MEGA SHOW HIGHLIGHTS Inside
Transcription
MEGA SHOW HIGHLIGHTS Inside
NOZZLE & WRENCH SEPTEMBER/OCTOBER 2014 Inside Protecting Your Business SCHEDULE at-a-glance The Year in Review MEGA SHOW HIGHLIGHTS $5,000.00 Cash Prize New Vendors Show Specials Education Sessions Social Events Networking Opportunities FEATURED KEYNOTE SPEAKERS l n ia io ec t p n S ve ue s on Is C Anant Patel (left) Crude Oil Trader with ExxonMobil Refining & Supply and Bob Aenchbacher (right) General Manager for U.S. Installer Sales with Castrol NOZZLE & WRENCH ADVERTISERS INDEX TABLE OF CONTENTS Alger Electric ..................................................................6 Editorial: Can You Survive Your Government? ............................................2 Benjamin F. Brown Insurance Agency, Inc. ............22 Carroll Motor Fuels ........................Inside Back Cover Century Distributors, Inc.............................................31 On the Legislative Front: Protecting Your Business ..................................4 Kirk’s Korner: A Look at the Convention Highlights....................................7 Chesapeake Automotive Equipment ..........................3 Coastal Trash ..................................................................2 Mega Show Schedule at a Glance ..............................................................9 Dana Insurance & Risk Management ........................4 Ewing Oil Company ........................Inside Front Cover First Merchant Services ............................................26 Mega Show Activities and Educational Seminars ..................................10 2014 Keynote Speakers ................................................................................11 Intelicom, Inc. ..............................................................16 Maryland Pump & Tank ................................................5 Mega Show Specials ....................................................................................12 MTD Services, Inc. ......................................................15 Petroleum Marketing Group, Inc...............................17 PPC Lubricants ............................................................24 Mega Show Convention Sponsors..............................................................14 Mega Show Golf at the Beach Sponsors ..................................................15 Six Flags America ........................................................20 Spigler Petroleum Equipment, LLC..............................8 Mega Show Exhibitors ..................................................................................17 Wills Group....................................Outside Back Cover As I See It: Why Not Go to Ocean City? ....................................................18 WMDA/CAR PAC ..........................................................19 Frankly Speaking: Unsung Heroes ..............................................................19 CAR Talk: Freeloaders....................................................................................21 CAR Talk: Satisfying the Customer ................................................................23 Benefits of Membership................................................................................23 General Counsel Corner: The Franchise Industry Receives a Jolt ....................................................25 Association Leaders Meet with Oil Companies and Suppliers..............27 1532 Pointer Ridge Place, Suite G • Bowie, MD 20716 301-390-0900 • Fax: 301-390-3161 E-mail: [email protected] • Website: www.wmda.net Marta Gates – Editor Frank Lang – Graphic Designer Nozzle & Wrench is published once a year by the Washington, Maryland, Delaware Service Station & Automotive Repair Association. Editorial copy inquiries should be directed to Marta Gates, Editor. SEPTEMBER/OCTOBER 2014 The Year in Review ........................................................................................28 WMDA/CAR Officers and Board of Directors ..........................................30 WMDA/CAR Endorsed Member Benefits & Services Providers ..........32 1 NOZZLE & WRENCH EDITORIAL CAN YOU SURVIVE YOUR GOVERNMENT? by Roy Littlefield TIA Executive Vice President “We have met the enemy and it is us.” While government is intended to protect you and your business, do you sometimes wonder how much easier everything would be if you were not under siege with new laws and burdensome regulations? Because of the importance of this issue, Murf’s Turf has now been moved to Saturday morning this year to give more attendees an opportunity to participate in this lively exchange. • Congress delayed until next year any decisions on how to fund the new transportation bill. What new sources of revenue are being considered and what impact will it have on my bottom line? What should we do? What can we do? • Will we see more OSHA and MOSH inspections as agencies look to raise money in a time of government budget cuts? • For the past two years we have participated in hearings on tire aging. Wouldn’t a periodic motor vehicle safety inspection program be a better way to address the issue? Comptroller and “2014 Small Business Advocate of the Year” Peter Franchot • How do I comply with Obamacare when I can’t get the same answer from any two “experts” on any aspect of the law? • What is voluntary tire registration and what do I have COASTAL TRASH SOLUTIONS 6881 Archibold Drive Glen Burnie, MD 21060 Contact: Ian Djuric Phone: (410) 490-3769 Email: [email protected] 2 • If I am using the LIFO accounting system for tax purposes, what impact will it have on my tax bill if it is repealed? • Who is pushing the proposal to require you to pay time and a half for work over 40 hours to all managers and assistant managers who are on salary? Comptroller and “2014 Small Business Advocate of the Year” Peter Franchot, will join Kirk McCauley and me in a question and answer session moderated by the “younger and better looking” Roy Littlefield. The panel will respond to your questions, such as: • As more and more members purchase these facilities, why is it a top small business legislative priority to repeal the estate tax? to do to avoid a potential fine of $10,000 per tire I sell because I am not obeying a law I don’t know anything about? What a mess we have in the halls of government on the city, state, and federal levels. It is a personal embarrassment to admit that we are part of the process. The voting booths across America in November 2014 will hold the answer to the question “who are the winners and losers” in the on-going budget debate. Until then, we still have to muddle along and speak out for the good of the industry. This brings me to a serious personal concern – that of government regulation. At times it appears that whenever lawmakers want to get their names in the media, they propose some new restriction or tax on our industry. Proposals impacting on our industry do get the headlines because they affect virtually every citizen in the nation. A qualitative shift in the nature of U.S. government involvement over the past three decades has given a new coherence to the business circle most actively opposed to it. Industry-specific regulation has usually developed with some degree of industry cooperation, while general SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH regulation has been far more adversarial in origin and implementation. At the forefront of these new overarching regulations are the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the Environmental Protection Agency (EPA), and their ever-growing state counterparts. Our lawmakers seem to forget at times that the primary aim of all government regulation of the economic life of the community should be not to supplant the system of private enterprise, but to help make it work. Too frequently they turn their back on the advice that President Kennedy offered, and that was… ”I do not believe that Washington should do for the people what they can do for themselves through local and private efforts.” We must do a better job individually and collectively of telling our legislators to allow the system to work. We are experiencing a world-wide desire of people for freedom and for the free enterprise system. Our form of government has been the dream of millions of people throughout the world and yet our government at times