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Dear PEI Member:

What will the new Congress and the Obama administration do when they assume power on January 20? Topping the list of business issues—and organized labor's priorities—is the mis-named Employee Free Choice Act (EFCA) or "card check" legislation. That legislation would effectively eliminate secret ballot elections in union organizing campaigns and subject employers to binding "interest" arbitration in negotiating first contracts.

Under current law, if a union conducting an organizing campaign obtains the signatures of 30 percent of the workers in the workplace indicating interest in being represented by a union, the employer may call for a federally-supervised election in which all employees can vote by secret ballot on whether they wish to be represented by a union.

The Employee Free Choice Act would dramatically change that process. If EFCA is enacted:

• A union conducting an organizing drive would be immediately and automatically recognized as the certified collective bargaining agent if it is able to persuade 50 percent-plus-one of the employees in a workplace to sign authorization cards;
• Workers would have to indicate publicly—to union organizers—whether they are willing to sign cards and employers could no longer insist on an election;
• After a successful card check campaign, employers would have only 120 days to reach a collective bargaining agreement with the union. After 120 days, negotiations would be referred to a third-party arbitrator who would decide the terms of the agreement. That agreement would be binding on the employer for two years;
• New and severe penalties would be imposed on employers for unfair labor practices, with no new penalties on unions for similar violations;

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• Card check campaigns are very cost-efficient for unions, enabling them to spend little time and resources in the effort and making it practical for them to target small workplaces in weekend-long campaigns; and
• Card check efforts allow the unions to organize using "unit manipulation"—a tactic by which they obtain cards from as many employees as possible in a short period of time (often over a weekend) and then sort the signed cards by job title or work assignment. If more than 50 percent of the workers in any subset within that workplace signed cards, the union submits just those cards and becomes bargaining agent for that group of workers.

Card check legislation is expected to move in the House of Representatives soon. With passage in the House ensured by the Democratic gains in the 2008 elections, EFCA will move to the Senate where every vote will count (including those from Illinois and Minnesota). While EFCA can be defeated in the Senate, business absolutely must stay engaged on the issue to ensure that outcome. PEI will send issue updates as the legislation moves through the Congressional process.

SHWEDO BECOMES PEI'S 59th PRESIDENT; APPOINTS COMMITTEES
Blair D. Shwedo, president of SouthEastern Petroleum Systems, headquartered in Charlotte, North Carolina, became the 59th president of the Petroleum Equipment Institute on January 1. He succeeds Bruce Larson, president of The Oscar W. Larson Co., Clarkston, Michigan, in that post. Peter H. Ward, president of Glasgow Equipment Service, Inc., West Palm Beach, Florida, is PEI's vice president for 2009.

One of Shwedo's first duties was to appoint committees for 2009. In all, 151 people were named to serve on 18 PEI committees, and 19 individuals were appointed to a PEI committee for the first time.

We appreciate the willingness of all committee members to contribute their time and talent to serve the association and the industry. Many PEI committees welcome new members each year. If you are interested in serving on a committee in the future, contact me at rrenkes@pei.org. Here is a complete list of members who have agreed to serve on the Institute's committees in 2009.

Convention Advisory Committee.  This committee is responsible for making recommendations to the PEI Board of Directors and staff regarding the PEI convention.
Craig C. Porter, PorterAscs, West Chester, PA, chairman
Eva C. Chambers, VeederR, Simsbury, CT
Brenda Jane Johnstone, Conv&Carwash, Winnipeg, Canada
Fred W. Jones, WestechEqp, Salt Lake City, UT
Jodi McDonald, OilEqpWI, Madison, WI
Mickey Meyer, MMSerEqp, Silver Grove, KY
Ron Sledd, Jr., Beneficial, Jetersville, VA

Education Committee. Responsible for planning seminars, surveys, industry manuals, convention sessions, and other educational programs for PEI members.
Michael Shelby, SouthernAR, North Little Rock, AR, chairman
Derrick Biermann, Biermann, Chicopee, MA
Stephen E. Dixon, Hoidale, Wichita, KS
Phil Farrell, DoublCheck, Kansas City, MO
Jim Lintol, OWLarsonCo, Clarkston, MI
Christine Schutt, TriCntyFL, Davie, FL
William L. Smith, Smith&LaM, Monson, MA
Steve Trabilsy, Accurate, North Aurora, IL
Brian A. Travis, EatonS&S, Denver, CO

