argue rescission or fraud for failing as such, corporate controls should corporate counsel and risk managers to disclose, for not fully disclosing, or be in place to make sure corporate as to one potential pitfall of EPLI for putting the wrong information in counsel signs off on all representations coverage: the insurance application. an application. In one such case, the concerning claims history. If a question Many application questions, particularly insurance company alleged that the in the application is ambiguous or with regard to claims issues, can be policyholder fraudulently failed to would require questioning virtually difficult, if not impossible, to answer. If disclose on a renewal application that every company employee, you may the policyholder does not answer the it had terminated three employees of need to change the question on the questions on its insurance application a subsidiary bank that it had recently fully, the insurance company may later acquired. Ultimately, the Court held in application itself. The bottom line is say that the policyholder failed to disclose favor of the policyholder, that is, against that, post-claim, insurance companies material information on the application. rescission. The application made it clear increasingly scrutinize applications to look for a reason to rescind - do not give That may provide the insurance company that the policyholder was not seeking them an opening to argue rescission. with a defense to coverage. coverage for the subsidiary’s employees. Only later did the policyholder request One particularly troubling application to add the subsidiary to the EPLI policy. asks if the policyholder’s officers, directors, managers or supervisory For more on this topic, attend: Employment employees are aware of any “facts, circumstances, disagreements or Practices Liability Insurance (EPLI) Ten Tips to incidents which might result in a Avoid Employment Practices Claims* Claim” by any employee or applicant for employment, for inappropriate SPEAKERS: Michael Conley, Esq.; Frederick A. Pettit, Esq.; Darin J. employment conduct, harassment, or McMullen, Esq.; and Jackie G. Taylor, Esq.; - Anderson Kill & Olick, P.C. discrimination, or by any third party FEE: Members: $85.00/person Non-Members: $125.00/person for harassment or discrimination. For corporate counsel, the problem WHEN & WHERE: Thursday, July 12 • 9:00am - 12:00pm • MEA Valley with such a question is obvious Forge Conference Center employment issues come up every 3 HRCI credits day, and it is often impossible to know what “circumstances,” “disagreements” *This program has been approved for recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI) or “incidents” may ultimately lead to 14

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Industry Focus: Eye on Manufacturing

ManuFACTS Reprinted with permission of the National Association of Manufacturers

Nonqualified Deferred Compensation

Anti-savings proposals could reduce retirement programs for many manufacturing employees Under a nonqualified deferred compensation plan, an employee “defers” receiving compensation (and the tax on that income) until a later date. Employees participate in deferred compensation plans to supplement the retirement savings allowed in qualified plans, like 401(k)s. There’s a risk involved with nonqualified deferred compensation plans. Unlike qualified plans, there is no guarantee that an employee will receive the amount deferred – employees risk losing some or the entire deferred amount in the event of their employer’s insolvency. Deferred compensation is not a tax shelter – the employee gives up (and the employer gains) use of the money until a later date – constructive receipt and the employer deduction occur at the same time. The legislation passed by the Senate includes small business tax incentives that would be offset by several harmful revenue increases. Included in this package is language that would impose significant limits on the amounts employees can defer to the lesser of (i) the average annual taxable compensation over the previous five years or (ii) $1 million. This change would effectively eliminate the ability of employers to use deferred compensation as a retention tool for valued employees. By limiting the annual amount of deferred compensation, the provision will directly and adversely affect middle management

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employees. Moreover, any violation of the new rule, even unintentionally, will trigger immediate taxation of all prior deferrals. In 2004, Congress reformed nonqualified deferred compensation plans. Final regulations – running some 400 pages - implementing these changes have just been released by the Treasury Department. Changing the rules again will only add to the uncertainty of these provisions. Bottom Line: The provision in the current Senate legislation, which is not targeted at any abuse of deferred compensation rules, is a solution in search of a problem. By imposing limitations on nonqualified deferred compensation plans, legislators are undermining the purpose of this savings vehicle. Furthermore, Congress has recognized that arbitrary limits on deductible compensation have had unintended consequences and limiting deferred compensation in this manner will have similar negative consequences. At a minimum, Congress needs to allow the 2004 changes to work before making any additional changes.

