Mid-America Lumbermens Association

MLA LINE

Lumber Industry News Express

Mid-America Lumbermens Association

MLA LINE

Vol. 4, No. 17 – August 15, 2005

 PLAN NOW TO ATTEND 2005 FALL FLING

 Now in its third year, the “Fall Fling” is the Annual meeting of MLA members. Thanks to members’ enthusiastic response, we are continuing this outstanding event. Both dealers and associate members appreciate the opportunity to mingle with one another, exchange ideas, laughter and sometimes a story or two. Again this year, we’ll have a casual yet highly informative and educational event that will be well worth your time.  

The annual meeting will be held November 3-4 at Harrah’s North Kansas City Conference Center and Casino. The location itself is a reason to attend, but you’ll want to attend the timely and informative program planned for Friday, November 4, as well. 

You probably already know something about Greg Brooks and his expertise from reading the top publications in the building materials industry. Now, you’ll have the opportunity to meet him and hear him speak about what’s happening now in the supply chain, how it affects you and the opportunities that await. His topic will be “Point of Impact: The Coming Shake-Out in Construction Supply.” 

We’ll draw from over 50 years of research to trace the evolution of production home building and its impact on the channel, analyze case studies of successful dealers throughout North America, and examine the unprecedented threats and opportunities facing construction suppliers. 

Greg Brooks is president and CEO of the New Albany, Ind.-based Building Supply Channel, Inc., a training and development firm serving the building products industry.

 Brooks is a 36-year veteran of the construction supply business who spent over 20 years in the field, in all facets of operations, sales, and management. As a trainer, he has developed programs for organizations that include Huttig Building Products, Lumbermen’s Merchandising Corporation, Wickes Lumber, and the National Retail Hardware Association. 

He was a co-founder and editor of ProSales magazine in the 1990s, and is now chief editor of LBM Journal. Brooks is a member of the Steering Committee at the Harvard University Joint Center for Housing Studies, and has conducted seminars and workshops on building product distribution trends for thousands of industry executives throughout North America. 

Watch for a complete agenda and registration form in the next edition of “News You Can Use.” (If you can’t wait, call or email Olivia for a registration form today!)  Don’t miss this outstanding opportunity to visit with fellow dealers in a relaxed, fun atmosphere and to hear one of the finest speakers in our industry today. We’ll look forward to seeing you in November! 

AUGUST RECESS TALKING POINTS 

Should you have the opportunity to talk to your Representative or Senators during the August recess, below are current issues to discuss: 

House: Cosponsor the NLBMDA-initiated Retailer Liability Relief Act, to be introduced this fall. 

Senate:

  1. Vote for full and permanent repeal of the Death Tax (H.R.8).

  2. Please do not abandon work on an Asbestos Liability Resolution (S.852). 

Look for additional information on these issues on the NLBMDA web site at www.dealer.org/html/dealerinvolvement.html and in the August issue of the Advocate next week.  As always, please feel free to contact NLBMDA lobbyist Colleen Rocha Levine at 800.634.8645 or colleen@dealer.org if you would like more information on any of these activities.

 IMPORTANT OKLAHOMA SESSIONS 

“In Search of the Perfect Credit Application” & “Perfecting Liens in Oklahoma” - 

September 19, 2005, Cherokee Casino, Tulsa 

Scott Blakeley, Esq. is back in Oklahoma. This time in Tulsa to discuss what makes a credit application legally binding and compliant with federal and state regulations. The right credit application can protect your company from loss and from claims that you violated little known regulations. Join this nationally recognized speaker for the afternoon session and learn how to develop the best credit application for your business today.    

If you are a material supplier or otherwise involved in the construction-related businessyou will want to get up early for the early morning session on filing Mechanics Liens in Oklahoma. Jon Hines, Credit Manager with Rainbow Concrete and Mike Brittain, President of the National Association of Credit Management (NACM) MidAmerica, will present everything from the new Lien Notice requirements to the actual filing of Mechanics Liens in Oklahoma. 

"Lienapalooza" – Comes to Oklahoma City on October 11th 

NACM MidAmerica, in conjunction with NCS from Ohio, presents two exciting seminars in October at the Waterford Marriott in Oklahoma City. The morning of October 11th learn about the Uniform Commercial Code’s security agreements, financing statements, Purchase Money Security Agreements (PMSA) and all the rules governing filing these forms of security agreements. The afternoon session is dedicated to Lien and Bond Claims where you will learn about the different types of liens and legal procedures AND the legal process of filing a bond claim. Go to www.nacmservices.com or call MLA at 800-747-6529 for more information. 