Election Committee. Supervises board elections and tabulates ballots. Members of this committee are established by the PEI Constitution.
J. Stephen Hieber, PWIinc, New Oxford, PA, chairman
Calvin Bishop, D&HPumpSer, El Paso, TX
Bruce Larson, OWLarsonCo, Clarkston, MI

Executive Committee. Composed of the president, vice president, immediate past president, and two members of the board of directors, this committee is established by the PEI Constitution and makes interim decisions on behalf of the board.
Blair D. Shwedo, SEPSinc, Charlotte, NC, chairman
Peter H. Ward, Glasgow, Riviera Beach, FL
Bruce F. Larson, OWLarsonCo, Clarkston, MI
Al Eichorn, PMPCorp, Avon, CT
Duane Grippe, ODayEqpCo, Fargo, ND

Insurance Committee. This committee monitors the association's insurance programs and legislation that impacts the insurance needs of PEI members.
J. Stephen Hieber, PWIinc, New Oxford, PA, chairman
Larry Gentry, GentryCo, Lafayette, IN
John T. Hardin, Hardin’s, Winston-Salem, NC
Fred W. Jones, WestechEqp, Salt Lake City, UT
Mark A. Leak, LeakPtrEqp, DeWitt, MI
William Mascott III, MascottEqp, Portland, OR

Safety Committee. Plans programs and publications (SafetyLetter, Safe Practices, Dos and Don'ts, safety posters, etc.) for use by members to enhance public and workplace safety.
Charles Burns, OWLarsonCo, Clarkston, MI, chairman
Mark Barron, PtrSolutns, McAllen, TX
Linda Boutin, SerStaSys, San Jose, CA
Brian Derge, Tanknology, Austin, TX
Glenn E. Farmer, D&HPumpSer, Amarillo, TX
Mike Hays, DoublCheck, Kansas City, MO
Arnold Hughes, Petroserv, Mount Pearl, Newfoundland, Canada
Art Sodermark, Platinum, Clermont, FL
Greg Spiros, SuperiorEq, St. Louis, MO
Drew Tyo, JonesFrank, Raleigh, NC

Strategic Long Range Planning Committee. Established by the PEI Constitution, this six-person committee is composed of the president, vice president, treasurer, and three immediate past presidents. It develops long range plans and objectives, and serves as an advisory group to the PEI Board of Directors.
Bruce Larson, OWLarsonCo, Clarkston, MI, chairman
Blair D. Shwedo, SEPSinc, Charlotte, NC
Peter H. Ward, Glasgow, Riviera Beach, FL
Dennis Rethmeier, WesternPmp, San Diego, CA
Calvin Bishop, D&HPumpSer, El Paso, TX
J. Stephen Hieber, PWIinc, New Oxford, PA

Young Executives Committee. The committee establishes and develops programs for members of the Young Executives Committee.
Blake Bammer, GuardTech, Jacksonville, FL, chairman
Liz Bonelli, Omntec, Ronkonkoma, NY
Lee Geurts, Krueger, Green Bay, WI
Shawn Kiefer, DixonPumps, Billings, MT
Matthew Koziel, OWLarsonCo, Clarkston, MI
Dan O’Day, ODayEqpCo, Fargo, ND
Christopher M. Tiso, ASTEnvSer, Sparta, NJ

Aboveground Tank Installation Committee. Responsible for PEI's Recommended Practices for Installation of Aboveground Storage Systems for Motor-Vehicle Fueling (RP200) and for monitoring technical developments related to the installation of these systems.
Kirk N. Mercer, MercerCo, Jackson, MI, chairman
John Albert, MDA, Jefferson City, MO
Steve Bernstein, JonesFrank, Charlotte, NC
Robert E. Bonnewell, BTCSer, Inc., Blair, WI
Jeanne Murphy Murck, CoreEng, Herndon, VA
Mike Raymond, MascottEqp, Seattle, WA
Mark Sisco, EastCstAsc, Roseland, NJ
Bill R White, D&HPumpSer, Lubbock, TX
Timothy K. Woofter, Stanwade, Hartford, OH

