The Enterprise-Utah's Business Journal, Dec. 5, 2011 by Vaughn Taylor

UTAH’S BUSINESS JOURNAL www.slenterprise.com

THIS WEEK 240 pallets of merchandise returned to Overstock.com to be auctioned See page 3.

• Industry Briefs • Begin on page 5.

• Calendar • See page 13.

Focus W UTAH

a sa t c h Fr o n t

Manufacturing In this edition.

Dec. 5-11, 2011

Mortgage lender to double size of SLC operations By Barbara Rattle The Enterprise W.J. Bradley Mortgage Capital Corp., a Denver-based independent mortgage lending firm formed in 2003, will double the size of the company’s centralized operations center in Utah early next year, and plans to hire another 100 people over the next 18 months. Currently located in about 25,000 square feet in South Jordan, the company will move in late February or early March to 50,000 square feet on two floors in the Workers Compensation Fund building at 100 W. Towne Ridge Parkway in Sandy. “We are expanding and have been for a while,” said Michael Kime, COO. “Our centralized operations are here in Salt Lake and have been growing pretty rapidly for the last couple of years. When I started with this business in late ‘07 I think we had five employees in Utah and about 2,500 square feet. Three years ago we moved from our first building in

the Taylorsville area down here to South Jordan and have now filled that up; we’re kind of bursting at the seams. We’ve added a couple hundred employees in the last two years here in Salt Lake and [the new location] will be configured for about 350 personnel.” Kime attributed the firm’s success to being in the right place at the right time with the right amount of capital. “Whenever there’s a lot of volatility there’s also a lot of opportunity,” he said. “Being in a spot where we’re properly capitalized and have invested in our infrastructure, the market actually for us is bigger than it’s ever been. We agree that the size of the industry is smaller, but we also agree that the number of transactions are fewer but the number of participants [lenders] is see BRADLEY page 3

Copper Onion creator to launch new restaurant, Plum Alley By Barbara Rattle The Enterprise The creator of the popular downtown Salt Lake City restaurant Copper Onion is slated to launch a new eatery later this month called Plum Alley. To be located directly east of Copper Onion in a space formerly occupied by Sicilia Pizza at 35 W. 300 S., Plum Alley will having seating for about 58 inside and another 50 on a wrap-around patio, said Ryan Lowder, who, with a silent partner, owns both restaurants. “It’s going to be heavily influenced by Southeast Asian [cuisine] but we’re not limiting ourselves to that,” Lowder said of Plum Alley, which will launch with a full liquor license. Some of Plum Alley’s signature dishes will include a Japanese-style ramen dish cooked tonkotsu style with a pork bone broth that takes 20 hours to make; a Malaysian beef rendang that will consist of beef cooked in coconut

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Volume 41, Number 19

Largest hand-rolled soft pretzel chain enters Utah market

Auntie Anne's has opened a location in South Towne mall in Sandy. More mall-based locations are planned. By Barbara Rattle The Enterprise The man who brought the Krispy Kreme doughnut chain to Utah has introduced another internationally franchised treat to the Utah market. University of Utah graduate and Las Vegas resident Lincoln Spoor heads Dough Knot LLC, which has opened an Auntie Anne’s hand-rolled soft pretzel store at the South Towne Center mall in Sandy, and is planning to open additional mall locations.

“We’re looking for highquality malls; 99 percent of their stores are mall-based,” Spoor said of Auntie Anne’s, a Pennsylvaniabased franchise with 1,523 location is 45 states and 22 countries. “City Creek would be a great spot, Fashion Place — all of the nice malls would be great.” Dough Knot LC is the Auntie Anne’s preferred developer for Utah, and while Spoor said he has not committed to opening a specific number of stores here, he see PRETZEL page 2

Year-end tax tips from the National Society of Accountants

milk and spices; several curries, including a chicken curry and a bone marrow curry; and a kimchi stew with pork stock, pulled pork and spongy rice crackers. A raw foods bar will feature items such as oysters, sashimi-style salmon with a Southeast Asian twist, and beef tartare. Nothing will be priced at more than $15. Seating will be communal, which Lowder said is new to Salt Lake City, while a private dining area accommodating 16 patrons will be available. Plum Alley will begin busisee PLUM page 2

Year-end tax planning is essential for every business and individual. This year is no exception. As usual, certain tax law changes may influence tax-planning strategy. Paul Thompson, chair of the National Society of Accountants (NSA) Federal Taxation Committee, offers these business tax tips: • Purchase New Business Equipment. Under Internal Revenue Service (IRS) Code Section 179, taxpayers can elect to recover part or all of the cost of qualified property, up to a limit, by deducting it in the year it is placed in service. Business should take advantage of Section 179 expensing this year for a couple reasons. First, starting in tax year 2010 and continuing into tax year 2011, the maximum

Section 179 expense deduction for equipment purchases increased to $500,000 ($535,000 for qualified enterprise zone property) and the bonus depreciation increased to 100 percent for qualified property. Beginning in tax year 2012 however, the Section 179 deduction is scheduled to drop to $125,000 and the bonus depreciation to be reduced to 50 percent and then be phased out completely. • Increase Loss Deductions. Partners or S corporation shareholders in entities that have a see TAXES page 2

TAXES from page 1

loss for 2011 can deduct that loss only up to their basis in the entity. However, they can take steps to increase their basis to allow a larger deduction. Basis in the entity can be increased by lending the entity money or making a capital contribution by the end of the entity’s tax year. • Issue Corporate Dividends. Reduce accumulated corporate profits and earnings by issuing corporate dividends to shareholders, which continue to be taxed at the 15 percent rate through 2012. • Set Up Retirement Plans. Self-employed individuals who have not yet done so should set up self-employed retirement plans before the end of 2011. Tax Tips for Individuals The National Society of Accountants offers this checklist of tax items, courtesy of CCH, a Wolters Kluwer business. Barring any last-minute extensions by Congress, here is what is going away after 2011: • Payroll tax cut for employees and self-employed individuals. • Tax-free IRA distributions to charity. • Increased (to 100 percent) exclusion for sales of qualified small business stock.

• Above-the-line deduction for higher education tuition costs. • Above-the-line deduction for certain out-of-pocket classroom expenses. • Deduction for state and local general sales taxes in lieu of state and local income taxes. • Mortgage premium insurance deduction. • Plug-in conversion credit for vehicles converted from standard to plug-in electric drive motor vehicles. • Residential energy property credit for qualified energy efficient improvements and expenditures. • Increased AMT exemption amounts for individuals. • Nonrefundable tax credit offset of your entire regular and AMT tax liability. On the plus side, several important tax provisions have been extended through 2012, so year-to-year decisions involving these items are less of a concern. They include: • Reduced marginal tax rates of 10, 15, 25, 28, 33, and 35 percent. • Lower rates of 0 and 15 percent for capital gains, dividends and certain property held for more than five years. • Marriage penalty relief for taxpayers filing joint returns. • Repeal of exemption and itemized deduction phase-outs. • Various education-related

incentives including (1) exclusion from income and employment taxes for employer-provided education assistance; (2) exclusion from income for National Health Service Corps Scholarship and Armed Forces Scholarship programs; (3) student loan interest deduction; (4) Coverdell Education Savings Accounts contribution limit and related provisions; and (5) American Opportunity Tax Credit (AOTC). • Amendments made to the child tax credit, including the increased credit amount of $1,000 per qualifying child. •Child and dependent care credit enhancements, including the increased maximum credit percentage of 35 percent, higher income limits, and increased maximum amount of qualifying expenses. •Increased maximum amount of the earned income tax credit and broader AGI phaseout ranges for taxpayers with three or more qualifying children.

from page 1

ness by being open Tuesday through Saturday for dinner only, Lowder said. Lunch will be added at a later date. It has not yet been decided whether the eatery will be open six days per week or seven. A club license will be sought as soon as more become available from the state. Lowder said he decided to pursue an Asian-style restaurant when a desirable space became available, but he did not want to compete with the Copper Onion. It helps that Lowder and his chef have a great deal of experience working at Asian restaurants and with chefs that specialize in Asian cuisine. Lowder said he worked for a number of years with chef JohnGeorges Vongerichten in New York City. “He’s one of the most famous chefs going right now; I think he’s operating in 17 countries,” he said. “His flagship restaurant, a threestar Michelin, is called Restaurant

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is anxious to see the concept grow in the Beehive State. Spoor said he was drawn to Auntie Anne’s by his four young children, who began patronizing a store in Las Vegas’ McCarran International Airport whenever the family traveled by air. “Like a good parent you have to taste what they’re eating and I thought, ‘oh my gosh, this is really good,’” Spoor said. “My last experience there was about $50 — I spent $50 buying pretzels for my family! What is this all about? So I did some research and it just so happened that I had some space at the Excalibur Hotel where our Krispy Kreme is, so we put a couple on the [Las Vegas] Strip. I told Auntie Anne’s I wanted to grow the concept and they wanted us to grow the concept, so when we were approached to develop Utah we jumped at it.” The world’s largest handrolled soft pretzel chain, Auntie Anne’s offers a number of different pretzel flavors — original, cinnamon sugar, almond, garlic, pepperoni, sour cream and onion, jalapeno, raisin and sesame. Pretzel sticks and nuggets are also on the menu, and all can be accompanied by dips such as cheese, hot salsa cheese, marinara, caramel, sweet, sweet mustard and cream cheese. Hot dogs wrapped in pretzel dough are also on the menu, as are a variety of Coca-Cola products, lemonades and frozen lemonade mixers, slushes and “Dutch treats” such as shakes, iced lattes and smoothies. “It has many of the same