seems bent on choking off our very lifeblood… and that is the free enterprise system. Government at all levels – local, state, and federal – must do everything possible to promote America’s ability to compete. Our elected representatives must make the connection between the cost of legislation they are considering and its effect on our efforts to improve America’s competitive position. Every action that they take should be put to a litmus test, and that is: “Will it help or will it hinder our ability to compete as a nation?” We are out of time and we are out of patience with those officials who have not given the small business community the support it needs for the business community in turn to provide the jobs, the income, the tax revenues, and the opportunities that our nation needs so badly. We will try to take these challenges on during Murf’s Turf on September 27 in Ocean City, in conjunction with WMDA’s Convention and Mega Trade Show. Murf’s Turf has been moved to 10:00 a.m. on Saturday and will be held in the Clarion Ballroom, immediately following the Awards Breakfast. There is no fee for this session, and you do not have to attend the Awards Breakfast to attend Murf’s Turf. ◆ Most small business operators are frustrated with government involvement in their businesses. To a small businessman, it seems that whenever a bureaucrat gets involved in some aspect of his or her business, the problem becomes more complicated and the solution simply unattainable. When we recently went to EPA to discuss their proposed lead weight ban, I was in an elevator with an EPA official. He told me that he was going to the 8th floor. But instead of pushing the “8” button, he pushed the “5” and then the “3.” How typical! Government regulation in Washington has required us to become safety and environmental specialists, in fact almost chemists, with an alphabet soup of potpourri of acronyms like TREAD, TPMS, EWS, EPA, OTAG, LEV, NOX, VOX, organic chemicals, oxygenates, MTB, ETB, ethanol, CNG, NPL, M85, E85, RVP, OPRG, SIRA, NAAQS, RCRA and, of course, one of my favorites – LUST. Definitely tongue twisters but all part of a new fabric of doing business in a changing environment. The simultaneous rise of government intervention and the fall of company profits suggest the immediate genesis of a rising corporate activism. Greater overall planning, as a result, must be assumed more by business and less by government. SEPTEMBER/OCTOBER 2014 3 NOZZLE & WRENCH O N T H E L E G I S L AT I V E F R O N T PROTECTING YOUR BUSINESS by Roy Littlefield, IV WMDA Legislative Intern WHAT CAN I DO TO PROTECT MY BUSINESS? FIND OUT AT THE INDUSTRY ISSUES FORUM! If you are a business owner, the Industry Issues Forum is a must attend event this year in Ocean City! With an everchanging industry, there are more questions now than ever before on what the future holds for your business. is essential that we ramp up our legislative efforts this year and unite as an industry against practices and laws that the government is trying to harmfully impose on your small business. This year, the forum has been expanded and opened up to the general membership to provide a more compressive overview of the issues affecting us on the state and federal level. The forum will take place Friday, September 26 at the Ocean City Convention Center beginning at 12:30 p.m. This year we put a particular emphasis on our legislative efforts as we encourage owners to hear from a variety of industry leaders and representatives on issues that will affect your business on both a state and federal level. With so many hot button issues on the floor for debate, it 4 The Industry Issues Forum gives dealers and repair shop owners the opportunity to see what issues affect them on SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH Take the advantage of this rare opportunity to hear directly from industry leaders on a variety of issues that directly affect you and your business. the state level such as storm water management, gas taxes, sick leave, tire aging, Stage II, minimum wage, transportation funding, and sales tax on service, safety inspections, and decentralized VEP, to name a few. In addition, the forum addresses federal issues such as the estate tax, right to repair, highway funding, healthcare, fair labor standards issues, overtime, OSHA regulations and proposals, voluntary tire registration, Keystone XL pipeline, LIFO repeal, and more. We will ask: How do these issues affect my business? What can I do to protect my business? What options do we have in the next session? How have other states combatted these issues? Both service station dealers and repair shops owners should be concerned with the legislative climate. Speakers at the forum include lawyers, representatives SEPTEMBER/OCTOBER 2014 from weights and measure, air management personnel, representatives from the Comptroller’s office, API, AAA, distributors, and others from around the country. We must come together as an industry to speak in one powerful voice. Be sure that your business is represented at the Industry Issues Forum. The issues covered will be important for both service station dealers and repair shops owners in the interest of their businesses. Take the advantage of this rare opportunity to hear directly from industry leaders on a variety of issues that directly affect you and your business. And don’t forget that following the legislative forum there will be an educational session on periodic and electronic inspections which will be conducted by industry leaders and the Maryland State Police. Repair shop owners and owners of stations with bays are encouraged to attend. ◆ 5 NOZZLE & WRENCH KIRK’S KORNER A LOOK AT THE CONVENTION HIGHLIGHTS by Kirk McCauley Director of Member Relations & Government Affairs I want to talk about some of the highlights of this year’s annual Convention and Mega Trade Show in Ocean City. On Thursday, September 25, we start the day with the Fall Golf Tournament at the pristine Rum Pointe Seaside Golf Links. Shotgun start at 9:00 a.m. If you golf, this is the place you want to be! Thursday night we own Seacrets, one of the top night clubs on the East Coast from 7:00 - 10:00 p.m. Get your tickets and come join us for food, drink, music and fun! The Industry Issues Forum is a “must stop” on Friday, September 26, from 12:30 - 3:00 p.m. at the Ocean City Convention Center. Participants include: • MDE - Chris Ralston • MD Department of Agriculture, Weights and Measures - Ken Ramsburg • Comptroller’s Office, Enforcement Division - Chuck Ulm • National Expert on Environmental Issues (dealing with under ground storage tanks and piping) - Ad Hoc Committee Chairman Tom Schruben • Attorneys Harry Storm, Peter Gunst and James Parson • Executive Director Roy Littlefield • SSDA-AT Board Director Billy Hillmuth • WMDA/CAR President Rick Agoris • SSDA-AT Board Members: Ralph Bombardiere from NYASSRS, Carla Obalde SSDGNY, Nancy Maricondi PRARA, and Pat LaVecchia AFPD • Eric Dana of DANA Insurance and Risk Management • WMDA/CAR Board Members Mel Sherbert and Bob Weber • Ellen Valentino of MAPDA • Drew Cobb, Director Eastern Region, API • Lon Anderson of AAA Mid-Atlantic There is a wealth of knowledge and expertise in this seminar, and well worth your time to come and soak some of it in for FREE! The Mega Show opens at 4:00 p.m. on Friday. The CAR Committee has put up their own money to hold a drawing on the Trade Show floor for a package of 3 iPads ($1,200 value). Make sure you are there with your postcard entry you should have received in the mail. That could be your ticket to win! SEPTEMBER/OCTOBER 2014 For some of our Exxon/Mobil and Ocean Petroleum dealers, this year’s Convention & Mega Trade Show has a lot of opportunities to meet and become acquainted with the personnel from their new suppliers. Southside Oil will be represented, and some of their Exxon stations were in the Customer Service Contest for the first time in years. Dealers can meet the Southside folks in the Sunoco Hospitality Suite on Friday night from 8:30 - 10:30 p.m. in the host hotel, the Clarion Fontainebleau. Ocean Petroleum dealers that have not yet had the opportunity to meet all the people at PMG will have ample opportunity in the PMG Hospitality Suite. SMO/PEH, Repair Facilities, Carroll Branded Fuels, and Ewing Oil will also have Hospitality Suites. Friday night come