AST Overfill Protection Committee. Responsible for developing and writing PEI's Recommended Practices for Overfill Prevention for Shop-Fabricated Aboveground Storage Tanks (RP600).
Sonny Underwood, MidSouth, Cape Girardeau, MO, chairman
John Albert, MDA, Jefferson City, MO
Tracy Barth , MFAOil, Columbia, MO
Terry Cooper, Acterra, Marion, IA
Brad Holmes, ClayBailey, Kansas City, MO
Phil Myers, Chevron, San Ramon, CA
Alfred Reid, BrowardEPA, Ft. Lauderdale, FL
Dana Schmidt, STI, Lake Zurich, IL
Jeff Smith, LiquidAuto, Alpharetta, GA

Bulk Plant Construction Committee. Responsible for developing and writing PEI's Recommended Practices for the Installation of Petroleum Bulk Storage Plants (RP800).
Terry D. Cooper, Acterra, Marion, IA, chairman
George Boyazis, IPP, St. Augustine, FL
A. Roy Creley, LakesReg, Belmont, NH
Wayne Geyer, STI, Lake Zurich, IL
Mark L. Lipa, Neumayer, St. Louis, MO
Dave Mac Donald, PrvntSpill, Huntington, IN
William C. Morgan, CollinsEqp, Cleveland, OH
Charlene Numrych, LqdCntrols, Lake Bluff, IL
Brian Savage, SavageAscs, Berkeley Heights, NJ
John Steward, Blackmer, Grand Rapids, MI
Rick Zillig, Morrison, Dubuque, IA

Electrical Continuity Testing Committee. Responsible for writing PEI's Recommended Procedure for Testing Electrical Continuity of Fuel-Dispensing Hanging Hardware (RP400).
Blair D. Shwedo, SEPSinc, Charlotte, NC, chairman
Richard Benscoter, HuskyCorp, Pacific, MO
Craig Boche, Goodyear, Norfolk, NE
Bruce W. Bragg, Catlow, Tipp City, OH
Clark Conklin, NebrStFM, Lincoln, NE
Mike Conner, QuikTrip, Tulsa, OK
Brent Erekson, CochisePtr, Phoenix, AZ

Fuel Dispensing Equipment Committee. Responsible for writing PEI's Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment (RP500).
Joey D. Batchelor, Guardian, Jacksonville, FL, chairman
Dick Basham, IRPCOinc, Poca, WV
Bruce W. Bragg, Catlow, Tipp City, OH
A. Roy Creley, LakesReg, Belmont, NH
Bobby Dutcher, AtlPtrEqp, Tucker, GA
Jim Howard, Hess, Woodbridge, NJ
Larry Hunter, CircleK, Charlotte, NC
Gordon Johnson, Gilbarco, Greensboro, NC
Joseph Laschke, HuskyCorp, Pacific, MO
Glen Mulder, DRWService, Chicago Heights, IL
Gary E. Stewart, TotalPro, Rialto, CA
Charley Sunderhaus, OPW-FC, Cincinnati, OH

Marina Installation Committee. Responsible for writing PEI's Recommended Practices for the Installation of Marina Fueling Systems (RP1000).
Paul Doyle, PtrMarine, Wellington, FL, chairman
Charles S. Allsopp, 1stPtrSer, Raleigh, NC
Joey D. Batchelor, GuardTech, Jacksonville, FL
Steve Brandt, MidStateMO, Hallsville, MO
Jason S. Carr, Whitford, Portsmouth, NH
Laura Chaddock, CSWRB, Sacramento, CA
Ray DeLorenzo, AtlPtrEqp, Tucker, GA
Arthur H. Hoffman, HoffmanNJ, Neptune City, NJ
Charles Hubbard, OilEqSS-VA, Chesapeake, VA
Stephen W. Klesic, UntdEnvPA, Sewickley, PA
Louis Marcelli, PEICONC, Wilmington, NC
Ryan Rethmeier, WesternPmp, San Diego, CA
Ernest M. Roggelin, FLDeptHealth, Clearwater, FL
Jeffrey Underland, PtrSersMD, Baltimore, MD