Fire Extinguisher Recall! 

About 470,000 Kidde 10 lb. industrial dry chemical fire extinguishers with black Zytel® nylon valves in steel cylinders have been recalled. 

These fire extinguishers were manufactured in the United States by Walter Kidde Portable Equipment, Inc. and sold at commercial fire equipment distributors and stores nationwide between 1991 and 2000. 

The hazard is the nylon valve can separate from the steel cylinder creating a safety hazard to fire extinguisher service personnel and consumers. Don’t touch any of the fire extinguishers or try to remove them from their bracket.  

Kidde has received five reports of valve separation during either technical service of the units or shortly thereafter, resulting in three reports of injuries. 

These units were designed for commercial and industrial facilities, and a majority of them were placed into factories, plants, businesses, and other commercial locations as they require service by a qualified Fire Extinguisher Distributor or Service Organization every six years.

 The unit is 19 to 21 inches tall, and only the 10 lb. size is affected. It is a steel cylinder with welded neck ring and black, nylon valve. This recall does not apply to the 2.5 and 5 lb. residential sizes, nor the aluminum cylinder with sloping neck and no welded neck ring. 

What to do:  Look to see if you have this type of fire extinguisher. Don’t touch any of the fire extinguishers or try to remove them. If you suspect that you have this type of fire extinguisher, call your fire extinguisher distributor or service organization and schedule them to come verify and initiate the “Replacement Program.”  

Fire extinguisher distributors and service organizations must immediately stop servicing the type of fire extinguisher covered under this alert. Kidde has initiated a Fire Extinguisher Replacement Program for all units under this recall. Only fire extinguisher distributors and service organizations should remove the affected units and follow the steps outlined in the “replacement program.” Only fire extinguisher distributors and service organizations should call and participate in the Kidde Replacement Program. They are to call 1-877-777-8170 between 8 a.m. and 5 p.m. ET, Monday through Friday.  

If you don’t contract with a fire extinguisher service company, and you suspect you have these units, don’t try to remove the unit, but contact Kidde at 1-800-631-7377 between 8 a.m. and 5 p.m., ET Monday through Friday. 

If you would like a more detailed description, call Jenny at RCI 800-88-9596, ext. 213 and she will email or fax you the actual recall alert, photos, and FAQs.

 Source: Safety Sentinel, August 8, 2005, published by Regulatory Consultants, Inc.

 Lumber Dealers Sign Cooperative Agreement with FMCSA 

Washington, D.C. - The National Lumber and Building Material Dealers Association (NLBMDA) and the U.S. Federal Motor Carrier Safety Administration (FMCSA) signed a memorandum of understanding today, July 28th, that will promote driver and highway safety by using their collective expertise to advance a culture of safety within the lumber and building material dealer industry. 

NLBMDA Chairman Sam Dunn (Dunn Lumber, Daytona Beach, FL) and FMCSA Administrator Annette M. Sandberg met for the official signing at the U.S. Department of Transportation, the first between NLBMDA and FMCSA. 

 The signing paves the way for a working group of NLBMDA dealer members and FMCSA officials to regularly meet and discuss overall safety awareness, regulatory compliance, training, and outreach to the industry and small business in general. Lumber and building material dealers will review current materials and recommend ways to maximize the impact of FMCSA programs in reducing highway fatalities and motor carrier compliance.

 NLBMDA proposed the FMCSA memorandum of understanding after successful participation in a voluntary cooperative program with the U.S. Occupational Safety and Health Administration (OSHA). NLBMDA stresses the importance of dealers complying with regulations and the need for regulatory agencies to supply the necessary tools to improve safety and assist with compliance. The new agreement with FMCSA further brings the needs of the lumber and building material industry to the attention of federal regulatory agencies. 

SAVE THE DATE

 Mark these important dates on your calendar and watch your mail for more information: 

August 23 – Risk Management Seminar

         Sept. 29-Oct. 1 – NLBMDA Industry Summit, Vancouver, B.C.

