A Semi-Monthly Newsletter for Gases and Welding Distributors Association Members October 23, 2004

 Breaking News
  GAWDA Gives Back
  Congress Extends
   Driver Service Hours
  NAW Challenges Tax

 Making Sales
  Linweld, Inc.
 New Members
 Industry Beat
  Company News
 GAWDA News
 Training
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BREAKING NEWS

GAWDA Gives Back Surpasses All Goals

At this year's Annual Convention in Las Vegas, GAWDA presented a check in the amount of $53,000 to Golden Rainbow, a local charity that provides housing and financial assistance to individuals and families living with HIV and AIDS. This amount was the largest ever contributed by GAWDA members to a needy service in the host city. Representatives from Golden Rainbow were surprised and thrilled at the generosity of GAWDA members. You can still make a contribution to GAWDA Gives Back and this year's very worthy charity by contacting GAWDA Headquarters.

Started at the 2000 Annual Convention, GAWDA Gives Back has contributed a total of over $193,000 to local charities.

Congress Extends Driver Hours of Service Rules

Congress has passed and President Bush has signed into law a provision extending the application of the current driver hours of service rules for up to one year. The rules, 49 CFR Part 395, which went into effect January 4, 2004, were invalidated by a July 16 decision of the U.S. Court of Appeals for the D.C. Circuit in Public Citizen et al. v. FMCSA, No. 03-1165. Under the congressional act, the new rules will remain in effect until the Federal Motor Carrier Safety Administration completes a rulemaking that addresses the issues raised in the court's decision, or until September 30, 2005, whichever is earlier.

NAW Challenges Drop-Shipment Tax

The National Association of Wholesaler-Distributors (NAW) filed an amicus brief with the California appellate court in a case that could affect wholesaler-distributors nationwide. Under current California statute, a wholesaler-distributor who drop-ships material goods to a consumer in California may be held responsible for the payment of use taxes that would normally be the responsibility of the retailer. The case in which NAW has become involved, Mason Shoe Mfg. Company v. State Board of Equalization, challenges that statute. Read how this California law works and whether you might be affected by it.


MAKING THE SALE

Linweld Hooks a Plan to Save Fish

Lake Ogallala is a premier trout fishery located adjacent to Lake McConaughy in central Nebraska that attracts a number of visitors each year. Decreasing water and oxygen levels caused by statewide drought conditions were threatening the trout population. With the help of a Nebraska congressman, the state secured funding for the lake's aeration. The congressman's office contacted Linweld, Inc. (Lincoln, NE) in March. "They wanted to know what we could do to increase the oxygen levels in the water," says Mark Bell, Linweld vice president of sales.

Bob Caldwell, general counsel of Linweld and chair of GAWDA's Government Affairs Committee, beside a Linweld 1,500-gallon liquid stand tank that provides oxygen to Lake Ogallala in Nebraska

Last April, Linweld worked with officials to develop a plan for a 67-acre section of Lake Ogallala known as the North basin. The following month, two 1,500-gallon liquid stand tanks were placed across the lake from one another to supply a gaseous oxygen line to a pump house that collects water from the bottom of the lake. The water is supersaturated with the oxygen and redistributed to the lake through approximately 3,000 feet of perforated piping. "We came up with an economical solution by working together and keeping it simple," explains Bell. Aquatic Eco-Systems, a Florida-based distributor of aquatic equipment and supplies, provided the piping after working with Linweld on design and calculations. Don Gabelhouse Jr., Fisheries Division administrator for the Nebraska Game and Parks Commission, was instrumental in project advancement and completion. "It's uncommon to pump liquid oxygen into a public lake, but it's that type of creativity we needed to provide a refuge for trout in a time of unprecedented low water levels in Lake McConaughy, the impoundment that supplies water to Lake Ogallala," he says. Adds Gabelhouse, "Federal and state agencies and Linweld worked together to get this project up and running within three months of the time it was conceived."