NAM Resources - For more information on the NAM and this issue, please go to: www.nam.org. NAM Contact: Bob Shepler at (202) 637-3071 or bshepler@nam.org.

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Environmental and Safety Compliance Deadlines

July-August 2007 July 1, 2007 – Toxic Release Inventory (Form R) submittal for facilities that use, process or manufacture certain substances above threshold quantities. 42 USCA 11023(a). July 1, 2007 – Release and Pollution Prevention Report required for each employer in New Jersey subject to the reporting requirements of SARA Title III, 313. N.J.A.C.7:1G-4.1. July 1, 2007 – Pollution Prevention Plan Progress Report and/or Update required for priority industrial facilities in New Jersey using certain hazardous substances above threshold quantities. N.J.A.C.7:1K.

July 28, 2007 – Quarterly Discharge Monitoring Reports are required for facilities in Pennsylvania with an NPDES permit. 40 CFR 122.41(I)(4)(i). Quarterly is the typical reporting timeframe. See permit for site-specific reporting requirements. July 30, 2007 – Excess Emission Reports due for many facilities in New Jersey with Continuous Emission Monitors. Most permits require quarterly submission of Excess Emission Reports. 40 CFR 60.7(c);N. J.A.C.7:27-8:15;NJDEP Technical Manual 1005, July, 2001.

July 30, 2007 – All major facilities in New Jersey with an approved Operating Permit issued by the New Jersey Department of Environmental *July 1, 2007 – Suppliers of electrical and electronic equipment Protection (DEP) pursuant to N.J.A.C.7:27-22, also known as to the European Union must assure Subchapter 22 – OPERATING PERMITS Member States that their products are to submit the semi-annual contain no banned substances. Directives 2002/95/EC and 2005/96/EC compliance certification reports to the Department. of the European Parliament. July 21, 2007 – All generators of RMW must complete and submit an Annual Generator Report (forms are provided by the NJDEP) to the Department for the period of June 22 through June 21 of each calendar year by July 21 of each calendar year (N.J.A.C.7:26-3A.21(d)) unless the Department specifically changes the reporting or filing date. July 25, 2007 – Quarterly Discharge Monitoring Reports are required for facilities in New Jersey with an NPDES permit. 40 CFR 122.41(I)(4)(i). Quarterly is the typical reporting timeframe. See permit for site-specific reporting requirement. 16

July 30, 2007 – As specified in the facility’s air permit, many Title V facilities and synthetic minor facilities are required to submit quarterly Operating or VOC Tracking reports. July 31, 2007 – Semi-Annual Monitoring Report for Title V’s in Philadelphia are due. Other jurisdictions due dates may vary according to permit. July 31, 2007 – NESHAP SemiAnnual Compliance Report Due for facilities who have completed their initial compliance period. 40 CFR 63, various Subparts. www.MEAinfo.org

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*August 10, 2007 – NESHAP 40 CFR 63, Subpart HHHHH – Miscellaneous Coating Manufacturing: For an existing affected source, at least 240 days after the compliance date (unless otherwise noted by a facility permit), but no later than August 10, 2007, you must submit an initial Semi-Annual Compliance Report. 40 CFR 63.8075(b). *August 19, 2007 – NESHAP 40 CFR 63, Subpart EEEEE – Iron & Steel Foundries: For an existing affected source, at least 60 days before the performance test is scheduled to begin, but no later than August 19, 2007, you must submit notification of intent to conduct a performance test. 40 CFR 63.7(b) and 63.7750. *Indicates item is new for 2007 MEA partners with Compliance Management International to provide cost-effective and efficient means for managing environmental, health and safety issues.