to the Clarion and have plenty of fun, socialize with your suppliers, and meet people that you would not normally get a chance to meet. Hospitality suites are FREE! Saturday, September 27, kicks off with the Awards Breakfast starting at 7:30 a.m. at the Clarion Fontainebleau and we will have a special Keynote Speaker, Mr. Anant Patel of Exxon/Mobil. After the member awards are presented, we will welcome our next Keynote Speaker, Bob Aenchbacher of Castrol and then we will start the Harry T. Murphy Customer Service Contest. Murf’s Turf Town Hall Meeting - The Small Businessman’s Survival Guide, begins at 10:00 a.m. in the same room. Murf’s Turf will feature Comptroller Peter Franchot and Executive Director Roy Littlefield in a town hall style Questions and Answers session that should be very interesting. On to the Mega Show again which opens at 11:30 a.m. at the Convention Center, and a $5,000 drawing for attendees that are present and entered (drawing at 3:30 p.m.). Almost forgot, for good measure, $1,000 dollars in prizes will be given out every 15 minutes for the last hour of the show (2:30 - 3:30 p.m.) leading up to the big drawing at 3:30 p.m. (must be present to win). Plus we will still have all our normal drawings and prizes. See you at the Ocean! ◆ 7 NOZZLE & WRENCH 2014 WMDA CONVENTION & MEGA TRADE SHOW SCHEDULE AT A GLANCE SEPTEMBER 25-27, 2014 • OCEAN CITY CONVENTION CENTER • OCEAN CITY, MARYLAND Please Note! Educational Sessions, Mega Trade Show, and Hospitality Suites are open to all members at NO COST, if registered by September 23. THURSDAY, SEPTEMBER 25, 2014 8:30 a.m. – 3:30 p.m. 7:00 p.m. – 10:00 p.m. Golf Tournament – 9:00 a.m. Shotgun Start** Welcome Reception** Rum Pointe Golf Links Seacrets FRIDAY, SEPTEMBER 26, 2014 10:00 a.m. – 11:30 a.m. 10:00 a.m. – 11:30 a.m. 11:30 a.m. – 12:30 p.m. 12:00 noon – 6:00 p.m. 12:30 p.m. – 3:00 p.m. 3:00 p.m. – 4:00 p.m. 3:00 p.m. – 4:00 p.m. 4:00 p.m. – 7:30 p.m. 8:30 p.m. – 10:30 p.m. SSDA-AT Board of Directors Meeting O.C. Convention Center WMDA Board of Directors & General Membership Meeting O.C. Convention Center Grille on the Bay** O.C. Convention Center Spouse Activity – The Gem Mineral & Jewelry Show* O.C. Convention Center Industry Issues Forum O.C. Convention Center • Tire Aging Issue • MOSH Update • Stage II Update Inspection Educational Session – Maryland State Police: Electronic Inspections O.C. Convention Center C-Store Educational Session – Game On: Taking On Top Tier Competition O.C. Convention Center Mega Trade Show with Reception from 5:30 p.m. – 7:30 p.m. O.C. Convention Center Hospitality Suites Clarion Resort Fontainebleau Hotel SATURDAY, SEPTEMBER 27, 2014 7:45 a.m. – 10:00 a.m. 10:00 a.m. – 11:15 a.m. 10:00 a.m. – 6:00 p.m. 11:30 a.m. – 3:30 p.m. 2:30 p.m. – 3:30 p.m. Awards Breakfast and Harry T. Murphy Customer Service Contest Awards Presentation** Murf’s Turf Town Hall Meeting – The Small Businessman’s Survival Guide • Future of Automotive Repair • Estate Planning • Obamacare • Wage and Hours Spouse Activity – The Gem Mineral & Jewelry Show* Mega Trade Show Trade Show Finale featuring Grand Prize Drawings, Band and Reception Clarion Resort Fontainebleau Hotel Clarion Resort Fontainebleau Hotel O.C. Convention Center O.C. Convention Center O.C. Convention Center * The Gem Mineral & Jewelry Show – Complimentary tickets for the first 75 registrants (first come, first serve – registration required). ** Registration fee applies. Schedule subject to change. Register online at www.wmda.net. Free admission is restricted to owners and personnel of service stations and repair shops only. Requests submitted by suppliers not exhibiting in the Mega Show, regardless of membership status, will be assessed a fee of $200.00 per attendee for a one day trade show only pass; event tickets can be purchased ala carte. Soliciting on the trade show floor is prohibited and strictly enforced. Violators will be escorted out, by way of security, and registration fee will be forfeited. SEPTEMBER/OCTOBER 2014 9 NOZZLE & WRENCH 2014 WMDA CONVENTION & MEGA TRADE SHOW ACTIVITIES & EDUCATIONAL SEMINARS SEPTEMBER 25-27, 2014 • OCEAN CITY CONVENTION CENTER • OCEAN CITY, MARYLAND THURSDAY, SEPTEMBER 25 8:30 a.m. – 3:30 p.m. Golf Tournament at Rum Pointe Seaside Golf Links* Join us at Rum Pointe Seaside Golf Links for a day of fun in the sun. Scramble format, 9:00 a.m. shotgun start. Continental breakfast, lunch, drink tickets and goodie prizes are included. Club rental is available by request. Registration begins at 8:30 a.m. The cost is $165.00 per golfer. 7:00 p.m. – 10:00 p.m. Welcome Reception/Jamaican Beach Party at Seacrets* Experience Ocean City’s home of the true Jamaican Beach Party at Seacrets! DJ, heavy hors d’oeuvres, and open bar. Come dressed in your favorite beach attire. Tickets are available at $55.00 per person. FRIDAY, SEPTEMBER 26 10:00 a.m. – 11:30 a.m. SSDA-AT Board of Directors Meeting 10:00 a.m. – 11:30 a.m. WMDA Board of Directors & General Membership Meeting 11:30 a.m. – 12:30 p.m. Grille on the Bay Behind the Ocean City Convention Center* Take in the beautiful views of the Chesapeake Bay while enjoying a delicious three-course lunch served on the bayside terrace of the Convention Center. Tickets are available at $30.00 per person. 12:00 noon – 6:00 p.m. Spouse Activity – The Gem, Mineral and Jewelry Show Complimentary tickets for the first 75 registrants (first come, first serve – registration required). 12:30 p.m. – 3:00 p.m. Industry Issues Forum (Open to all) Speakers: Industry Panel 3:00 p.m. – 4:00 p.m. Inspection Educational Session Maryland State Police: Electronic Inspections Speakers: Captain Kris Nelson Maryland State Police Mr. Ian Hatcher NIC, Maryland With the new electronic inspection system being beta tested in various inspection stations, Captain Nelson and Mr. Hatcher will give a VSIS demonstration on the system, and will have a question and answer session on this new system. 3:00 p.m. – 4:00 p.m. C-Store Educational Session Game On: Taking On Top Tier Competition Speaker: Darleen (Dee) Nascimento Director of Brand Marketing for Dash In Get up to speed on market trends and strategic options you can implement to transform your store into a destination desired by your customers! We’ll cozy up with the competition to identify market “voids” and explore potential opportunities for improving sales performance. But the buck doesn’t stop there! We’ll make sure you leave armed with ‘nonnegotiables’ to maximize profitability and effectively compete with every square inch of your property. 4:00 p.m. – 7:30 p.m. Grand Opening of the Mega Show & Ribbon Cutting Ceremony 5:30 p.m. – 7:30 p.m. Reception on the Trade Show Floor 8:30 p.m. – 10:30 p.m. Hospitality Suites at Clarion Resort Fontainebleau Hotel Meet and network with suppliers and your industry peers in an informal, relaxed atmosphere. Hospitality Suite sponsors are: Carroll Motor Fuels; Ewing Oil Company, Inc.; Repair Facilities/CAR; PMG; SMO; and Sunoco and Exxon. If you are a business owner, the Industry Issues Forum is a must attend event this year in Ocean City! The forum gives dealers and repair shop owners the opportunity to see what issues affect them on the state level such as storm water management, gas taxes, sick leave, tire aging, Stage II, minimum wage, transportation funding, sales tax on service, safety inspections, and decentralized VEP, to name just a few. In addition the forum will address federal issues such as the estate tax, right to repair, highway funding, healthcare, fair labor standards issues, overtime, OSHA regulations and proposals, voluntary tire registration, Keystone XL pipeline, LIFO repeal, and more. Speakers at the forum include lawyers, representatives from weights and measure, air management personnel, representatives from the Comptroller’s office, API, AAA, distributors, and others from around the country. This is your opportunity to have your voice heard! We must come together as an industry to speak in one powerful voice. Be sure that your business is represented at the Industry Issues Forum. 