February is Looking Good

Cigar PEG

I was in Orlando last weekend holding the annual general meeting for the non-profit charity that I run; Cigar PEG, Inc. I went into the weekend with quite a bit of anticipation because of some relationship challenges we had been having with the National Speakers Association; at whose annual convention the charity holds a fund raising cigar party & celebrity auction. I really wasn’t sure if my staff (all volunteer) and supporters were still with me—pleasantly enough, by the end of the weekend it became very clear to me that most are on board. I’m now looking forward to a fabulous party this summer.

Key West Advanced Speaker/Consultant Event

In Orlando, I was quite pleased that Mike Staver, Joachim De Posada, Myra Corrello, and Paul “DrJ” Jacobson were willing to allow me to video their testimonial about their feelings from last year’s event. This advanced speaker/consultant event started as a Cigar PEG activity but has been shifted to a commercial enterprise of Rigsbee Enterprises, Inc.

Member ROI for Associations & Societies

Wow, in less than a month this Linkedin group that I started on MLK Day has passed the 200 member mark. The quick member increase demonstrates to me that there is a huge desire among the professional staff at trade associations and professional societies to do the best job possible of creating and delivering member value—the challenge for these organizations is still, how to determine the yearly sustainable real dollar value/ROI of membership?

Relationship Glue

The Relationship Glue group at Facebook now has over 500 members. I would really like to see this group grow quicker as I believe that everyone needs a little relationship reminder now and then—in both romance and in business. This is a topic that I continually find myself very passionate.

Today

It is a beautiful sunny Saturday in Southern California. I’m heading out to cut flowers for my wife, Regina—getting ready for Valentine’s Day. I’m also excited about having lunch in Los Angeles today with a high school buddy—OMG, this June will be 40 years.

Not Finding a Job?

How are you doing with your job search? Finding yourself stuck? Sure thing; as are so many in the same place. So, is it access or is it value that's the problem? Or could it be that your industry simply does not know you?

Access

I know, you have exhausted all your contacts on Linkedin and your friends at Facebook, and still have nothing to show for it. Guess what, they are to crazy-busy to care about your situation. Joined all the Internet job search sites but they keep sending you the wrong stuff? What did you expect? How about this; do it the old fashioned way...go knock on doors...nobody is doing that. Why? Laziness is my guess. Knock on what doors? Visit any business or municipality within a 60 mile radius that you have any kind of a hint that you might be a fit. I believe this should be your number one strategy. Are you willing to knock on doors?

Value

Organizations everywhere are looking to develop profit centers and reduce cost centers. As an example, sales persons contribute to profit. Everyone else contributes to cost. Wait a minute, is this true? It is; in the minds of most business leaders. Your job is to shift their mind set. If you are simply asking for a job--get in line. However, if you can be innovative and creative in describing the monetary gain an organization would realize by bringing you on board--you will catch the interest of business leaders. In this economic environment, why in the world would you want to add to an organization's cost when you can add to their profit?

Industry Recognition

If you are a recognizable name in your industry or specific skill profession, you will have a better chance of catching something with your "net." Some specific activities that will get you notice:

1. Send news releases that have specific information relating to your industry's or profession's current events to your local newspapers, magazines, and cable news shows.
2. Write articles (about 500-800 words) and submit them to industry or profession specific publications.
3. Join industry or profession specific groups at Linkedin. Daily answer questions posted by others--even if you have to do some specific research to get the answer. This way you will show up as a leading resource for others.

Will the Real Leader Please Stand?

Today’s organizational leaders have much working against their success. Sometimes leaders can be their own worst enemy. However, this is not cause to crawl under a rock and hunker down for the duration of these difficult times. Sure, the press almost daily is exposing yet another dishonest corporate executive, especially in the financial industries, but that’s not you. Today, more than ever, is the time for action—for demonstrating to your employees that you have a plan—even if you don’t. Get out of sluggishness and into action, today!

Make Your Rain Making Visible

Similar to the Native American rain dances of old, they were never performed in isolation, but in view of the tribe; to give the members of the tribe hope—your people need to see you leading the charge in action, not just in words. To build confidence within the people of your organization, they have to visually see your efforts to turn things around, including your personal rain making efforts. This gives them the hope they need to persevere during the current cuts, challenges, and fears caused by today’s economic realities.