John Georges in Columbus Circle in Manhattan. I worked there for a number of years, and his whole kind of take is he’s a classically trained French chef but he’s spent close to 10 years in Singapore and around Asia so it’s a very simple, very Asian influenced cuisine.” When Lowder lived in Barcelona, he also worked for well-known Thai food expert David Thompson. Ryan Lamon, who will be Plum Alley’s chef de cuisine, worked for a number of years at New York City’s Fatty Crab restaurant, which has a heavy Malaysian influence. Jimmy Santangelo will run Plum Alley’s beverage program, while Casey Buckley, formerly of Silver restaurant in Park City, will be director of operations. Plum Alley is named after a street of the same name that is located between State and Main on 200 South. One of the stops on an historic tour of Salt Lake City, the alley was a bustling business center in the late 1800s and early 1900s that featured a number of ethnic restaurants. qualities that Krispy Kreme has — a rabid following and we’re bringing a new product into an existing category where there are existing players,” Spoor said. “But we think once people taste the product they’re going to love it. It’s best of class, a fresh product, and there’s an entertainment value as you watch the pretzels being made.” To promote the new Sandy store, Spoor said staff is offering samples and some flyers will be produced and distributed. In addition, Dough Knot LC will be working with high schools and charitable organizations in the area to conduct fund-raisers using Auntie Anne’s pretzels. Spoor continues to own 13 Krispy Kreme locations, two of them in Utah — Orem and Layton. A Midvale store was closed when a bank wanted to purchase the site and its offer was too good to refuse, Spoor said. Future plans call for Krispy Kreme to revolve around a new “hub-and-spoke” business strategy wherein small satellite stores will be opened that will not produce doughnuts, but will deliver them fresh daily to customers such as grocery stores. Auntie Anne’s dates back to 1988, when Anne and Jonas Beiler purchased a farmer’s market stand. Today, the firm rolls more than 500,00 pretzels every two days. The firm, based in Lancaster, is on track to open 120 new stores this year. In November 2010 the company was acquired by FOCUS Brands Inc., the franchisor of more than 2,200 Carvel, Cinnabon, Schlotzsky’s, Moe’s Southwest Grille and Seattle’s Best Coffee locations.

Dec. 5-11, 2011

30-bed hospital to be built at medical campus in Draper

The Lone Peak medical campus already features an emergency center and onsite diagnostic services. Ground is expected to be diagnostic services were recently broken in the first half of 2012 expanded to better serve women, for MountainStar Lone Peak with the addition of digital mamHospital, a 30-bed hospital on the mography and bone density scanMountainStar Lone Peak medical ning. Further, the medical office campus in Draper. It will bring building is fully occupied by primuch needed inpatient services to mary care physicians and specialSouth Valley communities, espe- ists who deliver a wide range of cially in the areas of obstetric healthcare and wellness services care and surgery services. It will to people in several South Valley also expand existing outpatient communities. diagnostic services to better serve The hospital is expected to be complete in late 2013. local patients. This is the second component In addition to the Lone of the phased-in construction plan Peak Medical Campus, the developed by MountainStar for MountainStar Healthcare netthe Lone Peak Medical Campus. work includes St. Mark’s The initial phase featured the Hospital in Salt Lake City, Lone Peak Emergency Center, the Lakeview Hospital in Bountiful, first satellite ED in Utah, which Timpanogos Regional Hospital in opened its doors in May 2010. Orem, Mountain View Hospital in The medical campus also features Payson, Ogden Regional Medical onsite diagnostic services 24/7 for Center, Brigham City Community ED patients and outpatients, as Hospital, Eastern Idaho Regional well as a medical office building Medical Center in Idaho Falls, that houses a mix of primary care West Valley Medical Center in and specialty physicians. Caldwell, Idaho, and Alaska MountainStar is working Regional Hospital in Anchorage, with Earl Swensson Associates as well as a growing number of to design the new Draper hos- outpatient physician, surgical and pital, and Utah-based Layton imaging centers. Construction Co. will build the it. MountainStar is also partnering with a third-party developer to bring another medical office building to the campus. The decision to initiate the second construction phase is based on the success of the initial expansion of MountainStar patient services in this area. The satellite ED reported approximately 10,000 patient visits during its first year of operation. Outpatient THE ENTERPRISE [USPS 891-300] Published weekly by Enterprise Newspaper Group Inc. 825 N. 300 W., Suite C309, Salt Lake City, UT 84103 Telephone: (801) 533-0556 Fax: (801) 533-0684 Website: www.slenterprise.com. For advertising inquiries, e-mail david@slenterprise.com. To contact the newsroom, e-mail barbara@slenterprise.com. Subscriptions are $55 per year for online only, $65 per year for print only and $75 per year for both the print and online versions, or $1.25 per copy. Opinions expressed by columnists are not necessarily the opinion or policy of The Enterprise Copyright 2011 Enterprise Newspaper Group Inc. All rights reserved Periodicals postage paid at Salt Lake City, UT 84199. POSTMASTER: Send address corrections to P.O. Box 11778, Downtown Station Salt Lake City, UT 84147

The Enterprise

The Buckner Co. celebrating 75th anniversary The Buckner Co., a Salt Lake City-based insurance firm, is celebrating its 75th anniversary. In the midst of the Great Depression, when many businesses were failing and commodities were scarce nationwide, E.R. Buckner started his own business selling insurance. Computers and fax machines were futuristic in 1936 and Buckner carried his first policy in his briefcase. His business, then based in Ogden, gained a solid reputation for its integrity and commitment to excellence.

Terry Buckner, E.R.’s grandfather, is now the firm’s president and CEO. The company now employs 115 people in three offices and two states. The Buckner Co. has been pleased to see recent growth in Southeast Idaho. The management team is currently negotiating deals in other markets in neighboring states and plans to continue opening satellite offices and seeking acquisition opportunities. In addition to selling insurance for the construction, agri-

Salt Lake City auction company Erkelens & Olson will auction off 240 pallets of merchandise that has been returned to Overstock. com on Dec. 15 at 10 a.m. “Ninety percent of this stuff is new,” said Erkelens & Olson president Rob Olson. “Here it is, brand-new merchandise from one of the leading online retailers in the nation.” Olson said each pallet contains a manifest allowing interested parties to see what is inside. Products include furniture, bedding, lamps, tables, chairs, shoes, accessories, electronics and tools. The auction will be held at 1862 S. 4800 W., Salt Lake City. There will be a preview from 10 a.m. to 4 p.m. Dec. 14. “We’re going to target distributors and liquidators and clearance/bulk purchasers,” Olson said. “I think there’s a lot of renewed interest in this kind of stuff because of the storage wars.”

culture and commercial business markets, The Buckner Co. offers specialty niche market services, including personal homeowner and auto insurance, employee benefits, trucking and transportation insurance and surety bonding.

BRADLEY from page 1

also a lot smaller. For those of us that are positioned properly, the relative size of the market for us has never been bigger.” Roughly two months ago, W.J. Bradley opened a direct-tothe-consumer origination office in about 10,000 square feet in South Jordan. Currently staffed by about 30 people, its employee head count should soon grow to about 75 people serving largely out-of-state borrowers, according to Kime. The firm also operates a small smattering of Utah retail origination offices “that we call belly-to-belly, working with Realtors and builders, kind of face-to-face sales in the local community,” Kime said. “But most of what we do here in Utah is our back office work, all the underwriting, closing, funding, post-closing, all that mechanical kind of stuff.” W. J. Bradley is on track to produce some $3.5 billion in loans in 2012, making it one of the nation’s top lenders, Kime said. The company leased its new location with the assistance of Scott Wilmarth, Tab Cornelison and Nadia Letey of CBRE.

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ACCOUNTING • Salt Lake City CPA firm

Mantyla McReynolds was recently named as one of the 2011 Best Accounting Firms to Work For. The annual list of “Best Accounting Firms” was created by Accounting Today and Best Companies Group. Mantyla McReynolds ranked No. 4. • A biennial survey of nearly 8,000 tax preparers conducted by the National Society of Accountants showed the average tax preparation fee for an itemized Form 1040 with Schedule A and a state tax return is $233. The average cost to prepare a Form 1040 and state return without itemized deductions is $128. Both average fees are nearly the same as they were two years ago ($229 and $129 respectively.)

