February 2009 New England Automotive Report
Transcription
February 2009 New England Automotive Report
Labor Rate Commission Report Prompts Hope, Apprehension - pg. 44 Serving The New England Collision AND Mechanical Repair Industry MASSACHUSETTS/ RHODE ISLAND Vi TM si t Th e w re i w so w. n aa ly sp o n nj e N no O rt RT he H as EA t.c ST om 2 f o 00 r d 9! et ai ls FEBRUARY 2009 U.S.A. $5.95 INSKIP MINI 1515A Bald Hill Road Warwick, RI 02886 Wholesale Direct at 401-824-2313 Fax 401-824-2251 [email protected] www.inskipmini.com BOOTS, BONNETS, WINGS? YEAH, YOU’RE COVERED. • Premium customer service from our experienced staff. • Every component meets original specs, saving you installation time. Hours: • Dedicated Delivery meets your business demands. M-F: 8:00-5:00 Sat: 8:00-3:00 • Original MINI Parts INSKIP BMW 1515 Bald Hill Road Warwick, RI 02866 Original BMW Parts www.inskipbmw.com The Ultimate Driving Machine® Wholesale Direct at 1-866-287-0070 Fax 401-823-0530 [email protected] INSKIP BMW, Your One-Stop Shop for everything BMW. - Products with a fit and finish that helps improve your shop’s efficiency. - Products that help maintain your customer’s vehicle crash integrity. - Products that help protect your reputation and your customer’s peace of mind. - Personnel that will help you to get the right part, the first time and at the right price. Hours: M-F: 8:00-5:00 Sat: 8:00-4:30 2 February 2009 New England Automotive Report New England Automotive Report February 2009 3 4 February 2009 New England Automotive Report N E W E N G L A N D AUT M TIVE MASSACHUSETTS/ RHODE ISLAND EXECUTIVE DIRECTOR’S OFFICE 9 Bartlet Street #143 Andover, MA 01810 Phone: 978-749-9695 Fax: 978-749-0687 email: [email protected] website: www.aaspmari.org ASSOCIATION OFFICERS PRESIDENT Rick Starbard VICE PRESIDENT Bill Cahill TREASURER Russell Bradway SECRETARY Gary Cloutier MECHANICAL DIRECTOR Bob Baylis COLLISION DIRECTOR Alex Falzone ASSOCIATE DIRECTOR Michael Coran NORTHEAST CHAPTER DELEGATE Alex Falzone EDUCATIONAL DIRECTOR Jeffrey Choy GENERAL DIRECTORS Russell Hamel Brian Hohmann Butch Rand Mark Millman EXECUTIVE DIRECTOR Peter Abdelmaseh CONTENTS February 2009 • Volume 7, Number 2 Technical Spotlight 18 Lawsuit Wanted? by Mark Giammalvo IN MEMORIAM 19 Peter Abdelmaseh Sr. 33 Francis “Fran” Ricci Guest Editorial 21 CIC’s Fair Trade Practices Proposed List of DRP Criteria Would Further Erode True “Fair Trade” in the Collision Repair Business Reprinted with permission from the CCRE AASP Member Benefit Update 22 Mitchell 1/AASP Affiliate Program Prospers Into Seventh Year by Joel Gausten On the Lift 23 Your Biggest Competitor by Leon Bousquet Tech Feature 26 The Theory of EME+54 = Proper Repairs: The Lack of Basic Estimating Procedures Can Kill Your Productivity! Part Two of a Two-Part Series by Larry Montanez III, with Peter Pratti Jr. Cover Story 35 Auto Body Reform 2.0: AASP MA/RI Responds to the Special Commission’s PUBLISHER Thomas Greco ([email protected]) MANAGING EDITOR Alicia Figurelli ([email protected]) EDITOR Joel Gausten ([email protected]) ADVERTISING DIRECTOR Norman Morano (800)991-1995 ([email protected]) ART DIRECTOR Lea Velocci ([email protected]) PRODUCTION MANAGER Megan Maletich ([email protected]) CONTRIBUTING EDITORS Rick Starbard • Bill Cahill • Peter Abdelmaseh • Leon Bousquet • Mark Giammalvo Published by: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963 Advertising: (732) 280-6000 / FAX: (732) 280-6601 Report, Refiles Labor Rate Bill by Joel Gausten CMARA Update 44 Labor Rate Commission Report Prompts Hope, Apprehension by Joel Gausten PLUS: 6 Executive Director’s Message 46 Index of Advertisers New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP MA/RI or CMARA. Copyright © 2009 by Thomas Greco Publishing, Inc. Cover image ©istockphoto.com/DNY59. New England Automotive Report February 2009 5 Executive Director’s Message AASP MA/RI 2009 Legislative Initiatives Off to a Great Start Peter Abdelmaseh Activities and events during the final months of 2008 and the first month-and-a-half of 2009 have provided an opportunity for AASP MA/RI to get our legislative initiatives – the Auto Body Labor Rate Bill and the Massachusetts Right To Repair Plus (+) legislation – into prominent positions at the State House. Your AASP MA/RI leaders have been working overtime to move both of these bills forward on Beacon Hill. The change of leadership in the House of Representatives as well as the many changes on key committees looks, at this moment, to be generally positive for us. But, as it always is in politics, time will tell. Here’s a brief description of our situation on both of our bills: Auto Body Labor Rate Bill AASP MA/RI and CMARA have resubmitted the Auto Body Labor Rate Bill into the state legislature for the 2009-2010 session. We submitted the version of our bill that passed through the Senate during budget deliberations. For strategic purposes, the bill was introduced by one senator and one state representative in order to provide us with options available to us when the session gets into full swing. Most significantly, AASP MA/RI and CMARA have both engaged the services of a prominent lobbying firm to work on behalf of the industry to get this legislation passed into law. Marty Corry of Corry Associates, LLC will represent the collision industry on Beacon Hill. We are currently working with Marty to refine our strategy during this legislative session. His experience in getting important bills passed in the legislature is a source of comfort for us, as we were not able to get a “seat at the table” in the final moments of the previous session. Marty is excited to be representing our industry and feels that we have a lot to build upon from our past efforts. To say that the Auto Body Labor Rate Bill that AASP MA/RI and CMARA introduced got a lot of attention on Beacon Hill is an understatement. Because of the great work done by so many of you in the collision industry – making phone calls, sending letters, going to the State House, etc. – it would not be a stretch of the imagination to say that EVERY legislator had more than their fair share of knowledge about the number one problem that you face every day in your shops. Three very important things emerged from our efforts on this legislation over the past two years. The first one is that when you focus an entire industry’s efforts on one goal, you get the undivided attention of everyone. I dare say that if you played a word association game with every legislator on Beacon Hill and you mentioned the words “body shop,” all of them would answer, “Labor Rate.” That’s what you get when you focus on one goal. The second important result of our efforts in promoting the 6 February 2009 New England Automotive Report Labor Rate Bill is that we began to understand the power that our industry can have at the State House if we just work together in a planned and coordinated fashion. Just take a glance backwards for a moment and look at what we did. First, we put forth an excellent piece of legislation that was worthy of widespread support from within the industry. The bill offered an opportunity to every collision shop owner to get on the path to “fairer” Labor Rates and, considering that nothing had been done for so many years on this front, this legislation certainly represented a breakthrough for a battered industry. Next, we got approximately 300 shop owners behind the effort and, through clear and efficient communications, they responded by letting every legislator know that there is a serious problem in the collision industry in Massachusetts and the Auto Body Labor Rate Bill addresses this problem. Because of those shop owners, as well as their spouses, managers, and staff, we established a grassroots effort that included well over a thousand people who turned a good idea into a tidal wave of support for our legislation. As this wave continued, we were able to pinpoint many people from within our industry who had significant connections to their local politicians. And, the constant contact between collision industry professionals and legislators was a key component in the building of our industry’s power base. Lastly, the whole process of moving the bill forward presented our industry with the opportunity to fully explain our most pressing problem to the people who can do the most to help us solve it. Until we began this effort, the Labor Rate problem for auto collision shops was just a whisper in the background, taking place only amongst a few shop owners. By the time the “special commission” submitted the final report to the governor and legislature, more than 300 pages of written testimony had been placed in the public record by both sides on this issue. Insurance companies admitted, in an almost apologetic tone, that Labor Rates