Tank Installation Committee. Responsible for PEI's Recommended Practices for Installation of Underground Liquid Storage Systems (RP100).
Leland M. Freeman, PtrSolutns, Inc., Victoria, TX, chairman
Mark Babcock, AdamsFogg, Falmouth, ME
Blake Bammer, GuardTech, Jacksonville, FL
Michael W. Farmer, FarmerCo, South Williamsport, PA
Duane Grippe, ODayEqpCo, Fargo, ND
Maurice J. Hubbard, JMPSoltns, Fort Myers, FL
Michael Mizicko, WesternPmp, Inc., San Diego, CA
Jim O’Day, ODayEqpCo, Fargo, ND
David Piercey, JD2Env, West Chester, PA
Peter Rollo, DNREC, New Castle, DE
Tim Smith, USEPA, Washington, DC
Kevin Strenke, SEPSinc, Charlotte, NC
Greg Thomas, CEThomasCo, Gardena, CA
Bill R White, D&HPumpSer, Lubbock, TX

UST System Inspection and Maintenance Committee. Responsible for developing and writing Recommended Practices for Inspection and Maintenance of UST Systems (RP900).
Brad Hoffman, Tanknology, Austin, TX, chairman
Scott C. Boorse, Wawa, Wawa, PA
John Burwell, Xerxes, Minneapolis, MN
Laura Chaddock, SWRCB, Sacramento, CA
Glenn E. Farmer, D&HPumpSer, Amarillo, TX
Duane Grippe, ODayEqpCo, Fargo, ND
Ann Hines, AOMA, Little Rock, AR
Jim Howard, Hess, Woodbridge, NJ
Dave J. Piercey, JD2Env, West Chester, PA
Ed Rachins, MutualOil, Brockton, MA
Steven J. Radvak, EatonS&S, Phoenix, AZ
John C. Scandurra, Conklin, Newburgh, NY
Sonny Underwood, MidSouth, Cape Girardeau, MO
Brian Wiegert, RoundsAsc, Waukee, IA

Vapor Recovery Installation Committee. Responsible for writing PEI's Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites (RP300).
B. J. Benton, UntdPumpGA, Suwanee, GA, chairman
Victor Ayala, D&HPumpSer, El Paso, TX
Scott C. Boorse, Wawa, Wawa, PA
John W. Bracknell, AAATank, Braselton, GA
Jason Carr, Whitford, Portsmouth, NH
Pete Delderfield, DeltaPtrFL, West Palm Beach, FL
Larry R. Gregory, ExxonMobil, Fairfax, VA
Stephen A. Purpora, PurporaEng, Saukville, WI
Dennis Rethmeier, WesternPmp, San Diego, CA
Jeffrey Underland, PetrSersMD, Baltimore, MD

Vehicle Maintenance Fluids Equipment Committee. Responsible for developing and writing Recommended Practices for the Design and Maintenance of Fluid-Distribution Systems at Vehicle Maintenance Facilities (RP700).
Phil Parker, Samson, Swannanoa, NC, chairman
Harrell “Doc” Blair, McKinney, Mobile, AL
Bruce B. Doughty, SyTexInc, Las Vegas, NV
Renee Miller, Graco, Minneapolis, MN
Bill Parker, Lincoln, St. Louis, MO
Don Smith, Balcrank, Marietta, GA
Stephen Spiros, SuperiorEq, St. Louis, MO
Charles Stookey, RelHydra, Smyrna, GA

PEI MEMBER NOTES
Petroleum Containment, Inc., Jacksonville, Florida, has announced a new representative for Florida: Steve Tretter of Priority Sales Associates, Longwood, Florida. Phone: (407) 389-0199. Fax: (407) 788-1157. Email: stretter@earthlink.net.
White-Tucker Company, Houston, Texas, has hired Cameron Korneychuk and Josh Cowie to join its sales team. Korneychuk will be based in Dallas, while Cowie will start up the company's San Antonio office.

REGULATORY BRIEFS
Oklahoma. The Corporation Commission has proposed new rules for underground storage tanks, aboveground storage tanks, its indemnity fund, and remediation. The proposed rules are accessible at www.occeweb.com.
Texas. The Texas Commission on Environmental Quality (TCEQ) has made changes to its technical standards for underground storage tanks. The rules require secondary containment for any new UST system tank or line or dispenser installed on or after January 1, 2009. The new regulations also require that existing sumps and manways (installed prior to January 1, 2009) which are an integral part of a UST release detection system and any overspill containers (either existing or new) be inspected at least once every 60 days to assure that sides, bottoms and any penetration points are maintained liquid tight.   