BANKING • Children endangered by

abuse recently received a boost from HeritageWest Credit Union thanks to a $2,000 donation presented to The Tooele County Children’s Justice Center, an organization that provides services and facilities to support young children and their families. The money was presented during the Center’s annual Black Tie & Blue Jeans event, and was raised through a number of fund-raising initiatives by the HeritageWest staff. • Bank of Utah is holding a warm clothing drive in conjunction with the bank’s annual sponsorship of Jon Schmidt Christmas concerts in Ogden and Salt Lake City. The New Age piano composer will perform at Peery’s Egyptian Theater in Ogden on Dec. 6, and in Salt Lake City at Kingsbury Hall Dec. 16 and 17. Those nights the bank will accept donations of new or in-good-condition coats, hats, scarves, gloves and blankets and new children’s underwear. All will be donated to St. Anne’s Center in Ogden and Crossroads Urban Center in Salt Lake City. • For the eighth consecutive year, Goldenwest Credit Union, Ogden, has declared a bonus dividend for its membership. The credit union will pay a 4.2 percent annual percentage yield on shares for the month of December. Goldenwest will return more than $575,000 to its members in 2011 with a bonus dividend. The Goldenwest bonus dividend program has paid $4.5 million to members since 2004. The bonus dividend is awarded on primary share accounts, secondary share accounts, Christmas Club share accounts and IRA share accounts. • Mountain America Credit Union was recently named a

The Enterprise

Dec. 5-11, 2011

• Industry Briefs • winner of the first Workplace Leaders in Financial Education Award. The honor was given by The Society for Human Resource Management (SHRM) and the American Institute of Certified Public Accountants to employers who provide financial education programs for their employees to help improve their personal and financial well being. Employers were judged on innovation, effective tactics, evidence of results and whether a program showed a significant scope in increasing employee financial wellness. Nine winning organizations were selected from more than 300 applicants. • University Credit Union’s annual Warm the Soles program has kicked off. This year, University Credit Union members have donated more than $21,000, which will give 600 children a new pair of shoes this month. Shoes will be distributed at three separates shoe parties.

COMPUTERS/ SOFTWARE

• Simply Mac, a Utahbased Apple computer specialist, has kicked off its second annual Simply Mac Meals for Macs food drive to benefit the Utah Food Bank on Friday, Nov. 18. Simply Mac will collect donations of canned food products through Friday, Dec. 18 at five retail locations in Layton, downtown Salt Lake City, Foothill, Fort Union and Orem. • Israeli company MyHeritage, which operates a large family-based social network, has acquired Provobased FamilyLink, the developer behind family history content sites FamilyLink.com and WorldVitalRecords.com. MyHeritage.com boasts an international registered member base of 60 million users, offers its services in 38 languages and is home to more than 900 million profiles and 21 million family trees. Founded in 2006, both FamilyLink.com and WorldVitalRecords.com are subscription services that provide access to a large database of historical content, covering several billion individuals within census, birth, marriage and death records, as well as the web’s largest archive of historical newspapers. With offices and staff in Europe, Australia and Israel, MyHeritage will now be adding its first U.Sbased office in Utah. • Inventory software company Fishbowl is encouraging local businesses to donate gently used computers to the CAM Center at the Fishbowl corporate office in the Canyon Park Technology

Center in Orem. The computers are used to help teach undeserved individuals, entrepreneurs, single mothers and the Navajo Nation to learn business and employability skills. The CAM Center is a business incubator created to support businesses and to help grow the economy one business at a time. It is the product of multiple organizations combining resources to provide business training.

The CAM Center offers courses in QuickBooks certification, basic computing courses, Internet certification courses, Microsoft and Adobe programs and various funding sources. • Salt Lake City-based Internet services provider XMission recently upgraded storage and pricing for its Unified Email & Collaboration service, powered by VMware Zimbra. All premium

accounts now have 30GB of storage, standard accounts have 12GB, and base accounts have 3GB. This upgrade reportedly puts XMission 5GB ahead of most hosted e-mail providers in the market.

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of Public Management awarded Francine Giani, executive director of the Utah Department of Commerce, with its 2011 N. Dale Wright Distinguished Alumni Award. The award is one of the highest accolades given by the Institute. The recipient is chosen by the Romney Institute faculty annually to recognize a graduate who has demonstrated service and leadership in the work environment and community; maintained and exhibited high standards of excellence; and gained the respect and loyalty of colleagues, peers and family. Giani was appointed executive director of the Utah Department of Commerce in July 2005 by Gov. Jon M. Huntsman Jr. As executive director, Giani is responsible for policy making and management over six division directors. Her department is responsible for the regulation of hundreds of industries and the issuance of more than 300,000 licenses. More recently, Giani was appointed by Gov. Herbert as the Department of Alcoholic Beverage Agency’s temporary head following the discovery of mismanagement and corruption within the department. • The Salt Lake City Public Services Department recently appointed Ann Ober as Administrative Services Division director. Ober takes over her new position after serving Salt Lake County for the last seven years in Mayor Peter Corroon’s administration. In her new position, Ober works with Salt Lake City’s Youth and Family Services, policy development, the Gallivan Center,

and on citywide events and activities. She will also be contributing to ongoing City efforts in community gardens, solar energy and emergency services.

HEALTH CARE

• Small businesses now have additional help to find the right coverage for their employees with an expanded federal website, HealthCare.gov. The tool from Health and Human Services will allow small-business owners to compare the benefits and costs of health plans and choose those that are best for their employees. For the first time, small businesses will be allowed to research locally available products in an unbiased manner. New information provided by HealthCare.gov will give small business owners access to insurance products by zip code and sorted by out-of-pocket limits, average cost per enrollee, and other factors; a summary of cost and coverage for small group products shows deductibles that are available, the range of copay options, benefits included and excluded, as well as those that are optional at an additional cost; and the ability to filter products based on whether the plan is eligible as a Health Savings Account includes prescription drug, mental health or maternity coverage or allows for domestic partner or same sex coverage. On average, small businesses spend 18 percent more than large firms for the same health insurance policy. More than 530 insurers have provided information for this site for more than 2,700 coverage plans now in use throughout the U.S.

• Salt Lake Regional Medical Center and the orthopedic surgeons on the medical staff at the Center for Precision Joint Replacement teamed with Operation Walk USA 2011 to provide hip and knee replacements to nine Utah patients in need on Dec. 2. The nine patients were preselected by the Operation Walk team based on need, and the surgeries were provided to them at no cost.

HOSPITALITY • The Utah Hotel & Lodging

Association’s 2011 Top Chef is chef Peter Hodgson from the University Park Marriott in Salt Lake City. Also at the organization’s recent convention, Michael Storm, from Swank Audio Visual received the Allied Member of the Year award. Johanna Jones, from The Residences at The Chateaux received the Concierge/ Bellman of the Year award. Billy Cruz, from The Residences at The Chateaux received the Food and Beverage Employee of the Year award. Scott Lunt, from Davis Conference Center/Hilton Garden Inn received the General Manager of the Year award. Juan Payan, from Stein Eriksen Lodge received the Housekeeper of the Year. Mark Campbell, from Stein Eriksen Lodge received the Lodging Employee of the Year. Simon Prado, from Stein Eriksen Lodge received the Maintenance/ Engineering Employee of the Year award. Connie Harmston, from Davis Conference Center/ Hilton Garden Inn received the Outstanding Manager of the Year. • All Seasons Resort

Dec. 5-11, 2011 Lodging, a Park City firm that represents 800-plus rental properties in Utah, California and New Mexico, has acquired a new property in Aspen, Colo. With the acquisition of the Mountain House Lodge, All Seasons Resort Lodging has expanded its ability to provide guests with yearround lodging in one of the country’s most popular ski towns. The Mountain House Lodge is a 27-unit property centrally located in downtown Aspen. • Waldorf Astoria Park City, the first ski property from the iconic hotel brand, will launch a new collection of amenities this month for the winter season. Located in picturesque Park City, at the base of Canyons Resort, the hotel will unveil several new offerings, including Slopes by Talisker, a new restaurant concept; Crave Café, located off the main lobby; Scoop, a poolside après ski option; and Palette, the an elegant lobby boutique.

LAW

• Wrona Law Firm, headquartered in Park City with additional offices in Heber City and Draper, engaged Park City-based Redhead Marketing & PR to develop a new brand and website for the practice. The website is now live at www.wronalawfirm. com. In addition to working with Redhead Marketing & PR, Wrona Law Firm made it a priority to exclusively hire local Park City talent to work on the website. The

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practice engaged Rebekah Stevens Photography for office interior and exterior photos and Peak Art & Frame for attorney and staff photos.

MANUFACTURING • Flexpoint Sensor Systems

Inc., Draper, has completed development and has reached agreement with HTK Engineering LLC for Flexpoint to produce a sensor to be used in a safety product for large trucks. The initial application is for refuse collection vehicles (garbage trucks), but the system is adaptable to all large trucks There are more than twice as many garbage trucks in the United States as urban transit buses, with about 179,000 trucks — 136,000 refuse collection trucks, 12,000 transfer vehicles and 31,000 recycling vehicles. One of the major causes of accidents involving refuse collection vehicles is the vehicles’ inadvertently rolling into buildings or vehicles when the driver leaves the vehicle without first applying the parking brake. HTK Engineering has developed a system utilizing Flexpoint’s patented Bend Sensor technology which will lock the brakes when the operator leaves the seat.