have been suppressed in Massachusetts for a very long time and now accept that they must do something about them. Time will tell. Massachusetts Right To Repair Plus (+) For the 2009-2010 legislative session, your AASP chapter has taken a completely new approach to the “Right To Repair” problem for both the mechanical repair and collision repair industries. Recently, our Vice President, Bill Cahill, realized that changes in automotive technology could make passage of any of the similar bills - even the one we had introduced into the Massachusetts legislature - basically worthless to consumers and to the independent automotive aftermarket. He began speaking continued on pg. 10 It Takes Genuine SAAB Collision Repair Parts To Achieve A Genuine SAAB Fit. Imitation body parts are often cheaper, in every sense of the word. It costs less to make a door that aligns almost properly than it does to make one that fits perfectly. Saab collision repair parts are engineered and manufactured to Saab standards. In the collision-repair business, time is money, and you can’t waste time on parts that almost fit properly. Use genuine Saab replacement parts. Your reputation depends on it. You’ll really appreciate Genuine Saab Replacement Parts if you order from one of these authorized dealers. NEW ENGLAND DEALERS Long Saab 218 Turnpike Road Southborough, MA 01772 800-982-2298 Fax: 508-879-1212 www.longauto.com [email protected] Saab of Cape Cod 527 Station Rd. South Yarmouth, MA 02664 800-356-7222 508-760-2510 Fax: 508-760-2508 www.hyannissaab.com Saab of Danbury 102 Federal Road Danbury, CT 06810 203-730-5773 Fax: 203-730-5778 Shaw Saab 22 Pond Street Norwell, MA 02061 781-982-7222 Fax: 781-982-9822 Accent Auto Group 419 Elm Street Milford, NH 03055 603-673-6333 Fax: 603-673-4947 Patrick Motors 519 Washington Street Auburn, MA 01501 800-367-7222 Fax: 508-721-2374 e-mail: [email protected] New England Automotive Report February 2009 7 New England’s Award Winning Jaguar Dealership for more than 35 years. WOBURN FOREIGN MOTORS Parts Direct: 1-339-645-2472 Toll Free: 1-800-984-9623 Fax: 1-339-645-2492 Web: www.woburnjaguar.com Prompt, Professional, Courteous Parts Department 394 Washington Street, Woburn, MA 01801 STRO AUTOMOTIVE CELEBRATING 40 YEARS! New England’s Fastest Growing Distributor Of Quality Collision Parts! We Want To Add Your Name To Our Growing Family Of Satisfied Customers. Here Are Some Reasons Why You Should Choose Astro: • A COMPLETE LINE OF COLLISION PARTS & BODY SHOP SUPPLIES • HIGH QUALITY PRODUCTS • SUPERIOR SERVICE (ISO 9001 CERTIFIED) • EXTENSIVE INVENTORY • COMPETITIVE PRICING • DATA FILES UPDATED MONTHLY ON ALL MAJOR ESTIMATING SYSTEMS 1-800-527-8762 MANCHESTER, CT 8 February 2009 New England Automotive Report HAMPTON, NH FAX: 508-528-6650 FRANKLIN, MA New England Automotive Report February 2009 9 Executive Director’s Message continued from pg. 6 about his ideas, but those who wished to maintain the status quo on this issue (for either personal gain or other reasons) dismissed them. After several face-to-face conferences and telephone calls left him feeling that a big opportunity could be wasted, he crafted a new bill that we now call “Right To Repair Plus (+)” based on an entirely different premise from all of the others. This new bill was introduced into the state legislature by AASP MA/RI through the sponsorship of Rep. James O’Day of Worcester for the 2009-2010 session. This legislation proposes to define and grant to Massachusetts’ consumers new privacy rights in, and access rights to, the data stream that is produced in each vehicle. By establishing these rights as owned, in entirety, by consumers, they can be assigned to the repair facility of choice, either a dealership or an independent repairer. But, access to the data stream must be complete. Your AASP chapter, in support of the thousands of people who make their living “in the bays” repairing vehicles, filed this new, innovative legislation. In distinguishing it from the old bills, it is called “Right To Repair Plus (+),” with the “plus” designating “Consumer Ownership Rights.” You may wonder if all of this is just a word game, but please be assured that it is not. As the result of two of our people in just three days of discussing this bill with legislators at the State House, 35 of the approximately 50 legislators we met have signed on to be co-sponsors. That is an astonishing level of support, especially since it was achieved with no outside help. Just a couple of guys telling the truth. You get 10 February 2009 New England Automotive Report the point. Massachusetts Inspection Program and Other Issues AASP MA/RI has been a participant in the deliberations over the latest Massachusetts vehicle inspection program since late 2007. The program was implemented, on time, on October 1, 2008, and is being administered by the state Registry of Motor Vehicles (RMV). The process is pretty much set by the Registry and the Massachusetts Department of Environmental Protection (DEP), and they gather input from organizations representing the repair industry, like AASP MA/RI. Many of our mechanical members are considered the “hightech” repairers of the state, and participate in the program primarily as “registered repairers,” meaning that they are the shops at which complex vehicle repairs requiring a high level of expertise and investments in training and equipment are performed. Therefore, the position of the association in these deliberations was to promote the opportunity that “registered repairers” be given a priority position for the “open” inspection station licenses that were abandoned by those in the expired program. We can report to you that we have worked hard on this project with several of us in attendance at each meeting. We have sought to “upgrade” the required level of expertise at the inspection stations and have promoted the idea that, if more registered repairers are licensed as inspectors, then fewer vehicle owners would be “rejected,” since repairs could be performed on premises. Additionally, it would be more convenient for those vehicle continued on pg. 16 90 Bay State Road • Wakefield, MA 01880 1-800-244-9258 Metro Boston’s Source for W Series and Medium Duty Truck Parts Right Part • Right Price • Right Time Liberty Chevrolet 90 Bay State Road Wakefield, MA 01880 Parts Direct: 781-245-6549 Fax: 781-246-0027 www.libertychevrolet.com Parts Hours: Monday-Friday: 8:00am-5:00pm • Saturday: 8:00am-12:00pm Same Day Delivery New England Automotive Report February 2009 11 12 February 2009 New England Automotive Report Superior service starts with superior parts. Rely on what Mazda drivers already know-Genuine Mazda parts extend a car's life. • Designed specifically for Mazda vehicles • We're an accurate, trusted resource as close as your phone • Get the right part the first time • Give us the opportunity to serve you Contact these Mazda dealers for all your parts needs: Town & Country Mazda Champion Mazda IRA Mazda Liberty Mazda 750 Newfield Street Middletown, CT 06457 Phone: 860-347-4471 Fax: 860-343-1213 1724 Main St. Brockton, MA. 02301 Phone: 888-842-8400 Fax: 508-941-6613 99B Andover Street Danvers, MA 01923 Phone: 978-739-8654 Fax: 978-750-7156 90 Bay State Road Wakefield, MA 01880 Toll Free: 800-458-1848 Phone: 781-245-8000 Fax:781-246-0027 Stamford Mazda Grappone Mazda 747 East Main St. Stamford, CT. 06902 Phone: 203-348-4400 Fax: 203-348-4401 www.stamfordmazda.com 506 Rte. 3A Bow, NH 03304 Phone: 603-226-8350 Fax: 603-224-3444 Metro Mazda Sentry West Mazda 1651 Route 44 Raynham, MA 02767 Phone:508-967-2845 Fax: 508-824-0053 940 Boston Turnpike Rt.9 Shrewsbury, Ma 01545 508-281-8173 Fax: 508-845-4775 [email protected] New England Automotive Report February 2009 13 14 February 2009 New England Automotive Report New England Automotive Report February 2009 15 Executive Director’s Message continued from pg. 10 owners, as well. At this writing, the Registry has not yet fully implemented the “waiting list” program, thus we cannot give you a true progress report. However, we know that they have heard us and, in private conversations, they understand and accept our position. We will have to wait until at least the spring to see if our efforts on your behalf have been successful. But, please know that we are working for you. We are in the process of building new collision and mechanical chapters around the state and are talking with people who would like to become members of our Board of Directors. AASP MA/RI is the fastest-growing automotive organization in New England, and that is because of people like you. If you own or operate a collision repair shop or a mechanical repair shop and would like to “step up” and represent the industry, please get in touch with us. While we have met many smart and good people over the past