Greater Tidewater Chapter137

Greater Tidewater Chapter #137 National Association of

Women in Construction

Gold Sponsor

NEWSWIRE
International Flooring &
Protective Coatings
www.internationalflooring.com

Visit Us On The Web!!

August 2009 www.nawic-greatertidewater 137.org

President’s Message
Arlene Klinedinst, CIT
Inside this issue:
2008-2009 Chapter President

The dog days of summer are upon us. So, I hope Tough Layoffs in a 2
that you and your families have been able to take a nice Tough Economy
summer vacation or otherwise stay cool.
CHAPTER GOLD Access Scholarship / 3
Community Benefit
Although our NAWIC fiscal year is winding down SPONSOR
and officially ends September 30, 2009, there is still a Summer Social RSVP 4
lot of opportunity for fun and service to our Chapter in
August and September. Your new officers and direc-
tors will be installed into their new offices on Septem- Construction Industry Calendar 5
ber 16, 2009, during our Chapter’s annual Construction
Industry Appreciation Night. We also will acknowledge Appreciation Night
our scholarship and tradeswomen grant recipients that September 16th Board of Directors & 6
night. Each Chapter member is entitled to one free
Our Chapter’s Industry Appreciation Night Contact Information
“guest” pass for her boss to attend the event. Please
forward the names of your bosses to Jenny Davis as and Installation of Officers ceremony will be held
soon as possible so that formal invitations may be sent on Wednesday, September 16, 2009. Jenny Davis,
Hourigan Construction, is helping to coordinate
during the next week.
this event.

The August meeting, which is a members-only
affair, also will include a collection of funds to donate to
the local Habitat for Humanity organization. The Chap-
ter will be making a monetary donation to Habitat, so
we are asking each member to make a small personal
donation to Habitat, since there is no dinner meeting
fee this month.
Each NAWIC member is entitle to invite
one “boss” (or company representative). The
“boss’s” meal will be compliments of the Chapter
as a way to express our appreciation for their sup-
port throughout the year. Please email Jenny
(jcdavis@houriganconstruction.com) with the full
name and title of your “boss” and include an ad-
dress if it differs from that on file for you.

We also will have an installation of new members More information on this event will be dis-
at the August gathering. Please be sure to send your tributed in the coming weeks.
RSVP notices to Julie McClung, including the side dish Mark your calendar:
or dessert you would like to bring, before August 14. It
will be a great evening of fun, fellowship, networking,
swimming, eating, drinking, and giving back to the com- August
munity.
19th Summer Social
26-29 National Convention
Please volunteer your time and talent generously
to our professional association when President-Elect
Debbie Knight calls or emails you about committee
service. I am sure that we will achieve even more next
year than we have this year. Your new leadership is
committed to making our Chapter the best one in this
Region.

See you on August 16!