MEDIA/MARKETING • Ferrari Color, a Salt

Lake City visual communication solutions firm, is celebrating the 10-year anniversary of the corporate merger between Salt Lake City-based Creative Color and Sacramento-based Ferrari Color. Ten years ago, Creative Color, who had been under the leadership of Melvin Green since 1987, and Ferrari Color, owned and operated by Maggie Ferrari since 1990, began talks of the merger. The two organizations were both strong players in the large-format photo industry. They joined forces to bring the capabilities that Creative Color had to offer, with the market opportunities found in the Northern California. Shortly after the merger, the company decided to keep the Ferrari Color name because of its strength and recognition in the marketplace. Since the merger, Ferrari Color’s sales have more than tripled and its client base has expanded to include large retail brands such as Pottery Barn and Whole Foods. Ferrari Color also has worked with venues and events such as Candlestick Park/San Francisco 49ers and the 2011 Orange Bowl. • Freestyle Marketing Group has added Park City-based ski boot maker Surefoot to its client roster. The agency will work closely with the client to develop its advertising campaign and design in-store promotions for its 24 stores located throughout continued on next page

What you say Recently MHTN bid farewell and happy retirement to Mick Gaviglio. Mick was an esteemed member of our principals group at MHTN and served a significant clientele in higher education. MHTN planned for and implemented a principal transition with these clients. The story about the importance of making such transitions and how it was accomplished successfully is the topic for a future article. The focus of today’s discussion is that Mick was admired by his clients for the service he provided. And while it is a great thing to be admired by clients, it is Kyle probably more important to understand why he was admired. Mick was an outstanding communicator. He sought to understand what his clients were saying, what they wanted and what they needed. Of course this allowed him to provide for those needs and wants in the most appropriate manner. He made sure his clients knew what was happening with their projects. He reached out weekly with written updates of work accomplished, goals for the upcoming week and requests for decisions and needed information. He understood his clients’ business — the business of higher education and what is important to those universities, their operations and their strategic goals. By knowing their business he was able to make certain MHTN’s designs met his clients’ strategic goals. He was able to work cooperatively and in collaboration with the contractors who constructed the new facilities for his clients. Problems were resolved quickly and favorably for both the contractors and the clients. He made it a pleasure for the client to build a new facility. Oft times a new design and construction project on campus can be a headache for the owner. But Mick was able to remain on top of all project issues and make the proj-

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ect enjoyable and exciting for his clients. By now you probably think Mick was a Greek deity with superpowers, sent down to teach mere mortals how to be a classy and successful architect. But even with all his skills and abilities as noted, Mick was revered by his clients for one simple reason. He always did what he said he would do. Mick taught his fellow principals at MHTN the importance of this principle and helped each member of our leadership team learn how to apply it. The implications in business are obvious, but Taft have you ever stopped to think what our society would be like if we all did what we said we would do? In the beginning of the 1990s a group of world analysts considered the differences between Third World nations and First World nations. Many factors were considered, including geography, climate, natural resources, socioeconomic strata, population, etc. Their conclusion was that the most significant factor differentiating Third World from First World countries was the ability to make and keep commitments — the ability to do what you say you will do. Alan Simpson, revered former Republican Senator from Wyoming, spoke of his longtime colleague and friend Ted Kennedy. Simpson said “… he was the master legislator. It’s all been said. He was special to work with. We would shake hands on an issue, and he never violated a trust or promise with me. That’s the coin of the realm in the Senate. He was awesome.” Ted Kennedy did what he said he would do. In considering the recent failure of the Joint Select Committee on Deficit Reduction to propose a deficit reduction plan, one can speculate on what might have happened if the committee had done what it said it would do. Application of this principle to all facets of life brings some interesting considerations.

                                            

                          

                    

The Enterprise

Dec. 5-11, 2011

 



One important consideration would be to think carefully before speaking. Is making a commitment simply to win favor with your audience a true commitment? Would it be best to consider the implications of what you are going to say so that you know you can fulfill your promise? It seems these days too many seek approval by saying what they think others want to hear without thinking how they will keep their word. Other considerations might include: How would keeping commitments to spouses affect divorce rates? Would keeping commitments to children create a stronger next generation? As citizens, would our commitment to keeping the laws of the land reduce crime rates and make a safer world? Would our commitment to uphold justice and freedom for people of all nations improve our standing in the world and help us regain our stature as a true world leader? Would it help us think twice as a nation before using force to compel others to fulfill our wishes? MHTN knows doing what we say we will do is valuable in business relationships. Mick proved that to our firm. If we do it in business, will we apply it to all aspects of life? And if we do, who will be most pleased and appreciative? Perhaps we will be our own most appreciative admirer. Kyle Taft, AIA, LEED AP is a principal and vice president at MHTN Architects in Salt Lake City. He can be reached at (801) 326.3204 or kyle.taft@mhtn.com.

North America and Europe.

REAL ESTATE • Average Salt Lake County

apartment rental rates are up about 5 percent year-over-year from the third quarter of 2010. Strong annualized rent growth of nearly 7 percent was recorded from the second to the third quarter of this year based on a survey of rents for 99 properties conducted by Hendricks & Partners. Vacancy continues to taper off and is at about 4.4 percent. Anything below 5 percent vacancy is considered a tight rental market. Concessions are largely nonexistent across the county except in new product in the lease-up stage. Hendricks & Partners is forecasting that approximately 2,000 new apartment units will be brought online during the next 12 months.

RESTAURANTS

• Saffron Valley restaurant in South Jordan is offering allyou-can-eat dosas for $9.99 per person for a limited time. Dosas are made by ladling a thin layer of batter onto a hot griddle greased with oil or clarified butter. The batter is cooked on both sides until crisp and are then dipped into a soup called sambar, which has 25 ingredients, along with fresh chutneys. Dosas can be stuffed with fillings of vegetables and sauces.

RETAIL • Maverik Inc., together

with teamgive.org gave away a Lamborghini Murcielago Roadster LP640, valued near

$348,000, along with driving lessons from Miller Motorsports Park, at a Nov. 12 contest at the BYU vs. Idaho Vandals game hosted at LaVell Edwards Stadium in Provo. The winner was David Dopp of Santaquin. Another nine finalists, selected from Maverik’s Adventure Club Card program and teamgive, also won race-inspired packages from Miller Motorsports valued up to $4,000. • Children’s furniture created by Park City-based LightHeaded Beds is now being carried by RC Willey stores in Utah, Idaho and Nevada. The firm has manufactured six introductory models of twin and full-sized beds with illuminated graphic panels on their headboards that can be personalized as the child grows up. The beds also have a remotecontrolled dimmer and timer for the lighting. • Overstock.com Inc. employees donated 3,457 pounds of food and $16,045.13 to the Utah Food Bank on Nov. 21, marking the fourth consecutive year that employees have made a donation to the nonprofit organization. This year, Overstock. com employees raised money through a “Fear Factor” event, a silent auction, car wash, breakfast day, grilled cheese sandwiches and tomato soup day, bake sale and a general store. • Utah-based CityDeals has released a mobile iPhone application providing customers the ability to locate and purchase deals and services based upon their immediate location. The CityDeals app is able to identify

support

what you

continued on page 11

The Enterprise

Dec. 5-11, 2011

The Problem: Your business is growing fasTer Than The sPeed of T1s.

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71213_NPA71774-0042 Problem ad_10.25x13.5.indd 1

11/29/11 4:34 PM

Dec. 5-11, 2011

The Enterprise

You're fired because of Facebook: tips for employers on navigating the fast-growing social media frontier Not long ago, an employee’s which an employee’s social media complaints about his employer conduct was found to constitute were traded with a few co-workers protected concerted activity: • While preparing for an antichuddled around the water cooler on Monday morning. But now ipated meeting with management, those complaints are going viral: an employee asked co-workers on shared over the Internet at break- her Facebook page to comment on neck speed with hundreds of an another employee’s ongoing complaints about job perforemployee’s friends and mance and staffing issues followers on Facebook at the employer; and Twitter. As the use of social • After her request for media only expands, union representation employers must grapple went unanswered, an with a host of new issues. employee complained on Understandably, employher Facebook page about ers are concerned about her supervisor’s refusal protecting their compato allow a union reprenies’ goodwill and repu- Kristin Aldred sentative to assist her in tation. Plus, they expect responding to a customer some loyalty and selfservice complaint about restraint from their employees, the employee; • A luxury car salesman comwhom they treat well and provide a steady paycheck. Whereas once an plained on his Facebook page employee could privately reflect about a sales event hosted by his on his concerns and hopefully see employer to introduce a new car those concerns subside or devise a model. He voiced the disappointconstructive resolution, now that ment of several salespeople that employee can press “post” in a fit their employer had served inexof frustration and immortalize his pensive food and beverages at possibly passing complaints on the event, and he posted several the Internet for a wide audience to tongue-in-cheek photographs of his co-workers at the event, includsee. So what can a company ing a photograph of a co-worker do to ensure that its employees near the “overcooked hotdogs and respect the company brand and stale buns”; think before they hit “post”? Is it • In a conversation seen by an advisable to discipline employees employer’s customers, employees for their offensive social media of a sports bar and restaurant participated in a Facebook conversaconduct? Until now, these questions tion about their employer’s failure remained largely unanswered in to withhold state income taxes, the world of law. But now the and one employee referred to an National Labor Relations Board owner of the restaurant as “[s]uch has provided some guidance. In an an [a--]hole.” In each of these cases, Aug. 18 memorandum, the board’s general counsel summarizes the employees posted on Facebook on outcome of 14 investigations into their own time and using their own social media cases. The cases computer equipment, although this offer substantial insight into how factor was not considered determithe board analyzes social media native in any of the cases. Were the Employees cases. An important note to rememMentioning Their Working ber: the National Labor Relations Conditions? When viewed together as a Act (NLRA) covers most employees in the private sector — not just group, the cases have common employees who are represented by threads that provide insight into a union. As such, most private- how the board approaches social sector employees have a right to media cases. Importantly, the engage in “protected concerted subject matter of the Facebook activity,” which is when two or posts related to one of the folmore employees take action for lowing: the terms and conditions their mutual aid or protection of employment, the exercise of regarding terms and conditions rights conferred by the NLRA, or of employment. A single employ- other matters traditionally conee can also engage in protected sidered “protected activity” under concerted activity if he acts on the board’s precedent. The topthe authority of other employees, ics included: (1) preparing for brings group complaints to the an expected meeting with manemployer’s attention, seeks to pre- agement concerning employees’ pare for group action or tries to job performance and workload; (2) the right to union represeninduce group action. tation in a unionized workplace When to Discipline an during an employer’s investigaEmployee for a Social Media tion of an employee; (3) conduct Post The general counsel’s memo- by an employer that could have randum summarizes four cases in impacted — even slightly — an