10 All events take place at the Ocean City Convention Center unless otherwise specified. Program schedule subject to change. *Registartion fee applies. SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH SATURDAY, SEPTEMBER 27 7:45 a.m. – 10:00 a.m. WMDA Awards Breakfast* Harry T. Murphy Customer Service Contest Awards Presentation at Clarion Resort Fontainebleau Hotel Speakers: Anant V. Patel Crude Oil Trader, ExxonMobil Refining & Supply Bob Aenchbacher General manager, U.S. Installer Sales, Castrol 10:00 a.m. – 11:15 a.m. Murf’s Turf Town Hall Meeting (Open to all) at Clarion Resort Fontainebleau Hotel The Small Businessman’s Survival Guide Speakers: Peter Franchot Maryland State Comptroller Roy Littlefield WMDA/CAR Executive Director Kirk McCauley WMDA/CAR Director of Member Relations & Government Affairs This Year’s Murf’s Turf Town Hall Meeting Asks the Question: “Can You Survive Your Government?” Comptroller and “2014 Small Business Advocate of the Year” Peter Franchot will join Kirk McCauley and Roy Littlefield in a question and answer session moderated by the “younger and better looking” Roy Littlefield. The panel will respond to your questions, such as: • As more and more members purchase these facilities, why is it a top small business legislative priority to repeal the estate tax? • How do I comply with Obamacare when I can’t get the same answer from any two “experts” on any aspect of the law? • What is voluntary tire registration and what do I have to do to avoid a potential fine of $10,000 per tire I sell because I am not obeying a law I don’t know anything about? • If I am using the LIFO accounting system for tax purposes, what impact will it have on my tax bill if it is repealed? • Congress delayed until next any decisions on how to fund the new transportation bill. What new sources of revenue are being considered and what impact will it have on my bottom line? What should we do? What can we do? KEYNOTE SPEAKERS Anant Patel, Crude Oil Trader with ExxonMobil Refining & Supply, will be the featured Keynote Speaker at the Awards Breakfast. He has over 20 years of experience in the energy industry. He joined Exxon in 1990 in the Controller’s Department. In 1994, he moved to the Anant V. Patel Exploration department where he was the Budget Coordinator for Exxon’s worldwide exploration activities. He joined the Fuels Marketing Aviation business in 1998 and post the Exxon/Mobil merger he coordinated the consolidation of the Company’s global aviation credit card portfolio and the development of a new global aviation brand for the Exxon and Mobil combined aviation business. In 2005, he became the Global Aviation Planning Manager and led the business development activities for the General Aviation and Military business. He joined Global Marine Transportation Optimization in 2008, where he was responsible for marine planning activities surrounding the transportation of finished products, chemicals and lubricants businesses worldwide. In 2011, he became the U.S. Crude Oil Trader supplying the crude oil requirements for ExxonMobil’s US Gulf Coast refineries. Bob Aenchbacher, General Manager for U.S. Installer Sales with Castrol, will be the featured Keynote Speaker for the Harry T. Murphy Customer Service Contest. Bob will be speaking to us about “Winning in Service Repair and Industry Trends.” • Who is pushing the proposal to require you to pay time and a half for work over 40 hours to all managers and assistant managers who are on salary? • Will we see more OSHA and MOSH inspections as agencies look to raise money in a time of government budget cuts? • For the past two years we have participated in hearings on tire aging. Wouldn’t a periodic motor vehicle safety inspection program be a better way to address the issue? There is no admission charge for this session, and you do not have to attend the Awards Breakfast to attend Murf’s Turf. Bob has worked for Castrol for over 26 years. He started as a Territory Sales Manager in Birmingham, Alabama, and Dallas, Texas, and was promoted to National Account Sales Manager – all for the Installer business. Bob moved to Retail Sales as National Account Manager for Walmart, then to Sales Director U.S. and Sales Director for Walmart Global Business before becoming the General Manager for U.S. Installer Sales in 2011. Bob Aenchbacher 10:00 a.m. – 6:00 p.m. Spouse Activity – The Gem, Mineral and Jewelry Show Complimentary tickets for the first 75 registrants (first come, first serve – registration required). 11:30 a.m. – 3:30 p.m. Mega Trade Show 2:30 p.m. – 3:30 p.m. Mega Trade Show Finale Featuring Grand Prize Drawings, Band and Reception SEPTEMBER/OCTOBER 2014 11 NOZZLE & WRENCH 2014 WMDA CONVENTION & MEGA TRADE SHOW EXHIBITOR PREVIEW “SHOW SPECIALS” SEPTEMBER 25-27, 2014 • OCEAN CITY CONVENTION CENTER • OCEAN CITY, MARYLAND ADVANTAGE ENVIRONMENTAL with a Clean Fuels Associate to come to their site and CONSULTANTS, LLC conduct a free fuel test. This includes a visual Stop by Booth 605 to enter to win a $100.00 Home examination of the fuel pulled out of as many tanks as Depot Gift Card. are on site per the client request. At which time an additional lab test can be done (optional) on the samples BENJAMIN F. BROWN INSURANCE AGENCY, INC. to identify the action plan to certify the tanks as clean Stop by Booths 101-103 to discuss getting a competitive and compliant. No obligation to purchase services from quote on your insurance coverage, including package CFA at time of fuel sample testing. Clean Fuels field policy, umbrella, and workers’ compensation. Bring your operators can usually identify an action plan simply from policies if you like. the fuel samples taken that day. This offer will be good through November 30, 2014. Not good with any other CARROLL MOTOR FUELS offers or specials. Visit us at Booth 603. Founded over 100 years ago, Carroll supplies branded and unbranded fuels to the entire Mid Atlantic Region. EASTERN SHORE COFFEE AND WATER We are extremely sensitive to our customers’ needs in Eastern Shore Coffee and Water is proud to make their this ever changing fuels business. You can count on debut at the WMDA Mega Trade Show. Visit us at Carroll for great service and a great price, but we value Booth 615 for information on some “Seriously Good our relationships above all. Stop by our Booths 620 & Coffee” and how we can help you maximize the profit 720 and find out about our exciting new acquisition of potential of your hot beverage program. the High’s Dairy Stores. ECO HEATING SYSTEMS, INC. CENTURY DISTRIBUTORS, INC. TIRED OF HIGH HEATING BILLS? BETTER GET A Come see and taste how the Folger Cafitess next CLEAN BURN! Find the latest in Clean Burn Waste Oil generation coffee system works. Consistent quality, less Furnaces and Boilers in Booth 308. We are offering a labor and zero waste. We will also be featuring the new special discount of $500 off any new furnace. Eco Vaping program from NJOY. Come visit the sales team Heating Systems is your Clean Burn Distributor with 25 from Century Distributors. Check out our Booths 404, years experience in installing and servicing Clean Burn 405 & 505! Lots of other new and exciting items and products. programs will be featured. ENVIRONMENTAL ALLIANCE, INC. CHESAPEAKE AUTOMOTIVE EQUIPMENT Welcome back to Ocean City! Your friends at Alliance Stop by Booth 406 to receive special financing on all are here to help with your environmental consulting and purchases of $5,000.00 and above. field service needs. We offer cost effective and quality driven solutions to support your site environmental CLEAN FUELS ASSOCIATES issues including: UST/AST Investigation and Closure, Clean Fuels Associates is proud to offer WMDA Remediation, Property Transfer Due Diligence, Risk attendees: 10% Discount off all work with scheduling a Management Consulting, Insurance Claim Support, and free fuel test. Clients can sign up for an appointment Compliance Consulting Support. Visit us at Booth 313! 