Summer’s Short, Go to the Beach!!
 Newswire, August 2009 Edition
Tough Layoffs in a Tough Economy
Arlene Klinedinst,
Vandeventer Black, LLP
Almost every week we hear about another company,
municipality, or non-profit agency laying off employees. Con-
struction companies have been particularly vulnerable to the
sluggish economy in late 2008 and through 2009. If employee
layoffs are a necessary evil of our current economy, then em-
ployers should not compound their problems by making layoff
decisions that create the risk of liability for employment law
claims.
Employers should view “layoffs” in the same way they
view any other termination of employment: a possible liability-
creating event. Of all possible types of personnel decisions,
terminations are, by far, the number one subject of EEOC
charges and lawsuits by former employees against employers.
Construction companies may be bound by collective
bargaining agreements (“CBAs”) with unions, or by written
contracts with their employees. These documents must be
followed when making layoff decisions. Under most CBAs,
employers may lay off employees, when financially necessary, at
management’s discretion. However, the manner in which em-
ployees are laid off generally is governed by specific sections of
the CBA, which usually require that the least senior employees
(either company-wide, or by job category) be laid off first.
Written employment contracts with employees may contain
employer restrictions on terminating the employees, even if the
reasons are economic in nature. So, employers contemplating
layoffs must first consult their CBAs and written employment
contracts before taking action.
Employers of “at-will” employees must avoid letting
emotions or assumptions influence their layoff choices, even
when they are not bound by any legal contract. Employers
should make sure that they have legitimate business reasons for
the layoffs. If the reasons are economic, then employers
should be able to document the reduction in business that has
prompted the layoff. But, employers must also be able to
document their business reasons for laying off Employee A,
instead of Employee B. Having such legitimate, documented
reasons for terminating specific individuals will help employers
defend any discrimination or wrongful termination claims.
Layoff decisions based strictly on company seniority,
within given job categories, often will constitute a valid defense
to any type of discrimination or wrongful discharge claim made
by the employees who are affected. Other business-related
criteria for choosing certain employees for layoff may also in-
clude, but are not limited to, past job performance, attendance,
job knowledge, education, temporary or part-time status, and
training. If any of these factors are used in deciding which em-
ployees to keep and which to lay off, the company should make
sure it has documentation of such factors for each individual
considered. Using factors such as race, sex, religion, national
Page 2
origin, color, age (40 or older), disability, marital status, preg-
nancy, genetic characteristic, or, in some jurisdictions, sexual
preference, to make layoff decisions, is unlawful under state or
federal law. For example, you risk liability if you choose to lay
off female Employee A rather than an equally qualified, compa-
rably skilled male Employee B because Employee A’s spouse
works outside the home (and she “doesn’t need the money as
much”) but Employee B’s spouse does not. Further, even if an
employer’s layoff criteria are business-related, it could have a
disparate impact on a certain group of employees, which also
could create liability for a discrimination claim.
Two other federal laws often are triggered when layoffs are
necessary: the Worker Adjustment and Retraining Act
(“WARN”) and the Age Discrimination in Employment Act
(“ADEA”). WARN applies only to employers with 100 or more
employees, and requires advance plant closing or layoff notices to
employees in certain circumstances. Generally, an advance
WARN notice must be given to employees if 50 or more employ-
ees are terminated within any 30-day period. The penalties for
WARN violations are severe. So employers contemplating a
large reduction in force should consult legal counsel to make sure
they comply with the many specific WARN requirements.
Under ADEA, if employers ask the employees who are
being laid off to sign a waiver of claims as part of a severance
package (or for some other reason), such employees must be
given certain ADEA notices if they are age 40 or over. If a single
employee is involved, he or she must be told in writing to seek
legal counsel, must be given 21 days to consider the waiver, and
must be given 7 days to repudiate the agreement/waiver after
signing it. If more than one employee in a group or class of em-
ployees is offered a waiver as part of an exit incentive or termina-
tion plan, they must be given 45 days to consider the waiver, ad-
vised to consult counsel, and given other specific information
about the layoff decisions made by the company.
Finally, there are alternatives to layoffs that companies may
consider during this economic recession. These include unpaid
vacations or sabbaticals, salary reductions for all employees at a
relatively small percentage point (i.e., everybody shares the suffer-
ing), reduced work weeks for non-exempt employees, hiring or
pay raise freezes, reducing or suspending company matching con-
tributions to 401(k) plans, raising health care insurance premium
contributions by employees, controlling or eliminating overtime,
or offering “early retirement” incentives.
If alternatives do not work for your business, then layoffs
may be unavoidable. But you can avoid the risk of liability for
unlawful layoff decisions by planning ahead, documenting the busi-
ness reasons for the layoffs, and consulting legal counsel in ad-
vance.
Newswire, August 2009 Edition Page 3
Newswire, August 2009 Edition Page 4
 Newswire, August 2009 Edition Page 5

Schedule of Events August 2009

Sun Mon Tue Wed Thu Fri Sat
Meetings / Conferences:
19h Summer Social
26-29 National Convention 1
Important Dates:
2 3 4 5 6 7 8
August Birthdays:
3rd Beth Brooks 9 10 11 12 13 14 15
11th Donna Shephard
17th Debbie Knight
20th Sandra Ross
20th Terri Woodington-Leitner
16 17 18 19 20 21 22
28th Lisa Jeannine Eure
31st Bonnie Fowler
23 24 25 26 27 28 29
August (no Anniversaries)