employee’s compensation or sales commissions (the car salesmen were “concerned about the impact the employer’s choice of refreshments would have on sales and therefore, their commissions”); and (4) the employer’s administration of income tax withholdings, which caused employees to pay increased state taxes. Each of these subjects concerned the terms and conditions of employment or touched upon other matters and rights commonly found to be protected. By contrast, the general counsel found certain social media posts to involve topics that were not protected. Therefore, the employees’ discipline (usually termination) was justified. In one case, a newspaper reporter used social media to criticize various local matters that were not related to his working conditions, such as criticisms of an area television station. In another case, a recovery specialist had a conversation

with friends on her Facebook page, where she wrote that it was “spooky” working alone overnight at the mental institution, and that one of her clients was “cracking her up” because the employee “did not know whether the client was laughing at her, with her, or at the client’s own voices.” The general counsel wrote that the recovery specialist’s Facebook posts did not discuss her working conditions; rather, she was “merely communicating with her personal friends about what was happening on her shift.” Therefore, these social media conversations were not protected, and the employees’ discipline was justified. Interestingly, the recovery specialist was the only employee in the 14 cases summarized by the general counsel who wrote on Facebook while she was at work. However, this factor was not determinative in finding her termination justified — rather, the key fact was that her posts did not mention her working

conditions. Were the Employees Collaborating or Engaging in “Concerted Activity”? Equally significant, in each of the four cases where protected activity occurred, the employees were collaborating, or engaging in “concerted activity” for their “mutual aid and protection.” In the first case, an employee was seeking assistance from co-workers while preparing for a meeting with management. In the second case, an employee was protesting supervisory actions with co-workers who were her Facebook friends. In the third case, an employee was vocalizing the sentiments of his co-workers about his employer’s sales event. And, in the final case, employees were sharing concerns about their employer’s failure to withhold state income taxes. None of these cases could be said to concern merely individual gripes, see FACEBOOK page 12

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The new cold-call — it's not a cookie cutter

The Enterprise

“Jeffrey, come down to the office, there have to ask yourself these questions about is a guy here who has cookies for you! each call you are about to make: • What is your desired outcome of the They’re those Biscoff cookies, the ones that you like.” call? Is it a sale? Is it an appointment? How could I resist? I love those cook- • Who is the actual decision-maker? ies. I’ve eaten them for years, predominately • Who do I really ask for in order to on airplanes, more predominately on Delta. get to the decision-maker? (For years I have They also have them in the Delta lounge, recommended asking for someone in sales.) and occasionally you can find them in the • What is the one question or statement grocery store. that may get me to the decision-maker? For 10 years, my good friend, the great • What is the one question that I want to Nido Qubein, sent me a case of Biscoff ask the decision maker to engage them? • Do I have anything of value to cookies for Christmas. They were usually gone by the first of January. offer besides my stuff? When I got to my office, • Do I have anything to show or say Bradford Coons was beaming from that’s fun? ear to ear. His ploy had worked. But • How will I engage the prospect? • What’s my total plan to make the in reality, he was not just giving me the cookies, he was representing the sale? Jeffrey Once you’ve struggled with the cookie company, Lotus Bakeries. Gitomer answers to those questions, keep He demonstrated his special these four major elements of the “100 cookie caddie box” door-opener and went on to enthusiastically explain cold call process in mind: that this new product package was being 1. In sales it’s not who you know, it’s designed for corporate America, and sales- who knows you. So the challenge of coldpeople in particular. It could even be custom- calling is to become known as a person of ized with the company logo or photograph. value, so that the prospect may recognize At a very reasonable wholesale price, I you and take your call or agree to your meetquickly became interested in using the prod- ing. People will take your call if you have a uct myself. I thought it would make a great great reputation and if they perceive there is gift (people always give what they want to value in working with you. 2. Why would I want to meet with get — keep that in mind while you are shop- you? What are you offering me OTHER than ping this holiday season). I decided to try the cookies at our next your product or service that would create a public seminar event. As an enticement, desire to meet with you? Set the meeting up Stephanie and Elizabeth strategically placed with something of value or impact. one Biscoff on the table at each seminar par- 3. Could you pass the Google test? ticipant seat. Using the potato chip philoso- Could you leave a voicemail telling the prosphy, you can never eat just one, they figured pect to Google you and based on their findall the boxes of cookies would be gone by ings, they would want to set an appointment the end of our two-day event. And except for with you? That’s the real test of a cold-call. one box, they were correct. Not having any message and going purely on But let’s go back to the original cold- reputation. call. 4. Can you create a cold-call-close Bradford Coons did not make a cold- that will get the meeting or the appointcall, he made a strategic, targeted cold-call; ment? “Mr. Jones, our product/service is a in fact that day, I was his only cold call. value fit for many people, if you grant me a He was well-prepared, got through to the short meeting, and answer a few questions, if decision-maker, created engagement, made I think I can help you I will tell you. If I don’t the sale and left smiling. think I can help you, I’ll tell you that too. Is How targeted are your cold-calls? that fair enough?” How strategic are your cold-calls? NOTE WELL: If your product isn’t as How pre-prepared are your cold-calls? salable as cookies, maybe you should carry a box with you to sweeten the deal. How engaging are your cold-calls? And here’s the killer question: How Cold-calling isn’t easy, and it’s NOT successful are your cold-calls? cookie cutter, but when you are well-pre HISTORY: If you know me and my pared, the results of your efforts can have sales philosophy, you also know that cold- life-long rewards. They may not be a good calling is at the very bottom of my list, with place to make a sale, but they’re a great place respect to making sales connections and to learn how to sell. sales. Especially in these times, there are smarter, better ways of making a cold-call. Jeffrey Gitomer is the author of The Sales And my definition of cold-call is not “dial- Bible, Customer Satisfaction is Worthless ing for dollars” or “calling from a list” or Customer Loyalty is Priceless, The Little selecting a category and making random Red Book of Selling, The Little Red Book calls either on the phone or in person. Those of Sales Answers, The Little Black Book of Connections, The Little Gold Book of YES! strategies are a total waste of time, and “no” Attitude, The Little Green Book of Getting is 98 percent of the outcome — or more. Your Way, The Little Platinum Book of Cha There are three basic understandings of Ching, The Little Teal Book of Trust, The Little a cold-call: Book of Leadership, and Social BOOM! His 1. It is the lowest percentage sales call. website, www.gitomer.com, will lead you to 2. Rejection is likely. more information about training and semi 3. Several rejections in a row can cause nars, or email him personally at salesman@ gitomer.com. self-doubt and can challenge your attitude. © 2011 All Rights Reserved Before you make any cold-call, you

Dec. 5-11, 2011

Technology gift-giving guide Have a technology lover that you need to buy for this holiday season? This gift guide is designed for you non-nerds to be able to find gifts and ideas for the geek in your life. And just so you know, any and all of these ideas are also suitable for your favorite computer technicians (hint, hint). OK, first up. You can never go wrong with “Star Wars”-themed gifts. Even if your favorite geek doesn’t seem to be into the “Star Wars” universe, most geeks secretly harbor the desire to dress up as their favorite character and break out their collection of toys while the movies play in the background. That being said, the entire “Star Wars” collection is now available on Blu-Ray. Although George Lucas has had his creative way with the beloved series, the mind-blowing graphics presented on Blu-Ray HD should John make even the naysayers prize this gift. Staying with the “Star Wars” theme, I have found the ultimate geek paradise in a website, ThinkGeek. com. They have a wide variety of unique geek gifts, and lots of “Star Wars” themed ideas. For the littlest nerds in your life, check out the “Star Wars” plushies. OK, maybe “Star Wars” is not what you are thinking for the geeks in your life. There are plenty of cool gadgets that will make their eyes sparkle. Tablet computers are the newest, neatest gadgets out there, and any geek (or even non-geek) would just love to surf, take pictures and video, all without waiting forever for the tablet to boot up. The Apple iPad2 is an obvious choice, but I have heard good things about the Samsung Galaxy Tablet or the Asus Eee Pad (that one has a detachable keyboard). Amazon also has the Kindle Fire, which is priced much lower than the other guys and may prove to be the one to beat. Running on the Android operating system, the Kindle Fire combines the great e-book reader with the functions that make tablets desirable. For the gamers in your life, there are two must-haves this season — “Call of Duty: Modern Warfare 3” and “Battlefield 3.” The games are from rival software companies, but both titles have pleased their audiences with past releases. Another big release is “The Elder Scrolls V: Skyrim.” This RPG (role playing game) is a fantasy game with a huge following and storied past. Unlike other games, “Skyrim” allows players to explore the fantasy world on their own, choosing their own modes of transportation and destinations. Another cool release is “Batman Arkham City” from Rocksteady games. Even non-Batman fans would likely get addicted to this game. Audio nuts would kiss the ground you walk on for a pair of Audio-Technica ATH-AD900 headphones. Comfortable to wear, and with astounding sound quality for the price, these headphones are a great pick. Lightweight to wear with an adjustable headband, get high purity sound for an enjoyable listening experience. Not all headphones are created equal, and these would make a great gift. For the budding photographer in