12 SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH FIRST MERCHANT SERVICES R.O. WRITER Stop by Booth 104 to receive a “Free, No Obligation, Come see RO Touch! Access RO Writer from your No Pressure Rate and Fee Review” in addition to a “Free iPhone, iPad or Android phone or tablet. Write tickets EMV (“Chip Card”) Terminal” for any WMDA Member at the vehicle, Techs can perform inspections without that signs up for our service. running back to the computer, and see how your shop is doing today from ANYWHERE! ROWriter is one of the KOOLER ICE BEST investments you will ever make in your shop. One $1,000 off to show attendees if order is placed within very lucky shop owner will save 50% on the purchase of 30 days. Stop by Booth 420. their ROWriter PRO system! Stop by our Booth 208 and drop your card into the drawing bowl. Win 50% MITCHELL 1 savings on the base ROWriter PRO system, Smart Ecat, $50 off 1st month payment for new orders and/or Marketing, Inventory, A/R and A/P. Yes, we can convert existing customer upgrades on orders placed by your history. Visit www.amsrowriter.com for more 10/4/14. Visit us at Booth 216. information. See you at the show! NET DRIVEN SPIGLER PETROLEUM EQUIPMENT, LLC Exclusively endorsed by TIA, Net Driven is the most Visit Spigler Petroleum Equipment’s Booths 408 & 508 trusted provider of websites and digital marketing and ask about upgrading your station with Bilbarco solutions for the automotive industry in North America. Veeder-Root equipment or let us show you how we can Stop in today to learn how your website could deliver an save you money on your monthly maintenance costs. ROI and give you a competitive advantage against the competition. Visit Booth 602 to sign up for a demo and register to win an Apple iPad mini. PARTS AUTHORITY Be sure to stop by the Parts Authority booth at Demo Area 2 for a chance to win cash and prizes, and also to learn about the great money saving deals we have to offer. Let us know how we can help you!!! The answer is YES!!! PPC LUBRICANTS/CASTROL For trade show attendees only! PPC Lubricants is putting their money where their mouth is! That’s right – PPC Lubricants will pay for a 3-month CAR Membership so that you can experience the savings of the Oil Program firsthand! What do you have to lose? Stop by Booth 108 and see Gene Nace at the Mega Trade Show and find out how you can get on board the money train! SEPTEMBER/OCTOBER 2014 A replica of the #15 PEAK Antifreeze/ Blue DEF Toyota Camry driven by Clint Bowyer on the NASCAR Sprint Cup Series, will be on display in Island #3 at the Mega Show! 13 NOZZLE & WRENCH 2014 WMDA CONVENTION & MEGA TRADE SHOW CONVENTION SPONSORS SEPTEMBER 25-27, 2014 • OCEAN CITY CONVENTION CENTER • OCEAN CITY, MARYLAND PLATINUM SPONSOR CORPORATE SPONSORS SEMINAR SPONSORS Awards Breakfast PMG Harry T. Murphy Customer Service Contest PPC Lubricants/Castrol Coffee Break – Friday Intelicom, Inc. Game On: Taking On Top Tier Competition Dash-In GOLD SPONSORS Welcome Reception at Seacrets Ewing Oil Company Grille on the Bay Benjamin F. Brown Insurance Agency, Inc. L.S. Fuel Utica National Insurance Group Trade Show Finale Celebration Benjamin F. Brown Insurance Agency Parts Authority PMG Star Insurance Coffee Break – Saturday Intelicom, Inc. Lanyard Sponsor Sunoco, Inc. Bag Sponsor Clean Fuels Associates, Inc. Water Bottle Sponsor Spigler Petroleum Equipment, LLC T-Shirt Sponsor Benjamin F. Brown Insurance Agency Star Insurance Registration Desk Sponsor Carroll Motor Fuels REPAIR SUITE SPONSORS SILVER SPONSORS Legislative Workgroup Peter Gunst of Astrachan, Gunst & Thomas, P.C. DANA Insurance & Risk Management Convention Program Carroll Motor Fuels BRONZE SPONSORS WMDA Board of Directors Meeting Hess Corporation/Marathon Platinum Sponsors Automotive Training Institute (ATI) PPC Lubricants/Castrol Gold Sponsor Benjamin F. Brown Insurance Agency, Inc. Crovato BG Products MTD Services, Inc. Star Insurance Silver Sponsors American Tire Distributors (ATD) Brandywine Automotive Centers First Merchant Services Net Driven Maryland State Police – Electronic Inspections L.S. Fuel MEGA TRADE SHOW SPONSORS Benjamin F. Brown Insurance Agency, Inc. Carroll Motor Fuels Citgo Petroleum Corporation Ewing Oil Company Hess Corporation/Marathon L.S. Fuel Meadowbrook Insurance Company Parts Authority Peter Gunst of Astrachan, Gunst & Thomas, P.C. PMG PPC Lubricants/Castrol Spigler Petroleum Equipment, LLC Sunoco, Inc. Utica National Insurance Group Convention Sponsors as of September 5, 2014 WMDA General Membership Meeting Hess Corporation SSDA-AT Board of Directors Meeting Citgo Petroleum Corporation Murf’s Turf Town Hall Meeting PPC Lubricants/Castrol Friday Trade Show Reception Citgo Petroleum Corporation 14 SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH 2014 WMDA CONVENTION & MEGA TRADE SHOW GOLF AT THE BEACH SPONSORS SEPTEMBER 25-27, 2014 • OCEAN CITY CONVENTION CENTER • OCEAN CITY, MARYLAND Platinum Tournament Sponsor PPC Lubricants/Castrol Snack Box Sponsor Shades Under the Sun Gold Tournament Sponsor Harry Storm of Lerch, Early & Brewer, Chartered Trophy Sponsor Hess Corporation/Marathon “Goodie” Sponsors Benjamin F. Brown Insurance Agency, Inc. Utica National Insurance Group Lunch Sponsor L.S. Fuel Beverage Cart Sponsor Metromedia Energy Golf Program Sponsor PMG SEPTEMBER/OCTOBER 2014 Longest Drive Sponsor Carroll Motor Fuels Closest to the Pin Sponsor Carroll Motor Fuels Hole Sponsors Benjamin F. Brown Insurance Agency, Inc. Carroll Motor Fuels Century Distributors, Inc. Environmental Alliance Ewing Oil Company Harleysville Insurance Company Hole Sponsors (continued) Intelicom, Inc. Jim Parsons of Lynott, Lynott, and Parsons, P.A. Maryland Pump & Tank Meadowbrook Insurance Company MTD Services, Inc. NSR Petro Services Peter Gunst of Astrachan, Gunst & Thomas, P.C. PMG PPC Lubricants/Castrol Spigler Petroleum Equipment, LLC Sunoco, Inc. Utica National Insurance Group Golf at the Beach Sponsors as of September 5, 2014 15 NOZZLE & WRENCH 16 SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH MEGA SHOW EXHIBITORS (as of September 5, 2014) Advantage Environmental Consultants, LLC AHT Automotive Equipment Air & Vac Air-Serv/Air Valet Alfa-Tronics/Tank One American Tire Distributors Automotive Training Institute (ATI) B&B Financial Services, LLC Benjamin F. Brown Insurance Agency, Inc. Carroll Motor Fuels Century Distributors, Inc. Chesapeake Automotive Equipment Clean Fuels Associates, Inc. Coastal Trash Columbia Services Crompco. LLC Crown Dash In - Splash In - SMO - PEH Eastern Shore Coffee Eco Heating Systems, Inc. Environmental Alliance, Inc. Ewing Oil Company, Inc. First Merchant Services Hunter Engineering Company Intelicom, Inc. Jones & Frank Kooler Ice Maryland Pump & Tank Maryland State Police Automotive Safety Enforcement Division Meadowbrook Insurance Group Metromedia Energy, Inc. Mitchell 1 MTD Services, Inc./Alger Electric NAPA Auto Parts National Pronto Association Net Driven Parts Authority Patriot Capital Corporation PMG/E&C Enterprises, Inc. PPC Lubricants/Castrol R.O. Writer Shades Under the Sun Spigler Petroleum Equipment, LLC The George J. Falter Company, Inc. Tire Industry Association Utica National Insurance Group Waymon Lynch Insurance Agency WMDA/CAR Member Services Your App, LLC SEPTEMBER/OCTOBER 2014 17 NOZZLE & WRENCH AS I SEE IT WHY NOT GO TO OCEAN CITY? by Marta Gates-Jones Director of Operations Okay, let’s get to the nuts and bolts about the Convention and Mega Trade Show in Ocean City. The reasons I hear for NOT going to the Convention. You don’t want to go ALL the way over to Ocean City just for a Convention. Nope, no sir. Too much trouble. Not worth the long drive down Route 50 in the OFF-SEASON when there is LITTLE to NO TRAFFIC. You might get a speeding ticket with all that space on the road. You don’t want to spend the money for a hotel room. Nope, those OFF-SEASON room rates are too high, and the SPECIAL DEALS at the host hotel, the Clarion Fontainebleau, don’t faze you. Even if your wife hasn’t been on a vacation in YEARS, and you could just walk downstairs to the Hospitality Suites on Friday night in the hotel, dance and have a great time with fellow dealers and shop owners. You don’t know if the wife would ENJOY a moonlight stroll on the beach at the Clarion either. I am needed at my business. Yes sir, staying there for two days will benefit your business more than taking a seminar that will teach you how to make a PROFIT in your C-Store, or use the new electronic inspection program to make a PROFIT at your repair shop. Nope, you wouldn’t learn anything about PROTECTING your business from the government at Murf’s Turf/Small Businessman’s Survival Guide with Comptroller Peter Franchot, or SAVE alot of money on the deals you can make on the Trade Show floor. You wouldn’t BENEFIT from learning the latest issues facing others in our industry right from people at MDE, Weights and Measures, and other states who have faced issues we will be facing. And don’t forget that piece of equipment you might order while you are sitting in your business