years, we know there are many more of you out there. AASP MA/RI does not operate like a closed club. We welcome new ideas, many of which become important causes for our organization as well as the entire automotive aftermarket in Massachusetts. We are gratified that so many people like you have said, in ever-growing numbers, that the time to move the industry forward is now. Technology is not something to be feared; it is to be embraced as the cornerstone of new opportunities. However, an organization like AASP MA/RI is there for times when technologies or markets are manipulated in ways that restrict access for all industry participants. Certainly, one or two small companies cannot fight those forces alone. Heck, that’s a difficult task for organizations our size and even larger ones. However, your Association will continue to work hard and intelligently on your behalf, and continue to tell truth to power, whatever the consequences. We’ll do that in 2009, and for many years to come. Thank you for that opportunity. Mass./Rhode Island 16 February 2009 New England Automotive Report New England Automotive Report February 2009 17 Technical Spotlight Lawsuit Wanted? Mark Giammalvo Want to avoid a future lawsuit? Just be especially careful when drafting your next “Help Wanted” newspaper ad. I’ll bet those two sentences really got your attention. How could you possibly get sued for placing a “Help Wanted” ad in the newspaper? Read on, my friends, read on. Last year, we decided to place an advertisement with our local newspaper for a part-time employee. Employee job tasks would includ picking up and delivering parts, customer service, handling bank transactions and light building maintenance. In the past, when we ran an ad for this position, retired male workers typically applied for the job. As a result, our most recent advertisement draft had a line similar to: “Perfect job for a retired worker.” Before the advertisement went to print, we received a call from the newspaper editor stating that, we would have to reword the advertisement. Why? It appeared that, in our highly litigious society, stating “retired worker” will be interpreted by some readers as: “We won’t higher younger workers that are not yet retired.” I must be naïve, but I guess there are a lot of people out there thinking, Can I sue them for discrimination because of this ad’s wording? Perhaps I can make some money off these guys. How deep are their pockets? Anyway, we changed the ad to an acceptable version, and I had soon forgot the issue. Being a subscriber to a Vermont weekly newspaper, I recently again came across this topic. This time, it was definitely headline news. The article I am referring to was written recently by Ken Picard of the Vermont newspaper Seven Days. I learned that Seven Days, Vermont’s Times-Argus and the Rutland Herald were all accused by the Housing Discrimination Project of Holyoke, Ma. and Vermont Legal Aid for publishing allegedly discriminatory language in their classified ads. To step back a bit, Ken also learned that, five years ago, Seven Days was notified that some of its housing ads included objectionable language, such as “professional couples preferred” and “no students.” As a result, the paper agreed to run three years of free fair-housing notices. Worse yet, although the paper received training on this issue from the Champlain Valley Office of Economic Opportunity, it was still discovered that 10 discriminatory ads out of approximately 20,000 had made it to print in a twoyear period. After a lengthy negotiation process, Seven Days was hit with $45,000 in fines, including $30,000 in free advertising over 24 months. In addition, the paper incurred more than $2,500 in legal fees. 18 February 2009 New England Automotive Report Out of the 10 allegedly discriminatory ads, six had set a limit on the number of residents allowed, with wording such as “single occupancy only” and “two-person maximum.” Two ads stated “adults’ apartment” and “quiet adults desired.” One ad stated “not Section 8 approved.” One listing, read as “charming, two-bedroom apartment . . . off-street parking for two cars . . . ideal for a couple.” Ken stated that, if the advertisement had been worded “ideal for a family,” it would have been acceptable. Ken also stated that: “. . . None of the ads that got Seven Days into trouble made reference to race, color, religion, ethnicity, gender, disability or sexual orientation . . . ” Interestingly, wording such as “Se habla español” is acceptable, since it’s considered “inclusive” language (this is because people other than Latinos may also speak Spanish). Oddly, if an advertisement read as boldly as “no fat people,” this is technically acceptable because it doesn’t use the forbidden term “morbidly obese,” which is a recognized disability under the Americans With Disabilities Act (ADA). Additionally, “Gays and lesbians welcome!” doesn’t break any state or federal laws. However, “gays and lesbians desired” would be a violation of Vermont law because it expresses a preference based on a tenant’s sexual orientation. Ken also discovered that, several years prior, the Southern California Community Newspapers incurred more than $100,000 in legal fees and were forced into bankruptcy for running a single ad that read “adults preferred.” This lawsuit resulted in the elimination of more than 100 jobs. Ken also noted that free websites such as Craigslist.com and Roommates.com are held to a lower legal standard, and that often, even when their users violate state and federal fair-housing laws, the websites themselves are held faultless. In the past, Craigslist was sued by several Chicago attorneys for posting discriminatory ads. Some of the ad postings in question read “only Muslims apply” and “no minorities.” However, this year, a 7th Circuit Appellate court upheld a lower court ruling that stated that Craigslist cannot be held liable for any discriminatory wording posted by their users. It appears that in the world of law, print advertisers are held liable for the content of their customer’s ads, while Internet advertisers are held harmless from the content of their customers’ ads. It is an odd, yet large, legal discrepancy. The rationale of all this? Craigslist does not review or edit its users’ content. In plain English, its considered a bulletin board, not a publication. Perhaps the newspapers should refrain from editing the content of their advertisers ads? Oh, no, what was I thinking? That’s what got them sued in the first place. Confused yet? So am I. Another large issue regarding the liability of newsprint is that neither the courts nor the federal government have provided clear and specific and guidelines for what is considered a discriminatory advertisement. In the article, Fair Housing Advocate Jamie Williamson told Ken that the best way to write a housing ad and not get sued is to describe only the unit, and not the potential tenant. Still, find this legalese even more confusing? How about an ad stating, “House on busy street with no sidewalks.” One might say that this is just viable information listed so that the future renter, be it a family with young children or a retired single person, may make an informed decision. However, according to Williamson, this, too, would raise a red flag: “Right off the bat, if you said, ‘House on a busy street,’ what that ad says to me is, ‘For those of you who have children, don’t bother to apply . . . ” After reading Ken’s article, to apply that same methodology to our future advertisements for help we had better make sure we describe only the job and not the potential employee. Hmm, I wonder if we can purchase a rider for additional insurance to cover lawsuits over future print ads. Mass./Rhode Island In Memoriam: Peter M. Abdelmaseh Sr. Peter M. Abdelmaseh Sr., father of AASP MA/RI Executive Director Peter Abdelmaseh, passed away peacefully on December 16. He was 93. Born in Worcester, Abdelmaseh served his nation proudly in the United Stated Navy during World War II. During his time in the Navy, he was a Signal Man 1st Class aboard the USSYMS 329. He was the owner of Billings Auto Supply for over 46 years. In his time away from work, he was an avid golfer Peter Abdelmaseh Sr. and a former member of the Wachusett Country Club and Pleasant Valley Country Club. He was also a member of the Guiding Lights Masonic Lodge, formerly known as the Athelstan Masonic Lodge. Abdelmaseh is survived by his two sons, Peter Abdelmaseh and Mansour Ansari, daughters June Kuzmeskus and Susan Latuga, seven grandchildren and four great-grandchildren. His wife of 34 years, Lily (Sear) Abdelmaseh, passed away in 1980. AASP MA/RI and New England Automotive Report offer the Abdelmaseh and Ansari families our deepest sympathies. New England Automotive Report February 2009 19 QUIRK GM PARTS DEPOT 1250 South Willow St. Manchester, NH 03103 formerly 800-842-9600 Fax: 800-641-5554 Local: 603-669-8480 Fax Local: 603-641-5554 QUIRK PARTS DEPOT IS COMMITTED TO GIVING OUR CUSTOMERS THE SAME QUALITY SERVICE OUR COMMITMENT IS THE SAME ONLY OUR NAME HAS CHANGED. 