MEA Workplace Whiteboard Sample Salary Scale Chart ABC Company

Annual Rate Salary (Thousands)

300

Maximum of Salary range

20% Above/20% Below

280

Midpoint

260

Mid-Point

Employee Pay

240

Company Trend

220 200 180 Minimum of Salary Range

160 140

Individual Employee (Outside Of Salary Grade Range)

120 100

Average Trend Of Salaries Across Grade Levels

80 60

Individual Employee (Below Midpoint Of Grades)

40 20 0 0

1

2

3

4

5

6

7

8

9

10

11

Salary Grades

12

13

14

15

16

17

18

Getting to Know the Staff at MEA MEA Research Support Specialist Kay Dutton has always had a way with numbers. After graduating from Ursinus College with a Bachelor of Science degree in mathematics, she began her career as a substitute math teacher in secondary schools in the area. She also acquired office experience at various companies before taking on a full-time teaching position. After teaching math and computer science full time for 10 years, Kay joined the team at MEA 17 years ago to do surveys using a customdesigned process. Her job also includes coordinating the Employers’

Guides for publication and serving as a liaison with IT support for the employees at MEA. Kay is in charge of the Compensation & Benefits surveys, the Policies surveys, the Holiday survey and the survey that provides data for the Salary Planning Guide. “I enjoy the work because of the basis in math,” she said. “The surveys have always been an important draw for companies to join MEA. They find the data very useful. They’ve always been an important source of information for our members because the data is focused on small and mid-sized companies and is regional, rather than national.” www.MEAinfo.org

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August 2007 Seminars & Events MONDAY

TUESDAY

WEDNESDAY

1 VF denotes seminars held at MEA’s Valley Forge Training Center, Norristown, PA. NJ denotes seminars held at Atrium II Executive Suites, Mt. Laurel, NJ, Training Facility.

• Planning, Developing and Managing Your Organization’s Training (PDM) - NJ • Avoiding Harassment in the Workplace – Employee Module - VF

THURSDAY

2

FRIDAY

3

• HIPAA Update: Part Two Medical Privacy Issues – VF • Increasing Your Sales Team’s Effectiveness - VF

• Identifying Prospect’s Problems - VF

6

13

20

7

• Adult, Child and Infant CPR with AED – NJ • First Aid & Bloodborne Pathogen Training for Emergency Responders – NJ • Effective Employee Relations, Recognition and Evaluations – VF • Cafeteria Plan Administration Workshop - VF

8

• Managing People through Motivation – VF • Public Speaking: Powerful Presentation Skills (Day 1) – VF

9

• Basics of Employee Benefits – NJ

10

• Introduction to Prospecting: How to Find New Clients - VF

• Workers’ Compensation – Nuts & Bolts - VF

14

15

• Professional Telephone Skills – NJ

• Leadership Skills for Today’s Workforce – NJ

• Avoiding Harassment in the Workplace – Supervisor Manager Module - VF

• Compensation Plan Design – VF

21

22

• Forklift Operator Certification – NJ

• Basics of Federal Employment Laws – VF

16

17

• Train-the-Trainer - VF • The New EEO-1 Report: What you need to know to complete it correctly- VF

• Public Speaking: Powerful Presentation Skills (Day 2) – VF

23

24

• Handling Difficult People – NJ

• Understanding Your Impact as a Leader using DISC Theory – VF • Human Resources Round Table - VF

27

28

29

• Customers First: The Key to Business Success – NJ

• Coaching Skills for Managers and Supervisors – VF

• Critical Conversations: “Having the Hard to Have Discussions”- VF

• Inspections for Incident Prevention – NJ

30

31

• Basics of Compensation - NJ

Registration Information: For seminar descriptions, times and fees, please refer to the current MEA Training Catalog or call MEA at (800) 662-6238. To register for any program, please visit our Web site, www.MEAinfo.org, or call MEA. You may also e-mail your registration to registration@MEAinfo.org. Cancellation Information: Refunds are available for cancellations received in our office five working days prior to the start of the program. No refunds are available for cancellations received later than five working days before the program. Alternate registrants will be accepted at no additional charge.