             November 3-4 – MLA Annual Meeting

 LUMBER NEWS – QUICK GLIMPSES 

WTO Announces Latest Ruling Favoring Canada in Softwood Tariff Dispute… The World Trade Organization ruled in favor of Canada Monday in the long-running dispute between the U.S. and Canada, stating that the United States hadn’t succeeded in proving Canada’s subsidization of its timber industry is unfair. The U.S. has collected an estimated $5 billion on softwood imports from Canada and will likely continue despite Monday’s decision.  

Nonetheless, the ruling represents a victory for Canada. Canadian Trade Minister Jim Peterson commented on the favorable decision, saying: “We are pleased that the WTO compliance panel has agreed with Canada on the central issue in this case and found that the U.S. imposition of countervailing duties continues to be in violation of U.S. WTO obligations.”

 Source: LBM Daily, August 2, 2005 

NLBMDA Legislative Victories…

* July 26, the House passed the NLBMDA Key Vote Small Business Health Fairness Act (H.R.525) by the strongest vote margin yet, 263-165, sending a strong message to the Senate. 

* NLBMDA successfully lobbied highway bill negotiators who ultimately removed the NLBMDA-opposed mandatory minimum fuel surcharge provision before final passage of the Transportation Equity Act (H.R.3).

* A planned vote on NLBMDA priority Death Tax Repeal was postponed till September, giving advocates of full repeal more time to lobby key Senators.

* Several significant measures were successfully completed last week and sent to the President for signature, including landmark Energy Policy Reform, the Transportation Equity Act, the Central American Free Trade Agreement (CAFTA) and the Interior Department funding bill.

 Source: NLBMDA Capitol Hill Update, August 3, 2005 

Pro Dealer Top 350 Scoreboard… According to Home Channel News, overall sales for the top 350 [dealers] skyrocketed 28 percent last year to $65.15 billion. The top eight all generated more than $1 billion in sales, with Stock Building Supply maintaining its No. 1 position, nosing out Rinker and 84 Lumber.  Editor’s note: Congratulations to MLA Members Mill Creek Lumber (Tulsa, Okla), McCray Lumber (Overland Park, Kan.), E.C. Barton (Jonesboro, Ark.), and Star Lumber (Wichita, Kan.) on their top-100 rankings!

 Source: Home Channel News, August 8, 2005. 

Small Business Health Fairness Act… The House passed the Small Business Health Fairness Act (S. 525) to allow the creation of association health plans. The Senate could take up health care legislation this fall but it is unlikely to include association health plans because a sizable number of senators worry they would attract only healthy employees and do not want to relinquish state oversight of health insurance. Sen. Mike Enzi (R-WY), who chairs the Health, Education, Labor & Pensions (HELP) Committee, which will draft the bill, says he will work on legislation that will help small businesses as well as satisfy Sen. Edward Kennedy (D-MA), the ranking Democrat on the HELP Committee and an arch opponent of association health plans.

 Source: Last Week in Washington, published by the North American Retail Hardware Association, August 8, 2005. 

Credit Card Offers… If you are tired of finding “pre-approved” offers of credit cards and insurance policies in your mail, there’s a way to stop them. Under the Fair & Accurate Credit Transactions Act, the Federal Trade Commission now requires companies sending these kinds of unsolicited offers to inform recipients how they can opt out of receiving future mailings. Consumers can call 888-5-OPTOUT to opt out permanently, for five years or opt back in. 

Source: Last Week in Washington, published by the North American Retail Hardware Association, August 8, 2005. 

Victory for Canada in Softwood Lumber Dispute; U.S. Ignores Ruling, Stocks Rise… On Wednesday, NAFTA’s Extraordinary Challenge Committee sided with the original NAFTA ruling that the U.S.’s tariffs were illegal, and Canada demanded repayment of the $4 billion owed immediately. The United States, according to a statement released in July, will not pay back the tariffs, and instead expects to resume negotiations immediately.  

Source: LBM Daily, August 11, 2005 

U.S. Ambassador Meeting with Canadians to Retry Negotiations… Ambassador David Wilkins sat in on meetings Thursday with several Canadian Premiers, in an attempt to smooth the way for improved U.S.-Canadian relations after the long-awaited NAFTA ruling this week.

The Canadians have been vocal in announcing their hopes that the U.S. will finally accept the panel’s ruling regarding the return of softwood lumber tariffs.