This lesson was learned at Mitsubishi Motor Sales of North America, in the early 1990s—the executives learned the hard way; wasting one entire year in their efforts to change the organizational culture. The lesson learned was simple: people believe what they see, not what they hear. The executives were telling everyone what they wanted to happen but were not living the vision themselves.

What’s Old Might be New

In your effort to develop new markets, new applications, and/or new products and services, how much time have you spent? It has been said by persons wiser than I, that most people spend more time planning their vacation than they spend planning their life. What about the success of your organization? How much time have you spent in REAL product/market development strategic planning sessions? For most, not much is the honest answer.

Who can help? The quick answer is: your suppliers, your employees, and your customers. Sometimes innovation is a happy accident and sometimes it is the result of intense organizational processes, individual champions, and intellectual properties—and most times, a result of tireless hard work. What are you doing to innovate?

Your Responsibility and Accountability

Let’s face it; nobody really enjoys the mirror being brought up close. However, in times like we are now facing, that is exactly what is needed. No matter how good a leader you might be, you know that you can do better. Listed below are some of the pitfalls, conscious or unconscious, to leading in a recession:

• Not being aware of the depth of your organization’s situation.
• Not having a “rainy day” contingency plan.
• Not being open to innovation in market, product, and process.
• Not honestly looking in the mirror.
• Living off past glory.
• Expecting others to act as rain makers.
• Hunkering down expecting the current economic situation to quickly blow over.

Your “to do” list should include the following:

• Honest evaluation of your organizations current situation through the traditional SWOT analysis process with your company’s stakeholders; first your employees, then with your suppliers, and last with your customers. Generally the SWOT analysis is done only in the bubble of the executive suite, thereby missing needed additional perspectives.
• Step it up and lead the charge, even if it is only activity for activity’s sake. Activity begets enthusiasm, if positioned correctly and your employees see that you are putting in the time.
• Look to other industries for answers in as much as you can adapt ideas. It is foolish to think you can adopt, however adaptation is an important form of innovation that will serve you well.

Plant this thought in your subconscious mind: your employees have been there for you, helping you to make your organization what it had been. Don’t you think you owe it to them to show up and rebuild? It’s their livelihood also!

Our Sow, Does She Have Too Many Nipples?

When I mention our sow, of course I mean the United States Government. I believe we can truly thank our elected federal officials for doing such a fantastic job of bringing home the bacon. If one were to visit www.cfda.gov, one would find the Catalog of Federal Domestic Assistance.

We Did It to Ourselves?

The Catalog of Federal Domestic Assistance website proudly illustrated for the electorate is a pie chart at which Americans should marvel at the work done for them by their elected officials. This pie chart will inform you of “…a full listing of all the Federal programs available to State and local governments (including the District of Columbia); federally-recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals.”

The pie chart (May 1 2009 updated) lists:

34% Department of Health and Human Services

21% Department of Agriculture

19% Department of the Interior

12% Department of Education

11% Department of Housing and Urban Development

Bringing Home Too Much Bacon?

An agency search at the Catalog of Federal Domestic Assistance website yields 63 agencies. While some make perfect sense for their existence, others will definitely make you wonder. Further searches reveal 1893 programs listed and 3229 Regional offices. One might argue the point that this is a demonstration of both government excess and patrician payoff. I’m sure you can list a number of recent anecdotal examples government excess and squander-style spending from your own circles of friends, colleagues, and clients.

Perception is Reality

While I’m confidant that our Federal politicians could, via double-speak, justify every agency and every program—they would have to, or why do these agencies and programs exist? However, I believe that most reasonable and curious Americans would do a double take at the way our government spends our tax dollars.

Even if many of the agencies and programs are justifiable, which I believe they are not, there is still the ingrained perception of the American citizenry of gross government waste, incompetence, and protectionism. Does this mean that everyone that works for the government is incompetent? Of course not! I have met, and worked with a number of committed government employees that are fabulous at their jobs—many of the supervisors—not so much.

The Important Issue

I have stated in my seminars and workshops for years, “If you hire a lousy employee, you deserve who you hired.” The same goes for elected officials. We have done it to ourselves. Just to mention a few examples: single issue voters, uninformed voters, ignorant and uneducated voters, voters in denial, voters expecting reciprocity for their vote, exclusive-party voters, and (my favorite) self-interest exclusive voters.