3 Million Dollar Inventory Why Wait? We Have It! OPEN Mon - Fri: 7am - 5:30pm Sat: 7am - 4pm 20 February 2009 New England Automotive Report Guest Editorial CIC Fair Trade Practices Proposed list of DRP Criteria Would Further Erode True Collision Repair “Fair Trade” Shops’ DRP relationships with insurers foster, support and promote insurer steering of repairable vehicles. Though the vast majority of collision repairers understand this, it seems that this simple concept remains lost to the minds and/or aspirations of the leaders of the Collision Industry Conference’s (CIC) so-called Fair Trade Practices committee. This disconnect becomes evident in the wording of CIC’s recently proposed 14-point Direct Repair Criteria list. It would therefore appear that the true goal of CIC’s latest proposed repair criteria is to continue to promote the personal interests of some of CIC’s participants and administration. The practice of writing and rewriting proposals in hopes that the insurance industry will comply has never accomplished anything positive for the collision industry, and it never will. Many DRP shops are among those complaining about insurer steering practices against them. And yet, in spite of the fear and intimidation that keeps many of them tied to their DRPs, any knowledgeable DRP shop owner knows that it is his compliance as a DRP that guarantees that insurer steering remains profitable for insurers. Though insurers have attempted to “legitimize” what was once considered an “illegal” practice (by writing policies that demand policy holders to patronize insurer shops with DRP agreements), CCRE maintains that these now “legitimized,” formerly illegal practices are still un-American, defying the concepts of “free trade” and stifling competition in our typically Capitalistic society. How is it that we now have the North American Free Trade Agreement (NAFTA), which allows free trade to flow from Canada through the United States and into Mexico, and yet we have NO “Free Trade” within our own “free” country in reference to insurer interference in the collision repair business, and several others? The time is now for OUR COLLISION INDUSTRY to stop feeding the insurance industry’s steering machine through participating in DRPs. The time is also now for CIC-type groups to cease from facilitating insurer abuses through recognizing Direct Repair and the many things it promotes as being in any way legitimate. CIC’s even considering such a proposal as this so-called Direct Repair Criteria (coming from an or- ganization that proclaims to be promoting “fair trade practices” for the collision repair industry), is even more detrimental to the collision repair industry than the DRP concept itself. The Code of Ethics produced by attorney Erica Eversman is a workable “Best Practices” that the collision industry can adopt. Those interested in overcoming abuses against the collision industry should contact the CCRE (the Coalition for Collision Re- pair Excellence) toll free at 877-700-7743, or at its website www.theccre.com. The Coalition for Collision Repair Excellence (CCRE Ltd.) is the only coalition of consumer-oriented shops dedicated to qualityminded independence. This article reprinted with permission from the Coalition For Collision Repair Excellence (CCRE). New England Automotive Report February 2009 21 AASP Member Benefit Update by Joel Gausten Mitchell 1/AASP Affiliate Program Prospers into Seventh Year In 2002, AASP National partnered with Mitchell 1 in an effort to provide state affiliates with high quality automotive aftermarket/repair and estimating information and repair shop management systems. The union was one in a series of initiatives that allowed AASP to strengthen membership benefits and partner with some of the industry’s most prominent vendors. Now, nearly seven years since the partnership first took flight, both AASP and Mitchell 1 are celebrating a union that continues to provide unparalleled service to association members far and wide. For David Boyington, Mitchell 1’s senior manager of corporate sales, joining forces with AASP has providing provided ongoing, hands-on involvement with his company’s expanding clientele. “Our major customer base is the independent repair facility,” he says. “AASP has a wide audience on the mechanical side, so it makes sense for us to participate with those facilities. If we come in handand-hand with a respected association like AASP, it makes the sales process easier.” Recently, Mitchell 1 unveiled the ninth version of its hugely successful ServiceIntelligence system. By providing a detailed tracking of 25 maintenance items, ServiceIntelligence Version 9 creates a personalized report for each vehicle in a shop customer’s household. Utilizing ServiceIntelligence Version 9, shops not only generate credible recommendations and build stronger trust with customers, but also generate new, often-overlooked sources of income. “So often, a shop will change a customer’s oil, rotate the tires and may recommend a transmission flush, but they may overlook the air filters, fuel filters and the timing belt,” Boyington explains. “Now, they can look at the customer’s information and go, ‘Wow, it’s been 75,000 miles since we’ve done an air filter change.’ You can also provide the customer with feedback that says, ‘Mr. and Mrs. Smith, I’m recommending that we do an air filter not just because I want to sell you one, but because it’s been three years and 75,000 miles.’” Additionally, the ServiceIntelligence activation fee includes an email match service through a shop’s management database. This service typically finds emails for up to 30 percent of a shop’s customer database. In addition to offering value to the industry through its unique products and services, Mitchell 1 is also available for seminars, workshops and other training opportunities to assist AASP members. “If one of the chapters gets together on a monthly basis, we can participate at that level and provide training to them, either at a greatly reduced fee or maybe even free,” Boyington says. After working with various AASP representatives for years now, Boyington remains adamant that all automotive service shops would be well served by being actively involved in the association. continued on pg. 33 22 February 2009 New England Automotive Report On the Lift Your Biggest Competitor In the midst of these difficult economic times, have you ever considered just who your competitors are? My answer will surprise you. Consider this scenario: There are two shops, directly across the street from one another. Both shops have five employees; both shops have the same number of bays, and the same type of equipment. One shop is clean, well-lit and always hustling. The other has a light bulb hanging from wire nuts, is dirty, and everyone looks depressed. One is surviving, able to pay their bills, and the other is always struggling. How can 2 exact facilities have such different business models? My son, Brent, is a good soccer player. He has been selected to try out for the Massachusetts Olympic Development Team (ODP) for 15-year-olds. The team currently has 25 players, and that will be cut down to 18. When they practice, all the boys are nice to each other, but they also know that unless they bump somebody out, they could be gone. It is easy to find his competition; it is the boy next to him. What will separate him from the boy he beats out? What do you look for in an employee? Of course you look for skill, but you also look for a good attitude. We all know what a bad apple does to the whole bunch. We all have stories of the employee that disappears never to return (and you’re left with his tool box) or is sleeping in his car when you show up in the morning. What makes an employee a winner? It is their attitude along with their skill. Think about it: Would you take someone with great skills and a terrible attitude, or would you prefer someone with less skill, willing to learn, with a good attitude? You started a business. You staked everything on it: Your house, your family’s future, your income. But you did it because you knew you would make it. You had to have a positive attitude, otherwise you would have failed before you started. Be sure that attitude is still reflected. As an employee, would I rather work for someone that reflects that my future is secure or the guy across the street where I have to rush to the bank to be the first to cash my paycheck? I started a business as well. And yes, there were times I did not come home with