 “It’s time for the Americans to say they’re going to live up to their obligations and return the dollars that have been illegally taken from Canadians,” announced British Columbia's Gordon Campbell.  

Source: LBM Daily, August 12, 2005

 

If you only attend one conference this year,

Make it the One that Counts:

 NLBMDA Industry Summit

September 29-October 1, 2005

Pan Pacific Hotel

Vancouver, British Columbia

 The NLBMDA ProSales Industry Summit is the event of the year for the construction supply industry. It’s where industry leaders convene to discuss today’s most pressing issues and formulate sound business strategies for a successful tomorrow. 

For more information and to register, call 800-634-8645 or visit www.dealer.org.

 

Top Five Organizational Tips 

1.  Give it back to 'em.  If you are sent a request for information by regular (snail) mail, use your "Reply" Button: Write your response directly on the letter itself and send it back!


2.  Do you watch TV? Get on the floor and do some leg lifts or back stretches during one of your thirty-minute sitcoms. Or hop on the treadmill.  Those thirty minutes are going to pass anyway – so why not feel stronger physically afterward? 

3.  Save your work - OFTEN!  People ask, “How often should I back up?” Well, how often can you afford to lose what you have accomplished? Weekly? Daily? Consider re-doing your proposal – SAVE AS YOU GO!

 4.  Prepare for your phone call. Often we EXPECT to get voice mail and are stunned when the person answers. Have your points ready – either way, you can leave an effective voice mail or not waste time groping for information when the person answers the phone. 

5.  LEAVE A MESSAGE – Call this a pet peeve, but nothing is more irritating than exchanging voice mail calls. If you have a question for a person, ASK IT IN THE VOICE MAIL! Continuing to say, Call me is unproductive and time wasting for both parties.

Source: Success Tips, August 2005, a monthly newsletter from Synthesis, Inc.

 MEMBER NEWS 

In memoriam… We are sad to report the death of Robert Kirkland “Pud” Green, on August 9, in Pratt, Kansas.

 Mr. Green was a third generation lumberman with W.R. Green Lumber Co. for 55 years. He was a member of the First Baptist Church in Pratt, Park Hills Country Club since 1939 (served as President for several years), Pratt Rotary Club since 1945, BPOE #1451 since 1945, Pratt Area Chamber of Commerce from 1945-2001 (served on board for several years), and served three years as a director for the Mid-America Lumbermens Association, 

Memorials may be made to Pratt High School Foundation, Pratt Regional Medical Center Emergency Room, or Pratt Public Library in care of the mortuary. Condolences may be left at www.larrisonmortuary.com.

 FEDERATED WEB SITE ADDS FEATURES FOR CLIENTS 

Federated Insurance recently updated its web site to better serve its clients, prospects, and association partners. Clients can now conveniently download certain forms, order safety signs and brochures, and access other risk management materials through a secured shopping cart area. The site’s redesigned format offers easier navigation and more information about Federated’s products and services for all visitors. 

Improvements in the web site now allow clients and visitors to: 

·       Quickly locate the Federated representative serving your area.

·    Request or download risk management materials through a secured area of the site (clients only).

·    Find detailed information on property and casualty insurance programs by industry.

·   Get more specific information about Federated’s group health plans and life and disability income products.

·   Access information about our relationships with affinity groups and    trade associations.

·   Learn more about career opportunities with Federated.

·   Quickly search for specific topics.

 

Clients should watch for information with their billing statements about accessing the secured area of the site. Once they have registered a username and password, they may request or download materials at no charge. Only insured commercial property and casualty clients may access the secured area.

 

Additional functionality to support group health clients and members will be introduced in the near future. In the meantime, Federated will continue to develop its web site to better accommodate all visitors. 

MLA encourages you to check out the new features available on Federated’s web site at: federatedinsurance.com.

        MLA is proud to endorse….

 

THOUGHT FOR THE DAY 

“A troublemaker is someone who rocks the boat then persuades everyone else there is a storm at sea.” Anonymous

We're here to help. Until next time....

MLA Staff

816-561-5323

800-747-6529

 

 

The opinions, views, and interpretations expressed in this publication do not constitute legal advice.  Questions and concerns regarding your company’s compliance with Federal or State regulations should be directed to the appropriate Federal or State agency.