your life, the Nikon D5100 digital SLR camera can match or exceed their big brothers in image quality. The camera is lightweight and easy to use, yet offers advanced features for serious photogs. Offering dynamic still photography and HD video, this versatile camera offers superior performance for a great price. It includes a three-inch LCD viewing screen and SD (secure digital) storage for easy transfer of your pictures to a computer. For the non-Apple nerds in your life, the Lenovo IdeaPad U300 is the thinnest Windows-based laptop ever made. With a long lasting battery life (eight hours) that can be quickly charged and plenty of memory and hard drive space, this super light notebook is perfect for those on the go. Lenovo, formerly IBM branded laptops, has long been a maker of sturdy and dependable notebooks. Stewart Available in a wide variety of colors, this notebook offers both style and high function. The Apple iPhone 4S is the latest smartphone offering by Apple that combines the unique styling of the iPod with all the features we have come to expect from smartphones. Perhaps one of the coolest features is the interactive Siri program. Voice activation has gone to the next level. The phone also sports a dual core processor and an eight megapixel camera, and through the iTunes store, has thousands of apps and programs available. For the geeks who love all things TV, the Roku Streaming HD Player is a great way to access content from Netflix, Hulu, Pandora and more with just an Internet connection. The price is right, and so is the ease of using this device for full HD content. If these ideas haven’t caught your fancy, then check out some of the cool items at www.thinkgeek.com, www.amazon.com, and www.x-tremegeek.com. I also like www.cnet.com for technology reviews and articles about all things tech. Have a Merry Christmas! John Stewart is the operations manager for inQuo, a computer support and repair company based in Salt Lake City. With more than 20 years of combined experience, the inQuo staff can fix a wide variety of computer issues for small businesses and home users. For more advice and information visit www.inquo.wordpress. com, call (801) 349-2762, or send e-mail to info@inquo.com.

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Dec. 5-11, 2011

Outlook 2012

The Enterprise

The U.S. Economy To be heard frequently during the Presidential What we now call the Great Recession offi- campaign now well under way: no sitting President cially began in December 2007 and ended in June in the past 75 years has been rewarded with a 2009. It was the longest, the deepest and the most second term when the unemployment rate was painful recession since the Great Depression. above 7.2 percent. Whether the President can shift By my count, that suggests that the current the blame for high unemployment to intransigent U.S. economic expansion is now reaching the Republicans in the Congress will have a telling two-and-a-half year mark. The current expansion impact on election results. has been less than satisfying both statistically and U.S. Inflation emotionally, with major headwinds still in play Consumer prices are expected to rise roughly involving weak residential and commercial real 3.5 percent during 2011, with a slightly lesser rise estate markets, uncomfortably high unemployment, the consensus view for 2012. Weak global econommajor European financial risk and elevated levels ic growth could lead oil prices lower, a key element of anxiety about the direction of the federal govern- in that forecast. Over a longer time horizon, the debate continues between those expecting higher ment. The current U.S. economic expanU.S. inflation and those seeing a Japansion has been especially lackluster when style deflation in the U.S. considering the massive and unprecedentThe Federal Reserve The Fed’s most critical interest rate — ed levels of both fiscal and monetary the federal funds rate — has been at an stimulus. While modest economic growth all-time low target level of 0-0.25 percent has returned, a “recession of confidence” since December 2008. Moreover, the Fed’s remains center stage. Economic growth in the new year Open Market Committee has stated they about to unfold is likely to remain subexpect this rate to remain unchanged until standard, with most forecasts congregating at least mid-2013. Jeff Thredgold around a 1.5-2.5 percent real (inflation In addition, the Fed has tripled the size adjusted) rate of growth. More bearish of its balance sheet by buying massive forecasters see particularly anemic growth in 2012’s amounts of U.S. Treasury securities and mortgagebacked securities. The intent? To drive long-term first half. The size and scope of a possible European interest rates lower. While such actions have been financial implosion could lead the U.S. and much of largely successful, weak home prices across the the world back into recession, although that is not nation, high unemployment and a more paperthe consensus view. Nevertheless, investors around intensive lending industry — negatively impacted the globe have taken a “shoot first, ask questions by the Dodd-Frank financial legislation — has not later” approach to European sovereign (national) led to a strong surge in mortgage refinance activdebt markets and the contagion that has now spread ity. to more and more members of the euro commuHousing and Mortgage Rates Most forecasting economists see national nity. home prices stabilizing by mid-year 2012, with Government Political theater of the absurd has been com- very modest price appreciation to follow. At the monplace in the nation’s capital, with extreme same time, conventional 30-year fixed-rate mortpartisan politics today’s reality. The government’s gages have been at a 60-year low near 4 percent in ability to live within its means remains highly recent weeks. One could make a case to delay a home elusive, even as European developments should be sending strong signals to Washington, D.C. about purchase for six to 12 months, but mortgage rates damaging annual budget deficits and a more than could rise enough to offset any slightly lower home price. Now may be an outstanding time to purchase $15,000,000,000,000 gross national debt. Various economic studies have suggested that a new or foreclosed property and to refinance a any nation’s ability to prosper and grow at a satis- mortgage. factory pace is endangered when its gross national Global Keys Chinese and Indian economic growth are debt reaches 90 percent of that nation’s annual economic output. We are now at 100 percent — and likely to slow somewhat, while Japan struggles with very substandard performance. High oil prices rising quickly. Trillion dollar plus budget deficits of the past have boosted oil-producing nations at the expense three fiscal years will continue for as far as the of user nations. The Canadian economy has slowed, eye can see. The biggest threat to this nation is the while Mexico and Brazil are doing well. financial cancer of irresponsible government defi- However, these days it’s all about a fragile cits. As noted frequently, the need to slow the future European economy. Greece, Ireland and Portugal growth pace of entitlement programs is mandatory. have already been bailed out, while major anxiety 2012 Elections about Spain and Italy exists. Even the French have Already tired of the political battles under seen borrowing costs rise as questions about that way? Just think, only 342 days until Election economy have surfaced. A possible French downDay! The failure of the “super committee” was grade from their current “triple A” status could send the latest in government missteps. An emotional additional shock waves across Europe. national debate about the size and growth pace of The Germans and the International Monetary the federal government and who pays for it will be Fund will face rising pressure to stem European one key element of political discussion during most debt contagion, even as impacted nations face the of 2012. real need to get spending and debt issuance under control. No other issue is more critical to global U.S. Employment Wary business leaders and worried consum- economic performance in 2012 than a solid resoluers have contributed to the weak level of American tion of the European debt crisis. job creation during the current economic recovery. The nation has regained only one-fourth of the eight million jobs lost during the crisis of 2008 and Jeff Thredgold is the only economist in the 2009. Unless and until confidence levels improve, world to have ever earned the CSP (Certified Speaking Professional) international designation, weak additions to employment will continue. the highest earned designation in professional The nation’s unemployment rate has averaged speaking. He is the author of econAmerica, released 9 percent for the past three years. Most forecasters by major publisher Wiley & Sons, and serves as see an unemployment rate of not less than 8.5 per- economic consultant to Zions Bank. cent by the end of 2012.

from page 7

a user’s location with Location Based Service technology and filter results based upon locality of merchants. The users can then review search results on a map and choose the offer to review and purchase from their CityDeals account. Purchases can be redeemed on site with merchants, printed at home or mailed to the user’s address. The app provides directions and mapping to the merchant. • The Leonardo has opened The Leo Store, a retail museum shop offering a collection of gifts that mirror the museum’s eclectic mix of science, technology and

Cyber Monday sales on ZAGG. com. ZAGG had approximately 585,000 visitors to ZAGG.com in 24 hours, an improvement of 234 percent over the company’s previous record high. ZAGG’s record high traffic to ZAGG.com occurred during a Black Friday contest that gave away an Apple iPad every hour. ZAGG recorded over 640,000 entries to its Apple iPad giveaway – a rate of almost 27,000 entries per hour or 450 per minute. ZAGG had an estimated 283,000 Facebook shares during the same period, with more than three new Facebook fans every minute. ZAGG will give away an iPad 2 every day through Dec. 31, 2011.