a paycheck. I know that it is very difficult to survive, let alone thrive in today’s economic climate, so do not think I am picking on new businesses. (Remember, my model says the shops are the same.) What is true is that only 10 percent of new businesses make it past Year Five. Consider yourself one of the very skilled few to make it, much as I hope my son makes it to ODP. He would be one of very by Leon Bousquet few, one of 18 of all 15-year-old boys playing soccer in Massachusetts. How about those odds? Do you face the same odds; are we going down to 18 shops? Of course there will not be that few, but how many will be the best? How many will write the best sheet, be able to maintain good equipment, attract the best people and earn a decent living? How many can maintain that positive attitude even in the face of this economic downturn? How many will make it out of the Minors and into the Majors? I can tell you that the shops that do nothing, the shops that sit back and complain, will not survive. Look ahead and face the future. Control change or it will control you. Uncontrolled change is like an earthquake; the pressure builds up and suddenly it breaks loose. All you can do is react to the chaos that ensues. If you see it coming, and plan on it, you can control it. There are those that hide from change, like an ostrich. What kind of defense is it to stick your head in the sand and hope change doesn’t find you? My son tried three years in a row to make the ODP Team, and this is the first time he was chosen. He did not give up; he saw what he had to improve on and he made the adjustments. He was able to do this because he always knew he could. So, who is your biggest competitor? It is not the insurance industry; they do not have any body shops around here. They may be the enemy, but they are not your competitor. It is not even the guy across the street; if his workmanship is lousy, he actually makes business for you. Send him a nice “Thank You” card. So if it is not the guy across the street and it is not the insurance industry, who is it? Who is the biggest barrier to your success? You already know the answer. Next time you have a moment, watch Ramsey’s Kitchen Nightmares. Do not watch that crappy Hell’s Kitchen; be sure it is his BBC Show, “Ramsey’s Kitchen Nightmares.” Chef Gordon Ramsey goes into a restaurant that is failing and points out what is wrong and what they have to do to fix it. Watch the resistance to change he gets, even though what they are doing has led to ruin. (Remember the definition of “Insanity?”) The restaurants are a model for every business; I hope I can learn from their mistakes. Mass./Rhode Island New England Automotive Report February 2009 23 24 February 2009 New England Automotive Report New England Automotive Report February 2009 25 Tech Feature by Larry Montanez III, with Peter Pratti Jr.* The Theory of EME + 54 = Proper Repairs: The Lack of Basic Estimating Procedures Can Kill Your Productivity! Part Two of a Two-Part Series The estimator is the “quarterback of the shop.” If he or she fails to document all of the damage, the technician may or may not repair some missed damages, and the shop will not always get paid for it. The estimator plays a pivotal role in the shop’s success and profitability. The estimator needs to set the repair process in proper motion by writing an accurate damage report. It will be used as the work order after it is put through the management system, and will eventually be the final repair invoice. It is imperative that this damage report encompasses all the damage and repaired, replaced and refinished procedures. All too often in repair facilities, the estimator will write an incomplete estimate and say, “I’ll call for a supplement; I do not have time to get that deep into this vehicle.” That is, quite simply, no way to run a collision repair facility. Oftentimes, one will hear that “the insurance company will not pay for (the procedure in question).” The insurance company representatives are not the repair profes- 26 February 2009 New England Automotive Report sionals; insurance companies pay for the repairs and cannot dictate the repair process. Shop estimators ask, “What does I-CAR say about this repair procedure?” I-CAR does not set or police repair procedures. Each automaker may recommend a repair procedure. If no repair procedures exist from the manufacturer, then I-CAR has some general repair or sectioning procedures, better known as the UPCRs (Uniformed Procedures for Collision Repair). In a December 2007 I-CAR Advantage article, I-CAR asked, “Do the UPCRs still apply to new vehicle design?” ICAR’s answer was, “Maybe not, due to the advanced metals and design technologies in newer vehicles.” I-CAR also stated, “The UPCRs have not been revised [lately].” However, the business of collision repair has drastically changed over the past 25 years. To understand the latest in new steels, I suggest attending the I-CAR SPS07 course on New Unitized Structures and Techcontinued on pg. 28 Authentic Audi Parts. Precisely what you need Authentic Audi Parts are what make an Audi an Audi. They’re built to the same blueprint specifications as original parts. Stamped on the same factory dies. No other replacement parts offer comparable fit, finish or structural integrity. You won’t see dimensional variances or uneven edges. Installation is quick and easy. And they’re the only replacement parts backed by a limited warranty for 12 months or 12,000 miles.* It’s all part of our on-going commitment to our Audi owners and to you. For quick access to the parts you need for new and older models, contact your local Audi dealer today. Never quit. Never do the expected. Never rest on your laurels. Never think great is good enough. NEVER FOLLOW.TM For the Authentic Parts you and your customers. demand, contact these Authorized Audi Dealers. Bernardi Audi 800-247-3033 fax: 508-651-6841 Audi Westwood 420 Providence Highway Westwood, MA 02090 800-354-5100 fax: 781-234-2064 Mattie Audi 80 William S. Canning Blvd. Fall River, MA 02721 800-678-0914 fax: 508-730-1283 IRA Audi 105 Andover St. Danvers, MA 01923 800-774-8411 978-605-2182 fax: 978-605-2271 Audi Burlington 93 Cambridge St. Burlington, MA 01803 781-272-8880 fax: 781-272-1461 Brookline Audi 308 Boylston Street Brookline, MA 02446 617-264-6922 fax: 617-738-0787 Prime Audi 420 Providence Highway Westwood, MA 02090 800-354-5100 fax: 781-234-2064 Hoffman Audi 700 Connecticut Blvd East Hartford, CT 06108 860-282-0191 fax: 860-290-6355 www.hoffmanauto.com e-mail: [email protected] Audi of Wallingford 800 South Colony Rd. Wallingford, CT 06492 203-269-3318 fax:203-294-4256 e-mail: [email protected] Wagner Audi 67 Main St. Boylston, MA 01505 508-869-6766 fax: 508-869-6925 * See your dealer for details. To locate a dealer near you call 1-800-FOR-AUDI. New England Automotive Report February 2009 27 Tech Feature continued from pg. 26 nologies. This course will change your attitude towards collision repair. The days of repairing vehicles based on your opinion and past experience are over. Repair facilities need OEM repair information and training just to understand what is and is not repairable. The days of using heat to repair vehicles are also over, because most OEMs want their vehicles repaired cold with stress relief accomplished by vibration (hammering with blocks of wood). The complexity of the metallurgy used in today’s vehicles needs to be fully understood by the estimator and the repair technicians. The liability issue is bigger than ever. I have seen too many vehicles repaired incorrectly during my investigations. At times, I have discovered that the vehicle was never measured. If it had been measured, it would most likely have been repaired correctly. I also consult with many shops that are involved with a Direct Repair Program (DRP). Many DRP contracts state that the shop must have a damage estimator who has passed the ASE B6 test, as well as have an I-CAR qualified welder and three-dimensional measuring equipment with a printout of before and after measurements. I strongly agree with these requirements. These easy-to-fulfill requirements will help ensure that the repair facility will have some of the tools and knowledge to repair the vehicle correctly. Now, let’s take a look at a vehicle being estimated utilizing the EME 54 theory. On Monday morning, a vehicle is towed into your shop, and the customer fills out all the paperwork and signs all needed authorizations. The vehicle is movable, but not safely drivable. The vehicle is moved into the estimating area of the shop. This area has some hand and air tools, a fluorescent drop light, a creeper, a hydraulic jack, jack stands, a digital camera, a computer or estimate pad, a two-post lift, multiple-sized speed squares, a metric tape measure, a tram gauge and an electronic three-dimensional measuring system. For this example, we will use the Car-O-Liner Car-OTronic Vision X3 system, which will be referred to as “the X3 system.” Our vehicle will be a 2008 model that has sustained damage to the front of the vehicle. The hood does not open, and both of the fenders are damaged. The front bumper assembly is pushed into the vehicle structure, but the front doors open and close normally. Step 1: Take photographs of the four corners of the vehicle, the Vehicle Identification Number (VIN tag and label), license plate, full view of damage, close up of the damage and undercarriage, doors, trunk, closed or open hood, exposing damage if applicable. 