that you could have SAVED thousands on at the Trade Show. No need to try to WIN a set of 3 iPads on Friday or $5,000 CASH on Saturday. There’s nothing for my wife and kids to do. No, the wife wouldn’t like to have FUN at Seacrets on Thursday night at the Welcome Reception, or the Hospitality Suites on Friday night, or attend the Gem, 18 Mineral & Jewelry Show right next door to the Mega Show. She only WORKS at the station/shop so she wouldn’t enjoy the Trade Show, or the seminars, or talking to other wives who just WORK with their husbands at the FAMILY business. I don’t want to spend any money right now, not just on the hotel. Fine. The seminars are FREE, Murf’s Turf Town Hall Meeting is FREE. There are FREE Trade Show passes (just pre-register, or yes, they are $5.00 at the door because staff has to make up badges so you can enter the Trade Show). The Hospitality Suites on Friday night are FREE. The General Membership Meeting where members decide on the issues WMDA will push for in the next legislative session is FREE. The Industry Issues Forum is FREE. The only events that have a fee are the food functions, and come on, you have to EAT anyway. It’s $55.00 for the Welcome Reception where we have a DJ, open bar, lots of great food, and door prizes. Tell me you don’t spend that much when you go out! The Awards breakfast is $25.00, for a buffet that includes scrambled eggs, fresh fruit, bacon, sausage, and more. You also get to hear the Keynote Speakers, Anant Patel from Exxon/Mobil and Bob Aenchbacher of Castrol, and watch the Harry T. Murphy Customer Service Contest awards being handed out. Find out who becomes the next WMDA Member of the Year, or who has been voted into the Hall of Fame. Hey, I think it’s WORTH it. Stop making excuses! My family loves the Convention and Mega Trade Show, and yes, my family and I believe it is worth the money for the tickets to Seacrets, Grille on the Bay, and the Awards Breakfast. We make a vacation out of it. There is so much to do, so much to see, and the greatest bunch of people I have ever met, all in Ocean City. So call the Clarion (or another hotel, if you prefer) and make your reservations. Fill out that registration form, or call me and I will take your registration over the phone. Sign your techs or managers up for seminars. Grab the kids, your spouse, and the schedule of events, and come on down to the Ocean. No excuses! ◆ SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH FRANKLY SPEAKING UNSUNG HEROES by Frank Eberle WMDA/CAR PAC Committee Chairman You know who “they” are. You sometimes refer to them as “THEY” or “Those Guys.” You may have said, “They don’t get it, they don’t realize how many hours I put in per week. If they only knew my workload they wouldn’t pester me with “Join This.” They don’t realize just how tight my budget is! A hundred dollars for a “PAC” ticket when the prize is only a GRAND and they have probably sold thousands of tickets; well that’s pretty bad odds if you ask me. Oh, and you want me to pay dues on top of that; for what, are you crazy? OK, now it’s my turn, Bud, have a seat. That person talking to you about buying a PAC ticket or becoming a member of the WMDA/CAR Association (FAMILY) most likely is a volunteer or an underpaid but dedicated and overworked employee. And get this, he or she isn’t investing their time to bother you but could possibly be your “UNSUNG HERO” as their message has little to do with the money part as much as how much they are offering you a way to help the industry that you are engaged in; a way to help you step out of the “ME” part of your business with the message: That by sharing you are actually helping yourself. An Association whose members are your counterparts, working just as you do, just as hard and just as long as you, to help you, you and all those other small businesses throughout the reach of this message. To set the record straight, when you purchase a PAC ticket it isn’t about the money you could win as much as it gives you a chance to finally be able to say, “Hey, I Helped Too.” Should the spirit of helping feel good to you, go ahead and fill out the membership application. Once a member, and once you participate with your new friends and family of like-business professionals, a funny thing will happen; you’ll be glancing in the mirror and suddenly your name tag will read “THEY.” Welcome aboard; now about selling 10 PAC tickets… The PAC Man – If you have any questions about the WMDA/CAR PAC, please contact Chairman Frank Eberle ◆ at [email protected]. WMDA/CAR PAC SUPPORT YOUR POLITICAL ACTION COMMITTEE! The WMDA PAC is your voice in state and federal government – make sure your voice is heard! For more information, please contact: Frank Eberle, PAC Chairman e-mail: [email protected] phone: 301-390-0900 SEPTEMBER/OCTOBER 2014 19 WMDA/CAR AND SIX FLAGS AMERICA TEAM UP FOR THE 2014 FALL SEASON NOZZLE & WRENCH C A R TA L K FREELOADERS by Ken Quasney CAR Committee Chairman We often think of freeloaders as people who want may. Oh, I would complain for sure. I would even complain something for nothing. After 17 years of owning my about WMDA/CAR. I cannot believe how disappointed I business, I never thought of myself as a freeloader. I felt in myself. So, what to do? I started asking how I could worked 60 hours a week to keep my family in a lifestyle we help. That was 2006. Billy Hillmuth (then president of were comfortable with. I paid my own way. I started WMDA/CAR) ask me to consider joining the Board of worrying about the way things would be for my children as Directors. I graciously agreed. I still didn’t know how deep they got older. I soon realized, maybe it was time for me to this association went and how involved it was. I am still get involved in some way. Where to start was my dilemma. learning today. I figured I would need some knowledge in whatever I One thing is for sure, the independent auto repair and decided to do. I can fix almost anything, and I know a little service station industry would not be the same in about most things, however I am at my best when it comes Maryland, or in this country, if it weren’t for WMDA/CAR. to the automotive business. More to the point - fixing cars. That you can be assured of. We/I owe the forefathers of WMDA/CAR a great big THANK YOU! When I first starting in business, I soon realized I had a partner. And not one I planned on having. Yep, it was I have been in business for 25 years now. As my years Uncle Sam. Local, state and national. progress, it’s pretty simple. If you want to take care of what you have or build on it, you must protect it. IT’S THAT Boy, was I naive. We had been a member of WMDA/CAR SIMPLE. for years, (I think I joined in 1991) but never really got involved. My thinking was it was pretty much a bunch of Will you depend on others to do it for you? Only you can busy-bodies with nothing much to do but stick their nose answer that. Are you a complainer or a doer? I’ll bet most where it didn’t belong. I went to meetings. Most of the of you, like the old me, think you’re a doer. Ask yourself the time it was just to get out of the shop for a while. question. I promise you one thing – if you/we don’t stay Somewhere along the line I started listening to what was involved, we will be mowed over and forgotten about. You being discussed. I was intrigued to say the least. It didn’t will be a distant memory of things that have passed. take long to figure out that government can be pretty People will call it evolutionary and never get a taste of the intrusive, especially in business. There was a time my personal service you have given your neighborhood over thinking was pretty much like most citizens. My vote or the years. Your children or future generations will never get involvement didn’t mean much. I was sadly mistaken. I a chance to even dream of having their own business. Box have witnessed involvement in action. It works! stores with “by the number” services that fit their needs, instead of the service our clients have enjoyed by a small Then it hit me. I WAS A FREELOADER. I was resting on the family-owned business for years, will be the norm. backs of those who were involved. After learning how the process worked in government, I became ashamed. I was YOU DECIDE… COMPLAINER OR DOER? IT’S YOUR simply sitting back and letting the chips fall where they CHOICE. SEPTEMBER/OCTOBER 2014 ◆ 21 