TRAVEL/TOURISM • The Salt Lake Convention

creativity, and include jewelry and clothing, electronic games and devices, smartphone accessories, art supplies and kits, as well as home accents. The store also offers gift cards that can be redeemed for store merchandise, tickets and even memberships. The Leo Store will be open during the museum’s regular operating hours. • Harmons’ Grocery Stores will host an Extreme Gingerbread Event Dec. 10 at Harmons’ Bangerter Crossing Store, 125 E. 13800 S. in Draper. Children and their parents will participate in a gingerbread house-making class on the store’s mezzanine under the supervision of Harmons’ chefs and bakers, starting at noon. Close by inside Harmons’ Cooking School kitchen, three teams of professional architects will construct houses out of heavy-duty gingerbread against the clock as they compete for charity. The public is encouraged to drop by to see the progress of the architects from 9 a.m. to 1 p.m. • ZAGG Inc., a Salt Lake City-based mobile device accessories company, experienced record daily sales and record high traffic to its website during Black Friday and Cyber Monday campaigns to kick off the holiday season. ZAGG recorded a 94 percent increase in sales over the company’s 2010

& Visitors Bureau recently booked the American Choral Directors Association’s 2015 Biennial Conference that will bring 10,000 attendees to Salt Lake. The citywide convention will generate approximately 10,505 room nights and $9.23 million in direct attendee spending, and will utilize a number of venues within the downtown area, including the Salt Palace Convention Center, Abravanel Hall, Capitol Theater, Cathedral of Madeleine, The First Presbyterian Church, Assembly Hall and the Mormon Tabernacle. • Tourism revenue is up in Utah and more out-of-state visitors are coming to vacation in the state, according to information released by the Utah Office of Tourism. Total spending by travelers and tourists in Utah was up last year to $6.525 billion, an increase of 4.7 percent, according to the Governor’s Office of Planning and Budget. Total direct state and local taxes generated by traveler spending was up 4.4 percent to $841 million in 2010, including $500 million in state taxes and $341 in local. The number of domestic and international visitors also jumped to 20.2 million last year, an increase of 4.2 percent. Information released by the state also shows travel and recreationrelated employment accounted for 122,839 jobs in 2010, a 2.2 percent increase from the previous year. Visitation grew last year at Utah’s national and state parks, according to the data. National park visits were 6 million in 2010, up 1.2 percent. State park visits were 4.8 million last year, up 1.3 percent.

Dec. 5-11, 2011

The Enterprise

FACEBOOK from page 9

but rather embodied “truly group complaints” and, in some cases, also contemplated future group activity. By contrast, the general counsel described several cases that did not involve concerted activity. In one, a bartender was fired after posting a message on his Facebook page that mentioned his employer’s tipping policy, in response to a question from a non-employee. The general counsel found that, although the bartender’s Facebook post addressed the terms and conditions of his employment, the activity was not “concerted” because he did not discuss the post with his coworkers, no co-workers responded to the post, and there had not been “employee meetings or any attempt to initiate group action concerning the tipping policy or raises.” As such, his termination was lawful. In another case, the general counsel found insufficient evidence that an employee had engaged in concerted activity when he made Facebook comments that were critical of local store management. Although several co-workers responded to his Facebook post by expressing emotional support and asking why he was so “wound up,” the general counsel did not find that concerted group activity had occurred: the post contained no language suggesting that the employee wanted to induce his co-workers to engage in group action, and none of the co-workers’ Facebook responses

indicated that they interpreted the employee’s postings as such. Therefore, the employee’s criticisms were “individual gripes” and not concerted group activity. What is the Post’s “History”? A final factor to consider in evaluating whether an employee’s social media post justifies discipline is the post’s “history” — whether the post was a continuation of a pre-existing conversation between employees or the culmination of an ongoing dispute with the employer, versus a relatively spontaneous post with no recent history behind it. In several cases where the general counsel found an employee’s social media post to be protected, the Facebook post was part of a larger, ongoing dispute or conversation. For example, in the case involving the luxury car salesman who complained about his employer’s sales event, the general counsel found that the salesman was “continuing the course of concerted activity” that had begun earlier when several salespeople raised their concerns during a staff meeting about the refreshments being served. Similarly, in the case where restaurant employees complained about their employer’s tax withholding practices, at least one employee had already raised the issue with his employer and asked that the matter be addressed at an upcoming employee meeting. By contrast, the cases where no protected activity occurred often involved spontaneous musings or isolated complaints. In the case where the bartender was fired after he made a Facebook posting about his employer’s tipping

policy, the bartender had never mentioned the tipping policy to management, and there had been no recent discussions with his coworkers about the tipping policy or raises. Likewise, in the case involving the recovery specialist who was fired after posting on Facebook about what was happening on her shift, the general counsel wrote that the employee was not trying to induce group action, nor was her post “an outgrowth of the employees’ collective concerns.” Instead, it was a relatively spontaneous post describing what was happening on her shift. Has the Employee Lost the Act’s Protections? Once it is determined that an employee’s social media post constitutes protected concerted activity, the next determination is whether the employee has displayed behavior so offensive or “opprobrious” as to lose the NLRA’s protection under the board’s precedent. In making this determination, the court applies a four-factor test set forth a 1979 case, Atlantic Steel Co. Notably, the four cases described above included “swearing and/or sarcasm,” “name-calling,” use of a “short-hand expletive,” and references to management personnel as an “a[--]hole” and “scumbag.” However, in each case, the general counsel concluded that the employees had not engaged in conduct so offensive as to lose the act’s protection. The general counsel’s analysis appears to give employees ample latitude for personal expression. In finding that one employee did not lose the act’s protection after call-

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ing her supervisor a “scumbag,” the general counsel applied the Atlantic Steel framework and cited the following facts: (1) place of discussion: “the Facebook postings did not interrupt the work of any employee because they occurred outside the workplace and during nonworking time”; (2) subject matter of discussion: “the comments were made during an online employee discussion of supervisory action, which is protected activity”; (3) nature of the outburst: “the name-calling was not accompanied by verbal or physical threats,” and “the board has found more egregious namecalling protected”; and (4) provocation: “the employee’s Facebook postings were provoked by the supervisor’s unlawful” conduct, which “strongly favored a finding that the conduct was protected.” Interestingly, the first three factors will typically be present in social media cases where employees post on Facebook or Twitter from their own homes during nonworking hours. And, with respect to the nature of an employee’s outburst, the board’s precedent has allowed fairly colorful name-calling to be protected. For example, in a 2010 case called Plaza Auto Center Inc., the board ruled in favor of an employee who was fired for calling the owner of his company a “f---ing crook” and an “a--hole,” also adding that the manager was stupid, not liked, and talked about behind his back. This outburst was not so offensive as to lose the act’s protection. Therefore, the message to employers seems to be that, in the absence of verbal or physical threats, companies need to devel-

op a thick skin when it comes to tolerating employees’ offensive language in social media posts. This is especially true when the offensive posts are provoked by a supervisor’s arguably unlawful conduct. Employers have slightly more freedom to punish employees who post on Facebook while at work, since their postings could be said to interrupt the work of the employee. But even then, the fact that the post happened at work is just one of several factors to consider in deciding whether an employee has lost the protections of the NLRA. The facts and themes of these cases provide some guidance to employers who may be deciding whether to discipline an employee for making an offensive social media post. Before taking any disciplinary action, an employer should consider whether the employee was discussing his working conditions in his social media post (such as his hours and compensation), whether other employees were involved in the discussion and addressing “group complaints,” and whether the post was part of an ongoing discussion or dispute at the company. If these signs are present, an employer should think carefully before disciplining the employee. Kristin Aldred is a trial associate at Fabian Law. She represents both plaintiffs and defendants in a variety of commercial litigation matters, including business disputes, employment disputes and securities actions. She also has experience counseling employers on employment-related matters. She can be reached at (801) 531-8900 or kaldred@fabianlaw.com.

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• Dec. 6, 8 a.m.-noon: “Unleash the Power of Recognition: Create a Carrot Culture,” sponsored by The Employers Council. Joel Bishop of O.C. Tanner will teach attendees how to incorporate daily recognition techniques. Participants will then learn the skills needed to integrate informal, day-to-day recognition into their exchanges and conversations with team members through hands-on exercises, roleplays and humorous, interactive discussions. Participants will also receive a Recognition Toolkit that includes New York Times bestseller The Carrot Principle, by Adrian Gostick & Chester Elton, a recognition training workbook, and thank you cards to start appreciating great work. Location is the Red Lion Hotel, 161 W. 600 S., Salt Lake City. Cost is $129 for council members, $209 for nonmembers. Price includes a full breakfast buffet. Download the registration form at http://ecutah. org/recognition.pdf. • Dec. 7, 11:30 a.m.-1:30 p.m.: NorthFront Entrepreneur Alliance Third “Entrepreneur Excellence” Awards Banquet. The event will honor three of northern Utah’s top-performing start-up businesses in the categories of business with the greatest potential, best bootstrapped business and fastest-growing business. Location is the NorthFront Business Resource Center, 450 S. Simmons Way, Kaysville. Cost is $20 and includes lunch. Register at www.northfrontalliance.org. • Dec. 8, 3:30-5:30 p.m.: “How to Raise Money,” sponsored by the Wayne Brown Institute and VentureCapital.org. At the event, several items will be discussed, including current trends, the basics of the fundraising process, finding the right investor, and how to raise capital from the perspective of a serial entrepreneur and an investor. An open Q&A session will follow. Location is the law offices of Holland & Hart, 222 S. Main St., Suite 2200, Salt Lake City. Free. • Dec. 8, noon-1 p.m.: “Protecting Your Innovations After the Leahy-Smith America Invents Act,” a panel discussion hosted by Kirton & McConkie. The Leahy-Smith America Invents Act is the first large-scale U.S. patent law reform in 60 years that will dramatically reshape existing patent laws. While the Act creates streamlined alignment between U.S. patent law and international patent laws, it also significantly changes the landscape for obtaining and enforcing patents. A panel presentation will explore some of the changes from this Act and the implications on products and

The Enterprise

Dec. 5-11, 2011

inventions. The panel will include Jill Powlick, corporate intellectual property counsel at Idaho Technology Inc.; Sally Brown, patent counsel at Autoliv; and James Larson, corporate and IP counsel at Innovative Medical Device Solutions. Moderator will be Ken Horton, a shareholder at Kirton & McConkie. Location is the Kirton & McConkie offices, 60 E. South Temple, 16th floor, Salt Lake City.