28 February 2009 New England Automotive Report Step 2: Do a “walk around” of the vehicle. To do this, you must start by walking to the opposite end of the vehicle from the damage. For example, if the vehicle is damaged in the front, you start by opening the trunk. The reason for this is that you are looking for any secondary or indirect damages. The new metals in vehicles are designed to transfer collision energy from the front of the vehicle around the passenger compartment to the rear of the vehicle, and from the rear to the front. After opening and closing the trunk, it appears to operate normally. You now move to the rear doors to check their operation. Both rear doors operate properly. Now, you will need to do a quick check of the rear suspension. This is easy. At the end of the rocker panel, place your fingers between the rear tire and the rocker panel on one side and then compare it to the other side. If there is a difference, there is some sort of damage to the rear suspension cradle or mounting areas. If it is equal, that does not mean there is not damage; it will still need to be measured, but we will discuss this process a little later. Step 3: Take the damaged parts off the vehicle. Some estimators might call this process teardown, blueprinting or “triage.” I prefer the term “teardown.” The teardown can only be performed if the insurance companies allow the teardown, due to proof of loss or subrogation. If this cannot be done at this time, a light teardown of damaged parts should be able to be performed. In this example, you need to remove the hood latch/lock bolts to open the hood. Remember to take photos during this process. Step 4: Raise the vehicle up in the air. This is one of the most important steps, because there could be a lot of movement that can happen in the undercarriage. It has been estimated that as much as 40 percent of the structural damage can be ascertained by looking under a damaged vehicle! Look for any leaks, bends or kinks in the rails, floor pan or trunk floor. Look at the suspension mounting locations for any movement. Look at the exhaust mounts and heat shield mounting locations. Any movement in these locations would indicate structural movement. Any damages found should be photographed. Step 5: Now, it is time to set up your electronic measuring system. Follow the equipment maker’s procedures for the setup. Set up the measuring ladder on the Car-O-Liner stand, a table or adjustable portable stands. You will need to look up the vehicle specifications in your system and use the data for underbody, upper body and point-to-point to compare to the damaged vehicle. Attach the measuring arm to the bridge. Take four measurements in the center section of the vehicle to position the measuring system to the vehicle. You are now ready to take measurements. Starting with the first of the five important areas, measure the complete underbody. You will now measure the underhood area. Make sure to measure the strut continued on pg. 30 Your One-Stop Source for Genuine Toyota Parts and Accessories Serving All The South Shore For Over 36 Years ONE CALL STEP UP TO DOES IT ALL... 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Step 6: With all the visual investigations and measurements you have taken, you now can diagnose what is and what is not damaged. Add this to some research of OEM repair information, and you are ready to start writing an accurate damage report. There really should not be any surprises during the repair process, because you have performed a thorough investigation. There should not be a supplement needed, except maybe for parts price differences, some unforeseen part or perhaps an OEM change of what is available, such as a superseded part. Step 7: The vehicle should now flow though the shop easily without delivery issues, because you have conducted a thorough investigation and written an accurate estimate. Conclusion: If you follow the P&L theory of EME and 54, you can accurately ascertain all damages, have good production work flow, limit supplements and make safe, liability-free proper repairs. Your productivity will grow – along with your profit margin! * Additional consulting by Dave Demarest Jr. Mass./Rhode Island Larry Montanez is a former ICAR Instructor and is Co-Owner of P&L Consultants with Peter Pratti Jr. P&L conducts repair workshops on MIG & Resistance Welding, Measuring for Estimating and Advanced Estimating Skills. P&L also conducts investigations for insurers and repair shops for improper repairs. Montanez is an I-CAR Platinum Individual, I-CAR Steel WQT, I-CAR Aluminum WQT, ICAR Structural WQT, ASE Certified Collision Repair Estimator, ASE Certified Master Collision Repair/Refinishing Technician, ASE Certified Service Consultant, ASE EPA Reg. 609 A/C # 80982 MVAC, NYS Independent Adjusters Lic. # 749458, Toyota Prius Collision Trained, SAE Service Development Technical Committee Member and ASA Educational Member. Peter Pratti Jr. is an ICAR Program Instructor who is ASE Certified and holds certifications in various industry circles such as with Toyota, Spies Hecker and Chief Automotive. P&L can be reached by contacting Montanez at (718) 891–4018 or [email protected]. 30 February 2009 New England Automotive Report New England Automotive Report February 2009 31 South Shore Volkswagen 579 Washington Ave. Hanover, MA 02339 800-826-2203 fax: 781-829-3393 www.sscars.com Mattie Volkswagen 80 William S. Canning Blvd. Fall River, MA 02771 800-678-0914 fax: 508-730-1283 Scott Volkswagen 260 Newport Ave Rumford, RI 02916 401-431-0334 fax: 401-431-0358 e-mail: [email protected] VW of West Hartford 470 New Park Ave. West Hartford, CT. 06110 860-236-9164 fax: 860-523-5371 Patrick Motors 519 Washington St. Auburn, MA 01501 800-367-7222 fax: 508-721-2374 Boston Volkswagen 168 Western Ave. Allston, MA 02134 617-783-1477 fax: 617-783-6309 32 February 2009 New England Automotive Report Atamian Volkwagen 150 Main Street Tewksbury, MA 01876 978-851-4356 fax: 978-640-1511 AASP Member Benefit Update In Memoriam: Francis “Fran” Ricci continued from pg. 22 Francis “Fran” Ricci, father of CMARA President Tom Ricci, passed away on January 2 at the age of 83. A World War Two veteran, Ricci co-owned Ricci’s Farm Stand in Waltham for 50-plus years and also served as a volunteer in the local VFW post. He is survived by his wife of 62 years, Eleanor, two daughters, three sons, 13 grandchildren and seven great-grandchildren. Expressions of sympathy may be made in his memory to the Home for the Little Wanderers, 161 South Huntington Avenue, Boston, Ma. 02130. Tom Ricci recently shared some thoughts on his father with New England Automotive Report: “Fran Ricci was an amazing man,” he said. “He loved being a farmer and working with the soil. He had to leave school in the ninth grade to help his father on the farm. He was smart and resourceful in many ways, and he taught himself how to fix cars, trucks and tractors. He was also a carpenter, plumber, electrician, boiler repairman, greenhouse maintenance man and businessman. He even served his country in the Army. “He had a heart attack and strokes in 1997, but his love for his family and friends brought him back to health and work at Ricci Farms,” Ricci adds. “My dad was a very kind, loving and compassionate person always ready to help someone in need. He always tried to create peace for all around him. He was gentleman who touched everyone with his big heart. He was a loving husband, father, grandfather, greatgrandfather and friend to all.” CMARA, AASP MA/RI and New England Automotive Report offer the Ricci family our deepest sympathies. “If you’re not part of an association, your head is kind of stuck in your own business, and you really don’t know what anybody else is doing,” he says. “Quite frankly, if you’re not in a group like AASP, the shop down the street will look to you as a competitor. You don’t get a chance to work with other shops and collaborate, so you miss those opportunities,” he says.” Since 2002, Mitchell 1 has seen its AASP customer base increase by at least five percent each year. And with the collaboration