NOZZLE & WRENCH C A R TA L K SATISFYING THE CUSTOMER by Stephen Powell Thoroughbred Transmissions and Auto Care, Inc. Well let me start by saying I was very angry when I sat down to write this article. Or perhaps disappointed would be a better choice of words. The cause of this began about nine days prior. We had a customer vehicle towed in with some extensive undercar damage done from contact with a curb. The customer had chosen to pay out of pocket as his teenage son was the cause of the damage (his rates would see a huge increase) so no insurance. Being a father, I fully understood and we were doing whatever we could to keep costs down. We had contacted a big name supplier of salvage parts for the replacement rear axle housing. Herein lies the story. Over the course of 5+ working days, we were sent the wrong part after 3 days of waiting, then told they had the right part and it would be there the next day… NOT! The BENEFITS OF MEMBERSHIP (WMDA/CAR Endorsed Programs) WMDA/CAR’s endorsed programs are designed to improve your profitability and decrease your costs. • ATM Services • Auto Parts Supplies • Castrol Buying Program • Convenience Store Products • Credit Card Processing • Credit Union • Electricity Discount Program • Insurance Programs • Legal Services • Legislative & Regulatory Support • Mobile Diagnostic Service • Tire Program • Trash Removal Program • Uniform Program • Used Oil Pick-up (See the complete list of Endorsed Member Benefits Service Providers on page 32.) SEPTEMBER/OCTOBER 2014 following Monday, our service writer calls to confirm the pending delivery and was assured it’s on the way. Throughout the day he or I called asking where and when, and still it was promised to be there shortly. Tuesday, I start my day with a phone call and I get a machine. I leave a message with a full explanation and insist on a reply when they arrive. You already know – they didn’t reply. At 8.30 a.m. I call again, am immediately thrown on hold for 10 minutes! Finally I get “FRED,” and he says the screen shows it was delivered! We go back and forth on this. I politely discuss that I’m sure it is not his fault, but as a paying customer to complete the transaction, I must be able to receive and pay for the part! I go on to say please research the problem and call me. He promises to do that. I wait 45 minutes, nothing, so I call again! He says “Can I help you?” I explain to FRED who I am and say: “I thought you were gonna call me?” He says, “they haven’t told me if they can get it there or not.” We are 20 miles from them. “Last chance – call me back in 10 minutes with a yes or no… you will call within10 minutes?” “Yes,” he says. 25 minutes later I call back and cancel the order – now he wants to help, He is gonna get a Manager, etc. NOPE, too late. Now I know none of our member shops would ever treat a customer this way, and would bend over backwards to solve any problem! We all know the value of a customer. Our CAR Committee also knows this. We meet with every potential supplier (Endorsed Vendor) with specific criteria we require of them for our members. We stay on top of this and are always seeking new vendors that will benefit all of our members. So when you need something, a way to save on your costs, a new source for something, savings on almost anything – they can be found through the Endorsed Suppliers listed in this newsletter on page 32. They won’t leave you hanging! ◆ 23 NOZZLE & WRENCH GENERAL COUNSEL CORNER THE FRANCHISE INDUSTRY RECEIVES A JOLT by Peter H. Gunst, Esquire SSDA Legal Counsel On July 29, 2014, the Office of the General Counsel for the National Labor Relations Board gave the franchise industry a real jolt. The General Counsel’s brief press release stated that it had instructed regional directors to pursue complaints of unfair labor practices against not only McDonald’s franchisees, who were the direct employers involved, but also against their franchisor, McDonald’s USA. The General Counsel stated that McDonald’s USA should be viewed as a “joint employer” bearing responsibility in at least forty-three cases in which complaints had been authorized against franchisees. Traditionally, the law has treated franchisors and franchisees as independent entities, both in the context of employment law and otherwise. Beyond question, franchisors and franchisees are separate legal entities, each responsible for managing separate businesses. Many franchisors have blurred the line, however, by micromanaging various aspects of their franchisees’ businesses in order to protect their brand image. The theory behind the General Counsel’s directive was that McDonald’s had so involved itself in its franchisees’ employment practices that it should be deemed to be a “joint employer,” with potential liability for its franchisees’ labor law violations. The General Counsel’s directive immediately set off a firestorm, eliciting fiery rhetoric not only from franchisors but from franchisee groups as well. Criticizing the directive, a spokesperson for the International Franchise Association complained that “the livelihoods of hundreds of thousands of independent franchise small businesses are now at risk due to the radical and unprecedented nature of this decision.” That spokesperson predicted that adoption of a “joint employers” standard would diminish the ability of franchisees to make employment decisions, and as a result “the value of [their] businesses” would be deflated.” The triumphant press releases issued by some supporters of the General Counsel’s directive reveal why opponents of the directive are so concerned by its potential impact. One pro-labor commentator pointed to the potential SEPTEMBER/OCTOBER 2014 impact for union organization. He wrote: Until now, employees at each franchise were limited to organizing only the workers at the franchise. This made the long, hard and expensive process of forming a union nearly impossible because it would have to be repeated for each individual franchise. Now unions have a single target in the parent McDonald’s corporation and can launch a unified organizing campaign. In addition, that commentator said that adoption of a “joint employer” rule would make it easier to file national classaction lawsuits to attack employment law violations. The commentator also emphasized that adoption of a “joint employer” standard should extend beyond the fast food industry, and gave as examples of franchisors at risk Dunkin Donuts, 7-Eleven stores and H&R Block tax preparers. So how might this affect franchisees in the service station industry? To begin with, all the fuss may be premature. The General Counsel’s directive to its regional offices is merely that. It does not have the force of law, and the proposed standard has not been adopted by the NLRB itself, much less by the courts. The General Counsel has merely thrown down the gauntlet on the issue. Further, this issue might have had considerably more relevance to the petroleum industry fifteen years ago, before the majors mostly removed themselves from direct supply. Then there were detailed operating requirements and regular station examinations and evaluations, making franchisors like Exxon and Shell tempting union organization and class-action targets. The jobbers who have largely replaced refiners as franchisors are less likely to be impacted. Because of their relatively small size they are less likely to be tempting unionization and class-action targets. Moreover, with some very notable exceptions, jobbers are often not as involved in micromanaging as were their predecessors, and thus less likely to be branded as “joint employers. In any event it will be interesting to see where, if anywhere, all of this leads. ◆ 25 First Merchant Services “Improving Your Bottom Line” First Merchant Services (FMS) is the Endorsed Vendor for Credit Card Processing/Merchant Services for WMDA Members. FMS, in conjunction with the WMDA, has put together an INTERCHANGE BASED rate structure for WMDA members that will give WMDA members extremely low rates. INTERCHANGE BASED pricing is how the nation’s largest retailers are charged. All the previous Endorsed Credit Card/Merchant Service vendors had offered “Tiered” Rates and Fees (usually 3, 4, or 5 Tiers). We are offering all WMDA members a “NO COST/NO OBLIGATION ANALYSIS” to see how much FMS can save your business. In addition to saving WMDA members