Linweld signed a contract with the State of Nebraska to provide oxygen to Lake Ogallala. The tanks are filled on a monthly basis during the hottest parts of the year, June through September. "We definitely saved the lake for this year and probably next," Bell says. "It was outstanding to participate in a project to help our environment and enable future generations to go fishing in Lake Ogallala."


WELCOME NEW MEMBERS

GAWDA welcomes new Active Members Pacific CA Systems Inc. of Union Gap, WA, and Sharp Welding Supply Inc. dba Blanks Welding Supply of Fort Worth, TX, and Associate Members Gas Innovations/WWS of La Porte, TX, and Weld Mold Company of Brighton, MI.


INDUSTRY BEAT
(what people are talking about)

J. Carter Frick

New Appointments at Wichita Welding Supply (Wichita, KS) On October 1, Wichita Welding Supply Inc. named the following company officers: J. Carter Frick, CEO; Robert Zollinger, president; Yvette Zollinger, vice president; and Susan Owens, secretary/treasurer. Frick has served as company president since 1986, Robert Zollinger most recently served as vice president, and Yvette Zollinger most recently served as a manager. Owens has been secretary for two years. The company has two stores in Eldorado and Hutchinson, KS.

The trade-show style open house featured vendor demonstrations and high tech seminars.

Miller Welding Hosts Open House (Grand Rapids, MI) "Manufactured with Pride in Michigan" was the focus of the open house and high tech seminars hosted by Miller Welding Supply and Miller Industrial Gases. "With so many jobs leaving Michigan and manufacturing plants closing regularly, we wanted to put a positive light on those companies that have chosen to stay in this area," says President Michael Clay. The open house was trade-show style, and Miller's top 30 vendors answered questions, provided solutions and performed live demonstrations. Featured were safety training seminars, a CNC plasma burning table demonstration and an introduction to competitive manufacturing concepts. The event was attended by 300 people, including politicians and local trade publication reporters.

Stropki Named Chairman (Cleveland, OH) Lincoln Electric Holdings, Inc.'s Board of Directors elected John M. Stropki chairman of the board. Stropki, Lincoln Electric president and CEO, succeeds Anthony A. Massaro, who is retiring at the end of the month after more than 11 years with the company. Massaro is also retiring from the board. Stropki is only the seventh chairman to be named in the company's 109-year history.

Cavagna Promotes Ellis (Somerset, NJ) Cavagna North America Inc., a division of the Cavagna Group S.p.A. (Brescia, Italy), promoted David S. Ellis to director of sales and marketing. Ellis is responsible for directing sales and marketing activities for the Cavagna Group's LPG and Industrial Gas Equipment Divisions comprehensive product lines within North America.

RSC president and CEO Peter Wong accepts an award from (left to right) Dr. E. Delbert Gray, MMBDC president; Tony Brown, VP of Worldwide Purchasing of Ford Motor Company; and guest presenter Magic Johnson.

RSC Named Supplier of the Year (Detroit, MI) Roy Smith Company (RSC) was awarded the 2004 Class III Supplier of the Year award by the Michigan Minority Business Development (MMBDC) Council at the October 5 annual award dinner, which was attended by Michigan business leaders for local and global companies who build wealth in minority communities. The award for Class III is made up of companies that do $10-30M in sales. This is the second consecutive year RSC has received the award.

Praxair Acquires German Business (Danbury, CT) Praxair, Inc. reached an agreement with Air Liquide to purchase industrial gases assets and related businesses in Germany for about $600M. Subject to regulatory approval, the purchase is expected to close by the end of 2004. The agreement includes certain assets required to be sold by Air Liquide from its purchase of Messer Griesheim in Germany. The business comprises the southern portion of the Rhine/Ruhr pipeline and the Saar pipeline, plus bulk distribution and packaged gas businesses.


GAWDA NEWS

Convention Photos View photos from Monday's rafting trip down the Colorado River, which took place during GAWDA's Annual Convention in Las Vegas.

Plan Now for Hawaii Convention GAWDA members are already planning for next year's Convention, September 20-24, at the Grand Wailea Spa & Hotel in Maui, HI. Stay tuned for information in the GAWDA Connection and reserve these dates in your calendar now.