NORTH AMERICAN PETROLEUM MARKETING BRIEFS
Flying J filed for Chapter 11 bankruptcy protection December 22, citing weak oil prices and turmoil in the credit markets. Flying J had 2007 sales of more than $16 billion from its interests in about 250 retail outlets, 200 oil and gas wells, two refineries, and a 700-mile refined products pipeline owned by its Longhorn Pipeline Holdings unit.
Jackson's Food Stores Inc., Boise, Idaho, has acquired eight franchised 7-Eleven convenience stores in the Treasure Valley area of Boise.

INTERNATIONAL PETROLEUM MARKETING NOTES
Repsol said it has agreed to sell its fuels business in Brazil to AleSat Combustiveis for $55 million. The sale includes Repsol's network of 327 service stations, the commercial infrastructure and other complementary businesses.
Sibir Energy has acquired an additional 18.4 percent of Russian fuel retailer Mosnefteprodukt from Richards Enterprises, taking its stake to nearly 70 percent. Mosnefteprodukt operates the Nefto brand retail network in and around Moscow. Sibir says that the Nefto station network has suffered from years of underinvestment and Sibir has targeted roughly half of the 63 stations for demolition and rebuild over the next five years in a targeted $75 million investment program.

DEATHS
Robert L. (Bob) Leonard, died at his home in Idaho Falls, Idaho, on December 30. He was 80. Bob founded Leonard Petroleum Equipment in Idaho Falls in 1959. He opened a branch office in Twin Falls, Idaho, in 1975. He served as president and CEO of the company until his retirement in 1995. Leonard is survived by his wife of 60 years, two sons, and a daughter. His son, Steve, and his daughter, Stacy, currently operate Leonard Petroleum Equipment Company which now includes a third office in Boise, Idaho.

MEMBERSHIP APPLICATIONS
Fuel management system manufacturer. OTI America, 2 Executive Drive, Suite 740, Fort Lee, New Jersey 07024, has applied for manufacturer division membership. Michael Bryant is director of national sales for the firm, which was established in 1991. The company manufactures contactless readers, OEM boards and fuel management systems which are sold through distributors. Sponsored for PEI membership by Lucy Sackett, Gilbarco, Greensboro, NC, and Jamie Smethie, Wayne, Austin, TX.
Florida service and construction firm. Discovery Tank Testing, Inc., P. O. Box 14207, North Palm Beach, Florida 33408, has applied for membership in the service and construction division. Liz Pellegrino is operations manager for the firm, which was established in 1990. Discovery Tank Testing tests underground and aboveground tanks and lines, compliance leak detectors, and automatic tank gauging equipment. Sponsored for PEI membership by Peter H. Ward, Glasgow, Riviera Beach, FL. 
Florida installation and service company. McKinney Services, Inc., 1211 East Jackson Avenue, Chipley, Florida 32428, has applied for service and construction division membership. Kevin McKinney is president of the firm, which was established in 2007. The company installs and services fuel and lube systems. Sponsored for PEI membership by Robert J. Peavey, PumpTex, Beaumont, TX.
Manitoba construction firm. A & H Petroleum Services, 1160 Sanford Street, Winnipeg, Manitoba E3E 2Z9, has applied for service and construction division membership. Stuart Besel is an owner of the firm, which was established in 1968. The company builds refueling stations and sells replacement parts. Sponsored for PEI membership by Paul McKay, KellrEqLtd, Calgary, Alberta.
California manufacturers representative. SS Innovations, 19832 Ravenna Drive, Yorba Linda, California 92886, has applied for affiliate division membership. Brent Mouton is president of the firm, which was established in 2003. SS Innovations represents the Omntec line of AST/UST monitoring equipment. Sponsored for PEI membership by Lee Nicholson, Omntec, Ronkonkoma, NY.


ADMITTED TO PEI

• SYZ Ingenieria Ltda., Bogotá, Colombia (dis)
• Aston Crest Consultants Ltd., Woolston, Southampton, United Kingdom (aff)
• Accent Environmental Services Inc., Pollok, TX (aff)
• Compliance Testing and Technology, Inc., Germantown, WI (S&C)
• Clayton Services Corporation, Lansdale, PA (S&C)
• Larry Hunter, Circle K, Charlotte, NC (O&E)

©2009
Petroleum Equipment Institute
P. O. Box 2380
Tulsa, OK 74101-2380

The TulsaLetter (ISSN 0193-9467) is published two or three times each month by the Petroleum Equipment Institute. Robert N. Renkes, Executive Vice President, Editor. Opinions expressed are the opinions of the Editor. Basic circulation confined to PEI members.