money, there are many other reasons why you should consider allowing FMS to handle your Electronic Commerce needs including: • FMS is a registered ISO/MSP of First Data (FD), the world’s largest credit card processor. FD is able to offer the lowest rates available (without adding on unnecessary, additional charges) due to its size, vertical integration, and available networks. • FMS has been providing services to merchants since 1998 and takes great pride in offering both very low rates and the best customer service possible. FMS has offices in Maryland, Delaware, and Pennsylvania, allowing us to provide outstanding personal service to merchants throughout the Mid-Atlantic area. • FMS is a full service company providing: ➣ Credit and debit card authorization, capture, and settlement (including WRIGHT EXPRESS and VOYAGER) and T & E card authorization. ➣ Check authorization, guarantee, and recovery. ➣ Processing equipment, software, and support. ➣ Ongoing investment in new technology and software to speed up processing and lower costs. ➣ ATM equipment sales, processing, and service. ➣ Electronic gift card programs. ➣ 24 hour/7 days a week Help Desk support. ➣ Detailed explanations on costs and rates charged by Visa and MasterCard. ➣ Local representation in the event you need help or want to meet and discuss changing technologies or options for new products and services. ➣ NO ANNUAL or REPROGRAMMING FEES. ONLY ONE PHONE NUMBER TO CALL FOR ALL YOUR ELECTRONIC COMMERCE NEEDS! Office: 301-421-4111, ext. 105 Toll-Free: 866-511-4367, ext. 105 NOZZLE & WRENCH ASSOCIATION LEADERS MEET WITH OIL COMPANIES AND SUPPLIERS Ewing Oil Company Carroll Motor Fuels Petroleum Marketing Group Sunoco During the past year, WMDA staff members met with officials from a variety of oil companies and local suppliers to discuss common issues and regulations of major importance to the Association’s members. This is just one of the many ways WMDA works to serve its members and add value to your membership. SEPTEMBER/OCTOBER 2014 Southern Maryland Oil/Potomac Energy Holdings, LLC 27 NOZZLE & WRENCH THE YEAR IN REVIEW GOLF AT THE BEACH Right: WMDA’s Len Gentilcore (center) with the 1st Place Team of Sean Lookingbill, Tom Layden, Walt Lischak and Peter Berlo. Below: Good friends and great weather made for a perfect day to be out for a round of golf at Rum Pointe Golf Links. Above: Rick Agoris accepts the plaque for WMDA Hall of Fame inductee Bill Fisher. Left: Keith Madsen is inducted into the WMDA Hall of Fame by Dr. Roy Littlefield. President Rick Agoris thanks Keynote Speaker Lock Wills for his wonderful presentation. Steve Britton of Pleasant Hills Service Center received the award for Technician of the Year. TRAINING DAY 2014 Dr. Roy Littlefield presented the keynote address at the Clemson Tire Conference. 28 Technicians, managers and owners filled the classrooms during Training Day 2014. SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH Roy Littlefield presents the 2013 Member Safety Award to Lewis Schnauble of Schnauble Automotive at the 2013 General Membership Meeting. Rick Agoris presents the Manager of the Year Award to Rita Balazek of River Hill Sunoco. Len Gentilcore, WMDA Membership Sales, presents the Membership Services Award to Joe Testa of Glen Echo Exxon at the 2013 General Membership Meeting. Joe Parsley accepts the James Carpenter Award from Len Gentilcore. 2012 Member of the Year Award recipient Joe Testa (right) presents the 2013 Member of the Year Award to WMDA First Vice President Riaz Ahmad. Rick Agoris presents the Service Writer of the Year Award to Jessica Golden of Chesapeake Import Service. President Rick Agoris presents the 2013 Friend of the Industry Award to Gene Nace of PPC Lubricants (accepted by Chris Day of PPC Lubricants). Robert Eastham Award for Highest Rated Full Service Station Bowie Shell – Owner: Ron Ciuffetelli Highest Rated Repair Shop British American Auto Care – Owner: Sandi Weaver William Davis Award for Highest Rated Convenience Store (Tie) Left: National Harbor Sunoco – Owner: Fazal Sirhandi Right: Kings Farm Shell – Owner: E & C Enterprises SEPTEMBER/OCTOBER 2014 29 NOZZLE & WRENCH WMDA/CAR OFFICERS Rick Agoris President Brunswick Crown 98 Souder Road Brunswick, MD 21716 Riaz Ahmad First Vice President Edgewater Xtra Fuel/7-11 3080 Solomon’s Island Road Edgewater, MD 21037 Shafiq Umar Second Vice President Whitfield Chapel Sunoco 9105 Annapolis Road Lanham, MD 20706 James Rosenberger Treasurer Aspen Hill Shell 4001 Aspen Hill Road Silver Spring, MD 20906 Sajid Chaudhry Secretary Landover Shell Service Center 8555 Martin Luther King, Jr. Highway Lanham, MD 20706 Larry Jackson Immediate Past President Hickory Ridge Sunoco, Inc. 6440 Freetown Road Columbia, MD 21044 WMDA/CAR BOARD OF DIRECTORS REPAIR FACILITIES Billy Hilmuth Hillmuth Certified Auto 6810 Oak Hall Lane Columbia, MD 21045 Ken Quasney Auto Sense 8209 B Rear Cloverleaf Drive Millersville, MD 21108 ANNE ARUNDEL COUNTY Frank Eberle Eberle Automotive 8272 Quarterfield Road Severn, MD 21144 Gary Thompson Chesapeake Exxon 2101 West Street Annapolis, MD 21401 BALTIMORE Khalid Azam Liberty Road BP 8207 Liberty Road Baltimore, MD 21244 Larry Frederickson Lisbon Citgo 15943 Frederick Road Lisbon, MD 21765 30 DELAWARE PRINCE GEORGE’S COUNTY Robert Weber, Sr. Newport Exxon Shop & Car Wash 20 North James Street Newark, DE 19804 EASTERN SHORE Majid Hussain Easton Place Exxon 219 Marlboro Avenue Easton, MD 21601 MONTGOMERY COUNTY Mario Bruno Lake Liberty 8550 Connecticut Avenue Chevy Chase, MD 20815 Nasir Cheema Suitland BP 4801 Silver Hill Road Suitland, MD 20746 Greg Kulick Glenn Dale Mini-Mart 11002 Lanham Severn Road Glenn Dale, MD 20769 Mel Sherbert Piney Orchard BP 8749 Piney Orchard Parkway Odenton, MD 21113 Tom Watts Greenbelt Road Shell 6327 Greenbelt Road Berwyn Heights, MD 20740 WASHINGTON, DC Marty Dustin Burnt Mills BP 10711 Columbia Pike Silver Spring, MD 20901 Joe Testa Glen Echo Exxon 6729 Goldsboro Road Bethesda, MD 208171 666 Lynn Cook Parker’s Exxon 4812 MacArthur Boulevard, N.W. Washington, DC 20007 WESTERN MARYLAND Joe Parsley Frederick Shell 1275 West Patrick Street Frederick, MD 21702 SEPTEMBER/OCTOBER 2014 NOZZLE & WRENCH WMDA/CAR ENDORSED MEMBERSHIP BENEFITS & SERVICES PROVIDERS If your business needs any of the following products or services, be sure to check out these companies endorsed by WMDA/CAR. ATM MACHINES ELECTRICITY PROGRAM MOBILE DIAGNOSTIC SERVICE Replace My Stuff, LLC Intelicom, Inc. Larry Shapero 1-877-666-6269 Email: [email protected] AUTO PARTS SUPPLIER Auto Parts Superstores Parts Authority Stan Bailey 202-829-6315 Email: [email protected] MAAGIC Tom Gussen – Metromedia Power 1-800-828-9427, ext. 0031 Fax: 732-440-0031 Email: [email protected] INSURANCE – LIABILITY, UNDERGROUND STORAGE TANK, WORKERS’ COMP, HEALTH INSURANCE CASTROL BUYING PROGRAM – BULK OIL AND PREMIUMS PPC Lubricants Gene Nace 1-717-215-7253 Email: [email protected] Benjamin F. Brown Insurance Agency/ UTICA/Meadowbrook Ben Brown or Berry Brown 1-800-861-3434 Email: [email protected] CONVENIENCE STORE PRODUCTS LEGAL SERVICES Replace My Stuff, LLC Alicia Fairall 443-790-6957 Email: [email protected] TIRES American Tire Distributors Ken Sherman (AA, Washington, Frederick, Howard) Dave Schoennagel (Balt. City, Baltimore, Harford, Carroll, Cecil) Scott Bell (PG, Montgomery, St. Mary’s, Calvert, Charles) 1-800-638-5185 TRASH/DUMPSTER BROKER Coastal Trash Service Ian Djuric 410-490-3769 Email: [email protected] UNIFORMS, SERVICES, SOLUTIONS Century Distributors, Inc. Lori Rodman 301-212-9100 Email: [email protected] Lerch, Early & Brewer, Chartered Harry Storm 301-907-2817 CREDIT CARD PROCESSING LEGISLATIVE & REGULATORY INFORMATION 4321 0000 0000 0000 USED OIL, ANTIFREEZE & CONTAMINATED GAS DISPOSAL FMS INC First Merchant Services Dan Cohen 1-866-511-4367, ext. 105 Email: [email protected] CREDIT UNION NASA Federal Credit Union 1-888-627-2328 Email: [email protected] Website: www.nasafcu.com 32 Unifirst Corporation Mark Eaton 717-451-6664 Email: [email protected] WMDA/CAR Kirk McCauley 1-800-492-0329, ext. 114 Email: [email protected] RecOil, Inc. Bernard Reiley 1-800-346-9551 Email: [email protected] LET YOUR MEMBERSHIP WORK FOR YOU! Simply participate in all of the programs for which you are eligible and you will save or make enough to pay for your membership in WMDA/CAR! SEPTEMBER/OCTOBER 2014