still very active, that number is likely to grow even higher in 2009. “Our hope is to work better at the street level between the AASP affiliate and our local representation,” Boyington says. “We can market all day long, but if we can’t get the two organizations working together, our message is not as strong.” For more information on Mitchell 1, please visit www.mitchell1.com. Mass./Rhode Island Robertsons GMC Truck 2680 Cranberry Highway Wareham, MA 02571 PH: 800-554-2854 FAX: 508-295-4318 GM Truck Specialists Your Source for W Series and Medium-Duty Truck Parts (as well as every GM make & model car and truck) Serving all of Southeastern Massachusetts and Rhode Island New England Automotive Report February 2009 33 Cover Story Auto Body Reform 2.0 image ©istockphoto.com/DNY59 AASP MA/RI Responds to the Special Commission’s Report, Refiles the Labor Rate Bill by Joel Gausten In the world of Labor Rate Reform, there is no such thing as a quiet time. Proving that 2008 was indeed a busy year for the Massachusetts auto repair community, the second-to-last day of the year saw the release of the state’s Special Commission on Auto Body Labor Rates’ long-awaited report. Unsurprisingly, the 18-page document finally established in writing the ongoing dilemmas facing repairers and insurers in agreeing on what is fair and reasonable compensation for collision repair in the Commonwealth. When Polar Opposites Meet Reviewing the report, it is glaringly obvious that the collision repair and insurance industries have dramatically different takes on the same issue – as clearly displayed in the Commission report’s conclusion: There is no dispute that the auto body Labor Rate has not kept pace with increases in the Labor Rates in similar industries. The question is what, if anything, needs to be done at this time to remedy the situation. Those in the insurance industry advise a wait and see posture, to allow the Managed Competition of the Massachusetts private passenger automobile insurance market to determine the appropriate auto body Labor Rate. Those in the auto body business, however, feel that an increase in the Labor Rate is so overdue as to neces- sitate an immediate increase. Expanding on their oft-maligned “wait and see” approach in light of “Managed Competition,” the insurance industry representatives on the Commission presented the following summary: With a competitive automobile insurance system in its infancy, several components comprising the premium dollar, including the body shop Labor Rate, that have been so heavily regulated will need time to react to the new competitive landscape. The best method for allowing the system to develop into a healthy market is to provide time for it to recover and to achieve equilibrium within the context of competitively set auto insurance rates. To force the Labor Rate into a fixed and established rate-setting mechanism is not advisable, as it compromises such a sizable component of the auto insurance premium that much of the premium dollar would again be fixed by the state. The market should be given time to work to find equilibrium for the mutual benefit of shops, insurers and most importantly, consumers. Naturally, the collision representatives couldn’t have disagreed more, opting instead to stress the importance of introducing a new rating system to determine suitable rates for body shops: New England Automotive Report February 2009 35 Cover Story The collision industry urges the legislature to pass legislation that includes the major provisions in the original Auto Body Labor Rate Bill, H1085. We believe that testimony offered during the recently concluded hearing proves, without a doubt, that waiting for the forces of a free market to develop for Labor Rates will not solve the problem that virtually all witnesses acknowledged. We feel the nature of the market for Labor Rates is controlled so tightly in all aspects by one party – from the initial appraisal to the final payment, and all ac- “The free market doesn’t work, and it hasn’t worked for as long as I’ve been around. And it’s not going to work when a third party is picking up the tab.” ~ AASP MA/RI President Rick Starbard tions in between – that no force, except for the force of law, can be a counterbalance to that control. In simple terms, the insurance industry is the only party that can change the situation and, because it holds the ultimate power as the payer, fair and meaningful Labor Rate reform will not take place without the force of law. Therefore, we request that the legislature adopt a tiered rating system for registered collision shops as well as minimum allowable amounts for those rated shops for all categories of labor to be determined by using the national average and indexing it to the Massachusetts labor market according to a multiplier that would be determined from reports from the Bureau of Labor Statistics of the US Department of Labor. Further, we recommend that all of the above actions be regulated, managed and executed by an autonomous commission of the Commonwealth that is fully funded by fees paid by the collision industry and the auto insurance industry, according to the provisions in the original legislation, and that labor rates for rated shops be reviewed and updated at least every three years according to the above formula. Despite the drastic disparity of the above philosophies, 36 February 2009 New England Automotive Report Commission members nonetheless agreed to establish three recommendations to address the Labor Rate debate: 1. The Commission recommends that as soon as the data for auto body Labor Rates through June 30, 2009 becomes available, the General Court should review it to determine what effect, if any, the implementation of Managed Competition has had on the auto body Labor Rate paid by insurance companies to auto body shops located in Massachusetts. The representatives of the auto insurance and auto body industries agree that the CCC Information Service’s “Crash Course” and Mitchell International’s “Industry Trends” reports will be utilized as the primary national source for Labor Rate statistics. The Commission also recommends that the other sources of information such as Collision Repair Industry Insight as well as appraisals generated by insurers to consumers and/or repairers to track movement in Labor Rate be utilized. These reports are produced quarterly and annually. They detail the average Labor Rate paid nationally and by state. Also included in these reports is the average number of labor hours per repair, both nationally and by state. 2. The Commission recommends that the General Court then consider whether or not alternate methods, including legislation, are necessary to ensure that the Labor Rate insurers pay to auto body shops for repair of damaged motor vehicles is fair and reasonable as a result of the transition to Managed Competition in Massachusetts motor vehicle insurance. representatives from the motor vehicle insurance industry to discuss and identify best practices and any other actions that will improve the accountability and quality of services that both industries provide to customers whose motor vehicles are damaged. The Industry Reacts… and Takes Action For Labor Rate Commission member and AASP MA/RI President Rick Starbard, the release of the report ushers in a new era for the long-running (and, as many shop owners say, exhausting) Labor Rate campaign. “This addressed Labor Rates like they’ve never been addressed before, so it definitely put some things into action,” he says. “For a shop owner who’s not heavily involved in it, the firstglance response may be, ‘Eh, what did they do? The bill didn’t get passed and it didn’t classify shops.’ Yet, when you look right at it, we should at least see continued on pg. 41 At Enterprise, You Always Know Where You Stand. There’s a place where the number one priority is you. That’s why no matter what the season, no matter what the reason, you can always count on Enterprise. 3. The Commission recommends that representatives of the auto body repair shop industry meet bi-monthly with New England Automotive Report February 2009 37 38 February 2009 New England Automotive Report New England Automotive Report February 2009 39 40 February 2009 New England Automotive Report Cover Story continued from pg. 37 some action before June. But if the rate increases are minimal – just a few dollars – I don’t think that’s enough, and I think it would help us make a strong argument to go back to the legislature and say, ‘See? They threw pennies at us to try to make the problem go away.’” Starbard’s sentiments ring true for CMARA President Tom Ricci, who also served on the Commission. “We need Labor Rate relief, and I’m not talking about $2 an hour or getting some sort of sizeable increase in labor and then having it taken out in procedures,” he says. “We’re talking about a realistic Labor Rate increase or an RROI, a ‘Reasonable Return on Investment.’ We are, as body shop owners, all in survival mode, and we need relief to get beyond the poor ROI that exists in Massachusetts today. After eight to 10 years of no Labor Rate change, one can easily imagine what the rate should be.” While the report succeeds in getting the ball rolling, both AASP MA/RI and CMARA agree that the recommendations brought forth in the documents may only be achieved with a healthy legislative push. In mid-January, both associations joined forces to re-introduce the Labor Rate Bill in the Senate. Armed with the services of veteran Massachusetts lobbyist Martin Corry of Corry Associates, the industry’s latest State House campaign seeks to move above and beyond the goals outlined in the report. “The report just touched on Labor Rate; it didn’t get into the classification of shops or any mechanism to re-address rates,” explains Starbard. “If an insurance company does increase its rate $10 an hour, what’s to say that rate would still be $10 higher 20 years from now? We’ll be right back to where we are now. The bill took care of that.” “[Insurers] have said that the market can solve the problem; we argue that no realistic market is going to emerge on Labor Rates in Massachusetts, regardless of the relaxing of regulations on premium rates and/or the repeal of the cost containment regulation,” adds AASP MA/RI Executive Director Peter Abdelmaseh. “We’ve been around long enough to know that [insurers] likely won’t change unless there is the force of law or the threat of force of law. Therefore, while the Commission’s report defines what could happen, we still feel we have to do this no matter what.” “We cannot wait for the report’s due date of June 30, because we just can’t sit here and think that it is the solve-all,” adds Ricci. Still in the Game With the Labor Rate legislative effort entering another year, industry leaders are hopeful that shops owner, managers and employees will continue their efforts at the State House and beyond. Although fatigue has set in for many after years at the negotiating table, Ricci is quick to remind his members that the greatest fight may still be ahead. “It has been exciting and rewarding, but it’s also been frustrating at times,” Ricci says. “I’m not willing to give up on anything, and anybody who’s been involved in this process continues to fight and fight hard. As an owner, I want to see instant gratification; as someone who’s been involved in this thing, I realize there is no instant gratification in dealing with legislators, insurance companies and commissions.” In Abdelmaseh’s mind, the report offers yet another opportunity for repairers to make their call for true oversight in rate setting heard in the legislature. “We’re going to build on the momentum we had, especially in the Senate, and work on building popular support for the bill,” he says. “We didn’t get in this to get relief; we got in this to get reform,” he adds. “They are two very different things, and we will still argue the reform issue so long as it’s pertinent.” Of course, there is still the matter of Managed Competition. With Insurance Commissioner Burnes’ controversial system hitting its one-year mark only weeks before the Commission’s six-month review period expires, questions regarding the validity of a de-regulated insurance market in Massachusetts will surely escalate. Will a free market indeed prove beneficial to the financial wellbeing of the collision repair industry, or will insurers need a legislative incentive to raise their Labor Rates? With a Commission report on one side of his desk and the latest version of his association’s legislation on the other, Starbard believes this question can only be answered one way: “The free market doesn’t work, and it hasn’t worked for as long as I’ve been around. And it’s not going to work when a third party is picking up the tab.” The complete Commission report can be viewed at www.mass.gov/Eoca/docs/autobodyrates/finalreport20081 230.pdf. 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WORCESTER, MA 01606 888-772-8886 FAX:508-595-3232 www.harr.com SENTRY WEST LINCOLN MERCURY 940 Boston Turnpike Rt.9 SHREWSBURY, MA 01545 508-281-8173 FAX:508-845-4775 [email protected] STEVENS LINCOLN MERCURY 739 BRIDGEPORT AVENUE MILFORD, CT 06460 203-876-6464 FAX:203-876-5982 www.stevensautogroup.com © 2005, Ford Motor Company New England Automotive Report February 2009 43 CMARA Update by Joel Gausten Labor Rate Commission Prompts Hope, Apprehension With the December 30 report of the Massachusetts Special Commission on Auto Body Labor Rates now hitting the computer screens of shop owners throughout the Commonwealth, members of the Central Mass Auto Rebuilders Association are greeting the document with a heavy dose of guarded optimism. After testifying in front of the Labor Rate Commission last fall on behalf of the auto body repair industry, Al Brodeur of Al Brodeur’s Auto Body (Marlborough) looks at the recommendations found in the long-awaited report with skeptical eyes. “It just seems to be smoke and mirrors to me, to be honest,” he says. “It’s all well and good, but that’s another six months down the road, and it doesn’t assure us of anything, really. [But] there is something at least moving forward, and that’s what I’m happy about. Something is getting done rather than nothing. What bothered us in the past was that absolutely nothing was getting done, and no one was doing anything to help us. “As long as there are referral shops, and people willing to do work for a low Labor Rate, there is absolutely no motivation for the insurance companies to go up on their rates,” he adds. Brodeur’s daughter, Molly, who also testified before the Commission, is also concerned that the report’s six-month review timeframe may further prolong an increase in Labor Rate payments. “I do think it’s a good step that there is at least a set date for some kind of review happening, but it’s six months away,” she offers. “In our minds, this has been going on for the better part of 20 years. The thought of having to wait longer again makes us feel like we’re never going to see the end to this.” Walter Thomas, longtime Massachusetts industry advocate and CMARA past president, also remains unconvinced that the report will prove successful in prompting insurers 44 February 2009 New England Automotive Report to do the right thing. “One thing that jumps off the page is the recommendation that the insurance companies try to rectify the problem and raise the rate at fair market value,” he says. “Is that going to happen? I doubt it.” As members of the Massachusetts collision community wait to see what, if anything, will ultimately come of the report, others are quick to point out that the report’s existence should at least be considered a significant milestone. “It’s progress; it’s certainly better than doing nothing at all,” offers CMARA Vice President Tom McClements, Jr. “With the auto body industry, the insurance industry and the legislature all being represented and working together for what would appear to be a common goal, it’s exciting and an opportunity to build bridges of communication between the three to try to make the industry better for all parties involved.” In the month ahead, McClements will be joining his fellow CMARA members in promoting the recently reintroduced Labor Rate Bill - which may serve to keep insurers focused on the Labor Rate issue if the report’s recommendations fail to come to fruition. “The bill would reinforce the absolute need from our industry to have some type of meeting of the minds, or have some type of reconciliation to a major issue that’s been going on for quite some time,” he says. Above all, McClements strongly encourages his membership to remain vigilant in promoting a fair and reasonable Labor Rate after 20 years of resistance. “Rome wasn’t built overnight, and I don’t expect the gaps in communication that the two industries have had between them to be remedied overnight, either,” he says. Unsurpassed Quality. Genuine Hyundai Parts. HYUNDAI IS PROUD OF ITS REPUTATION FOR QUALITY AND SERVICE. SO ARE THE DEALERS AND BODY SHOPS WHO RELY ON GENUINE HYUNDAI PARTS. TO MAKE CERTAIN THAT YOU GET THE RIGHT HYUNDAI PART, ASK FOR THE WHOLESALE PARTS SPECIALIST AT THESE FINE DEALERS. Buy Hyundai Parts. For Genuine Hyundai parts, contact these Authorized Hyundai Dealers. GRAPPONE HYUNDAI 506 ROUTE 3A BOW, NH 03304 PH: 603-226-7099 FAX: 603-226-3612 EMAIL: [email protected] ROUTE 44 HYUNDAI 1094 NEW STATE HWY. RAYNHAM, MA 02767 PH: 508-824-7600 FAX: 508-824-7941 WEBSITE: www.route44hyundai.com CLAY HYUNDAI 391 PROVIDENCE HWY. 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