Register to Vote Be sure you and your employees are registered to vote, and are familiar with your state's early voting and absentee ballot requirements. Take advantage of voting and registration information, and request an absentee ballot if you will be traveling by visiting this page.

Business Coalition Seeks to Hold Fax Bill Sen. Barbara Boxer (D-CA) has concerns and objections to legislation that would allow businesses to send out unsolicited commercial faxes under an "established business relationship" exemption, possibly dooming the bill this year. A rule adopted by the FCC last year would require all businesses to obtain written consent forms for each fax machine before sending out any unsolicited commercial fax. Although unsolicited faxes are prohibited under the Telephone Consumer Protection Act of 1991, the previous FCC regulations created an exemption for customers with whom the company had an established business relationship. After significant outcry from the business community, which argued that the new rule would be too expensive and burdensome to administer, the FCC stayed the new rule until January 1, 2005. Recently, the FCC extended the stay until June 30, 2005, to give Congress time to consider pending legislation.

Welding Fumes Litigation Update Subscription Offer HarrisMartin Publishing, publisher of Litigation Watch: Welding Rods, a monthly update of news involving welding fume litigation around the U.S., is offering GAWDA members a one-year subscription for the charter rate of $395, a $200 discount off the regular price. To take advantage of this offer, please call HarrisMartin Publishing at 1-800-496-4319 or log on to www.harrismartin.com and mention you are a GAWDA member to get the discounted rate. GAWDA is not recommending this purchase. We are simply advising the availability of this publication for those interested. Members will continue to be updated on this issue by GAWDA's Government Affairs Consultant Rick Schweitzer through normal GAWDA channels in the GAWDA Connection and Welding & Gases Today. Members should contact Rick at 202-223-3040 or rpschweitzer@rpslegal.com for answers to specific questions about this issue, and to notify him about litigation in which their company is involved.

"The Magnificent 7"
GAWDA Consultants: No call is too small

Each and every day, GAWDA members are faced with decisions concerning safety and compliance, technology, HR and legal issues. Government regulatory agencies are constantly revising their rulings. It may seem impossible to keep up with or understand what they are trying to say. Some days our members face legal issues from cylinder ownership to traffic violations to welding fume litigation. Maybe you are considering new technology to help your business run more smoothly.

Ask yourself...no, wait! You don't need to ask yourself anything. Ask one of the GAWDA Consultants! Our team of seven industry experts can help you answer some of those day-to-day questions and make informed business decisions. As part of your annual membership dues, you have access to all seven GAWDA Consultants covering the following areas: DOT & Homeland Security, OSHA/EPA, FDA & Medical Gases, Technology, Legal & HR Issues, and Group Life Insurance.

The next time you need a quick answer or some advice, simply pick up the phone and call. A GAWDA Consultant is standing by. They are ready, willing and able to help you find solutions and identify opportunities, both big and small. To know which consultant to call when you have a question, find their areas of expertise here.

DOT & Homeland Security, Mike Dodd, 573-785-5111; FDA & Medical Gases, Bob Yeoman, 610-868-7183, and Ron Ball, 317-297-8518; Group Life Insurance, Dave Irving, 610-566-4851; Government Affairs & Human Resources, Rick Schweitzer, 202-223-3040; OSHA/EPA, Tom Eynon, 252-249-1351; and Technology, Scott Ehrnschwender, 513-831-0181. For more detailed contact info please view this document.



    WORKSHOPS AND SEMINARS

Cast Iron Welding
Johnny Hunnicutt, Bohler Thyssen Welding USA, Inc.
November 16, 11 a.m. ET

This one-hour webinar is for the distributor sales force that needs continuing education on how to apply welding solutions to end-user issues. Hunnicutt explains the proper welding procedures for cast iron, including weld preparation, preheat, proper technique, choice of filler metal and cold welding. This webinar also covers AWS specification requirements for cast iron. Visit this page for more information.



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