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Surveys & Publications GUIDES

SURVEY REPORTS Regional

ADA Guide Members: $25.00; Non-Members: $35.00; S/H: $10.00

Administrative and Office Support

Affirmative Action Plan Guide

Members: $80.00; Non-Members: $100.00; S/H: $10.00

Employer’s Guide to Employee Relations Laws and Regulations • Federal & Pennsylvania • Federal & New Jersey • Federal & Delaware

Members: $285.00; Non-Members: $575.00; S/H: $10.00

Information Services

Members: $285.00; Non-Members: $575.00; S/H: $10.00

Engineering, Scientific and Technical

Members: $285.00; Non-Members: $575.00; S/H: $10.00

Supervisory and Management

Members: $95.00; Non-Members: $130.00; S/H: $10.00 Purchase of three or more guides: Members: $75.00 each; Non-Members: $95.00 each; S/H: $10.00

Members: $285.00; Non-Members: $575.00; S/H: $10.00

Family & Medical Leave Act (FMLA) Handbook & Pads

Health Benefits

Pay Structures

Members: $160.00; Non-Members: $265.00; S/H: $10.00 Members: $200.00; Non-Members: $300.00; S/H: $10.00

• Sample policies: expanded definitions; • FMLA interactions with WC and ADA (includes three sets of pads)

Salary Planning Guide

Members: $60.00; Non-Members: $125.00; S/H: $10.00

Personnel Policies, Practices and Benefits

Members: $65.00; Non-Members: $105.00; S/H: $10.00

Members: $350.00; Non-Members: $650.00; S/H: $10.00

FMLA Pads Only (Set of Three)

1) Leave Request; 2) Physician’s Certification; and 3) Employer’s Response to Requested Leave

National

Members: $35.00; Non-Members: $50.00; S/H: $10.00

National Executive Compensation

Violence Goes to the Workplace: An Employer’s Guide

Members: $285.00; Non-Members: $450.00; S/H: $10.00

National Wage and Salary

Members: $40.00; Non-Members: $55.00; S/H: $10.00

Members: $150.00; Non-Members: $275.00; S/H: $10.00

HIPAA Guide

National Pay Trends

Members: $125.00; Non-Members: $175.00; S/H: $10.00

Members: $60.00; Non-Members: $125.00; S/H: $10.00

POSTERS

National Policies & Benefits

Members: $350.00; Non-Members: $650.00; S/H: $10.00

Federal 7-in-1; Pennsylvania 7-in-1

National Sales Compensations and Practices

Meets all posting requirements. Avoids cluttered bulletin boards. • 1-10 - Federal-PA Members: $12.00 ea.; Non-Members: $17.00 ea.; S/H: $10

Members: $225.00; Non-Members: $435.00; S/H:$10.00

National IT and Engineering

Members: $315.00; Non-Members: $630.00; S/H:$10.00

• 11-24 - Federal-PA Members: $10.00 ea.; Non-Members: $14.00 ea.; S/H: $10

Survey prices quoted are for pdf format. For a printed copy, there is an additional charge. For additional information, please contact Kay Dutton, Surveys & Publications Department, at (800) 662-6238 x.115 or email research@MEAinfo.org.

• 25-50 - Federal-PA Members: $9.00 ea.; Non-Members: $12.00 ea.; S/H: $10 • 50+ - Federal-PA Members: $8.00 ea.; Non-Members: $10.00 ea.; S/H: $10

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research@MEAinfo.org

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NONPROFIT ORG U.S. Postage

MEA Management Development Institute

PAID Royersford, PA Permit No. 570

945 South Trooper Road P.O. Box 770 Valley Forge, PA 19482-0770

www.MEAinfo.org

800.662.6238

FAX 610-666-7866

New in 2007 • COBRA Administration Services • HRAnswersNow –Providing MEA members with expert guidance that’s easy to use, from Commerce Clearing House • Sales Certificate Programs • Courses approved for Strategic-level HRCI recertification credits • A monthly electronic HR Compliance update called Workplace Advisor


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