• Calendar • Free. Lunch will be served. RSVP by Dec. 6 with Cynthia Kersey at (801) 323-5966 or via e-mail to info@kmclaw.com. Register at www.venturecapital.org. • Dec. 9, 8-9:30 a.m.: “Tips, Tools and Tricks,” the Utah Technology Council’s annual PR clinic. Speakers will be Ty Kiisel, manager of social outreach at AtTask; and Heather Erickson director of corporate communi-

cations for Ancestry.com. The program will be moderated by Mark Fredrickson, director of corporate communications for TechMediaNetwork. Location is Neumont University, room 300, 10701 S. Riverfront Parkway, South Jordan. Cost is $15 for UTC members, $30 for nonmembers. Networking begins at 7:30 a.m. Register at www.utahtech.org or call (801) 568-3500.

• Dec. 13, 7:15-9 a.m.: Association for Corporate Growth Utah Breakfast Program. Guest speaker will be Sam Robinson, chief operating officer of SendOutCards. Location is the Little America Hotel, 500 S. Main St., Salt Lake City. Free to ACG members, nonmembers pay $30. Register at www.acg.org/utah or by calling Linda Blake at (801) 359-8613.

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Dec. 5-11, 2011

The Enterprise

Unacceptable in today's GOP? Realism and compassion

Tasteless and questionable tors,” it was surprising to hear as it was for CNN to “co-spon- Newt Gingrich appeal to human sor” a Republican presidential decency in resolving the immigradebate with a pair of right-wing tion issue. But so he did, sensibly Washington think-tanks, at least noting that deporting 11 million the branding was accurate. There or more undocumented residents among the honored interlocutors of the United States would be not only impractical but were the authors of dismal viciously cruel. It would failure and national dismean ripping apart famgrace in the Bush era, such ilies that have lived here as Paul Wolfowitz and peacefully for generaDavid Addington, whose tions. presence helpfully reminds “I’m prepared to us that to elect a Republican take the heat,” said the risks a presidency that will former speaker, rather make the same gross moral and strategic errors, or Joe Conason courageously, for insisting that the law should be worse. Listening to them enforced “with humantalk about Iran, a nation that unlike Iraq or the Taliban is ity” — and his opponents, notably a real military power, it was clear Mitt Romney, brought that heat that we will certainly edge closer to a boil, attacking Gingrich for to another war with almost any supposedly supporting “amnesty,” perennial buzzword of the antiRepublican in power. What the debate also revealed immigrant movement. again is that a Republican who Actually, Gingrich doesn’t dares to utter a few words of back amnesty per se — which usucompassion or realism is likely to ally indicates a “path to citizenprove unacceptable to the base of ship” — but his position is close that party. enough to mean trouble from the Coming off his proposal to GOP’s large nativist constituency. repeal child labor laws, so that He prefers a selective service sysschools can force nine-year-olds tem for immigration, which would to do the work of “unionized jani- bring individual cases before

boards of local citizens to decide whether any particular illegal immigrant should be deported or permitted to remain permanently, in a legal status that would be less than citizenship. As far as the immigrant-bashers are concerned, that’s amnesty, and the hell with it. What was dishonest in Romney’s response, however (especially coming from a man who hired illegal landscapers himself, presumably because they were cheap) is that he never said how he would deal with the estimated 11 million or 12 million undocumented workers who are here today. The former Massachusetts governor, who helped drive thousands of jobs overseas in search of cheap labor as a financier and consultant, spoke enthusiastically of all the brainy immigrants he’d like to bring in legally — and of the necessity of “securing the border,” another tiresome platitude that is heard far more often than how it will be achieved. (The unspoken truth is that illegal immigration has dropped precipitously, deportations are up, and the American economy would benefit from more, not less, immigration of all

kinds.) Yet for all his promises to “enforce the law,” Romney never bothered to explain how he will deport 11 million or more, as a practical and humane policy. Nobody who knows much about the issue believes that it can be done. But what we know about Romney — and the rest of the Republicans, who rarely pass up a chance to denounce organized labor — is that they prefer a lowwage workforce unable to assert any rights. If the undocumented were suddenly able to speak out and act without fear, they would also be able to join unions, demand higher wages and health benefits, and refuse to be used against native-born workers. If Gingrich takes the heat for his few words in defense of immigrant families, he was not the only Republican on stage to say something wise that will be used against him. Ron Paul sagely warned, as he has done many times before, that the “war on terror” and the “war on drugs” are flawed concepts that endanger constitutional liberty. Yet he also showed why libertarian ideologues

like him are unfit to represent American ideals, when he claimed that all the money spent on foreign aid is wasted — in response to a question from Wolfowitz that specifically referred to the highly successful Bush administration program of HIV/AIDS assistance to poor nations. That discussion offered Rick Santorum a chance to shine, by denouncing the notion that Congress should “zero out” such foreign assistance programs, and to proclaim proudly that he had promoted the Bush AIDS programs in the Senate. No doubt he, too, will have to take the heat — for acknowledging that American leadership cannot be based on military or economic power alone, and that as Jon Huntsman dared to say, America needs friends and allies in a changing world. In the era of tea party jingoism, there is precious little space for that traditional Republican outlook — and plenty of room for smooth panderers like Romney. Joe Conason is the editor in chief of NationalMemo.com. Copyright 2001 Creators.com.

Dec. 5-11, 2011

Failure or success?

Many people are lamenting going on, Republicans were so the failure of the Congressional hopelessly outnumbered in both “Super Committee” to come up houses of Congress that nothing with an agreement on ways to that the Congressional Republicans reduce the runaway federal defi- could say or do would have the cits. But you cannot judge success slightest effect. or failure without know Even the clevering what the goal was. est political spin-master If you think the goal would have a hard time trying to keep blame was to solve the country’s from falling on the fiscal crisis, then obviousObama administration, ly the Super Committee without the later shift was a complete failure. of attention to the debt But, if you think the goal crisis. was to improve the chancThomas Two things got the blame es of the Obama adminisSowell shifted. The first was the tration being re-elected in national debt ceiling, which had to 2012, it was a complete success. Imagine that there had been be raised, if politicians were not no Super Committee in the first going to be forced to either cut place. Who would be blamed for existing programs or shut down the country’s fiscal crisis? The the government — neither of overwhelmingly Democratic which was politically attractive. By the time a vote on raisCongress that voted to spend the money which increased the ing the national debt ceiling deficits more during the Obama was required, Republicans had administration than in the eight gotten control of the House of Representatives. This meant that years of George W. Bush. When the Obama administra- the national debt issue was now tion’s massive spending spree was a bipartisan issue, whereas the

The Enterprise

spending that drove the national debt up to that national debt ceiling had been a problem strictly for the Democrats. Splitting the blame with the Republicans for what Democrats alone had done was a political victory, in terms of making the Obama administration less vulnerable at the polls in 2012. With the help of the media, the big issue was no longer the big spending that drove the national debt up to the legal ceiling, but the failure of the Republicans to help solve the debt ceiling crisis. Many people lamented the failure of President Obama to become engaged in the process of working out a solution to the fiscal crisis, and regarded that as a failing. But, again, success or failure depends on what goal you are trying to achieve. If the goal was to reach a bipartisan solution to the country’s fiscal crisis, then the president’s involvement might have increased the chances of doing that. But, if the goal was to outsource the

blame, then the president’s fading away into the background was the perfect political ploy. Appointing a bipartisan Super Committee with dramatic powers, and apparently dramatic consequences if they failed to reach agreement, created another long distraction in the media that took the president further out of the picture. When it came to media coverage of the country’s financial crisis, it was almost a question of “Barack Who?” The draconian spending cuts that were supposed to hang over the heads of the members of the Super Committee, like a sword of Damocles, turned out to be a cardboard sword when the inevitable failure to reach an agreement occurred. A new Congress meets before these draconian cuts are supposed to happen — and no Congress can be forced to do anything by a previous Congress. So all this turned out to be a grand charade — and politicians are great at charades.

This one was a complete political success, because we are now talking about who is to blame for not coming up with a way of solving the fiscal crisis, rather than who did the runaway spending that caused that crisis in the first place. An even longer-running charade is the budget-cutting charade, where big spenders promise to make spending cuts to match tax increases — or even to exceed tax increases. Of course the tax increases come first and the spending cuts are spread out into the future — and usually end up not taking place at all. This particular charade could be ended by making the spending cuts take place first. But that would spoil the political game. Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University, Stanford, CA 94305. Copyright 2011 Creators.com

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