30 31

Faces of the Industry

I need your help with the "Faces of the Industry"
article for the upcoming issue of the NAWIC IMAGE.
Faces of the Industry is a one-page article that features
quotes and pictures from three to four NAWIC mem-
bers. The quote is in response to a question we ask.
Please forward this information on to your chapter presi-
dents/members.
The issue's theme is Architecture & Engineer-
ing. Some of the topics we will touch on in this issue will
be Green Building, America's architecture, Career
Success in Engineering, Modular Construction and
BIM Technology.
I've sure gotten old! I've had two bypass surgeries,
a hip replacement, new knees. Fought prostate cancer
and diabetes. I'm half blind, can't hear anything quieter
than a jet engine, take 40 different medications that
make me dizzy, winded, and subject to blackouts. Have
bouts with dementia. Have poor circulation; hardly feel
my hands and feet anymore. Can't remember if I'm 85
or 92. Have lost all my friends. But, thank God, I still
have my driver's license.

This issue's question is: "How has female leadership

impacted the success of your company?"

Please send quote (max. 125 words)

to michellem@nawic.org by Aug. 10. If quote is selected
a hi-resolution (300 dpi) picture of member will be
needed for article.

Thank you!
Michelle Milner
NAWIC Communications Assistant
 Greater Tidewater
Chapter137
National Association of NAWIC Mission Statement
Women in Construction
“NAWIC” is an international association of women employed in the
construction industry which promotes that industry and supports
CONTACT US AT: the advancement of women within it.”
Greater Tidewater Chapter #137
National Association of Women in Construction NAWIC Objectives
P.O. Box 503
Norfolk, Virginia 23501
To Unite for their mutual benefit, women who are actively em-
ployed in the various phases of the construction industry.
To promote cooperation, fellowship, and a better understand-
WE’RE ON THE WEB! ing among members of the Association.
www.nawic-greatertidewater 137.org To encourage women to Pursue and establish their careers in
the construction industry.
To provide members an awareness of the legislative process
and legislation as it relates to the construction industry.
NEWSWIRE SUBMISSIONS:

Please submit all information in Microsoft NAWIC Pledge

Word format to:
As material for the construction of our building,
I pledge the agility of my hands,
vbirckbichler@sussexdevelopment.com The ability of my mind,
And the integrity of my heart.
Submissions are due the first day of the
month for that month’s publication.

NAWIC National Greater Tidewater Chapter #137

CONSTRUCTION 2008-2009 Board of Directors 2008-2009 Board of Directors
DICTIONARIES President President
Pat McDonald, CCA, CIT Arlene Klinedinst, CIT
This 9th Edition Hardbound Book President-Elect Vice President
Contains: Robin Meyer, CIT Deborah Knight, CIT
Vice President Treasurer
Debra Gregoire, CIT Donna Shephard
Treasurer Recording Secretary
• 17,000 Construction Definitions
Cindy Johnson, CDS, CIT Sherese Whitfield
• Trade Association Listings Secretary Corresponding Secretary
• Construction Related Govern- Judy DeWeese, CIT Jenny Davis, CIT
Immediate Past President Immediate Past President
ment Agencies Tamie Taylor, CDT, CIT Ann Mears
• Conversion Factors Directors Directors
Region 1: Helen Eck Emily Ansell
• Weight & Measures in Metric & Region 2: Anne Welch, CIT Gloria Harris
US Region 3: Riki Lovejoy-Blaylock LeeAnn Old
• Soil, Asphalt, Concrete and Region 4: Janet Sullivan, CCA, CDS, CIT Wanda Piland
Region 5: Frankie Lee Rivers, CIT Christine Swanson, PE, FPE, CFPS
Timber Data Region 6: Anne Houchin
Region 7: Julia Campbell
Region 8: Linda Champlin-Frank, CIT
The cost is $65 plus S&H Region 9: Yasmine Branden, CCA
To order visit: Region 10: Shawna Alvarado, CIT
Region 11: Shirley Horne, CIT
Region 12: Ellen Colglazier
www.constructiondictionary.com Region 13: Robin Clarke, CIT
Region 14: Carol Henry, CCA