At some point a society has to stop sewing more nipples on the community sow. Our sow can only allow so many to suckle before the sow goes dry. It appears to me that such a day may be soon approaching.

Our Responsibility to Give a Portion

I received a response from Paul Knecht about a recent comment I made. Paul states this about giving, “There is a rule. It was taught to the earliest Jews and is still taught to those who follow Judaism and Christianity. The landowners and their gatherers were told to not harvest all of the crops but to leave some standing so the poor, widows and foreigners could harvest also. There is an expectation that the haves share with the ‘have nots’".

While Paul makes an excellent argument, the question is how much to leave behind for the poor to harvest? My argument is not the idea of voluntarily leaving a little for the poor but rather the fact that the various taxing entities (Federal, state and local governments) in the USA pilfering an outrageous percentage of one’s crop. Paul’s example, to my knowledge, does not state exactly how much to leave, and I cannot imagine a farmer leaving 30-40% of their crop for the poor to harvest. That’s the “total rate” at which the greater majority of successful Americans are taxed today.

The Pendulum’s Swing

Should a society help those that are truly and honestly in need? I believe so. However, just because one stubs their toe, they do not need a $900 ambulance ride to the hospital—a ride and an emergency room visit that is paid by the local taxpayers. In a society, when the benefits to the needy outpace the earning capability of the able bodied, something is truly wrong. The sow definitely has too many nipples.

The question becomes, “How did we get where are?” Perhaps the answer is that for many it was easier and more expedient to write a check to the needy than to lend them a helping hand? Then it was necessary to pay people to organize the handling of the checks. Then a time came when the checks were expected. Today, those checks are demanded!

At some point one has to stand up and say, “Enough!” At some point one also has to say, “Enough” to the politicians. Politicians see their job as being responsible to “bring home the bacon.” Do You? Perhaps the time has come for Americans to no longer give to those that only ask and refuse to do?

Responsibility—You Have Got to be Kidding

Some Americans say it is the responsibility of the super-rich to be socially conscious by frequently demonstrating their benevolence. Why is this so—who made that rule? Simply by virtue of their ability to create wealth or possibly because of their birth; they are mandated to redistribute wealth—why?

What about self-reliance? When did that go out of vogue?

How about the American privilege to succeed or fail? Must everyone have a safety net placed two inches below their feet? Don’t you think such a safety net will dismantle one’s desire to succeed—one’s passion to succeed—one’s will to succeed? Where does responsibility fit in? Why must fish be given to the lazy? Isn’t it better to teach them how to fish?

I personally believe in paying community rent. I’ve done this my entire adult life; volunteering for youth fraternal groups, social service clubs, youth sports and today, running a 501 (c) (3) charity that I started a few years ago. However, I did this of my own free will and accord. Nobody held a gun to my head and made me do it.

For over a decade, I served concurrently as an American Youth Soccer Organization referee and a United States Soccer Federation referee—the former position for pay, and the latter as a volunteer. Frequently I would be asked why I would referee for free when I could be down the street being paid. I did both. I paid my community rent. And, it was my choice.

It’s All About Choice

Choice is the issue—my choice to volunteer to make a difference, or my choice not to volunteer. When the day comes that I’m forced to volunteer, my passion to make a difference will disappear. I recall descriptions shared with me by my Austrian friends, of Soviet era East Germany, with bails of hay sitting in fields uncollected and rotting because they were never picked up by the State. With passion gone, nobody cared to deal with the problem, because it was the State’s problem.

Apparently, America is on the path of risk taking aversion. Be clear on the idea that I’m not damning the persons that truly need a helping hand. However, I am damning the persons that are, daily, suckling at the nipple of the sow by the name of The United States Government or that of state and local governments. At some point citizenry must contribute to their society—one cannot forever take. If one chooses to take, and not contribute, they have not lived up to their responsibility and in my opinion, have not earned the privileges enjoyed by contributors to said society. Why on earth do freeloaders deserve a free ride?

Safety Comes With a Price

America is a relatively safe country. And for those that desire to earn their way, can select from countless communities in which to live. During my tenure as a soccer referee, I found it a privilege to safely spend a Saturday with local youth, enjoying the beautiful community in which I live, and not having to worry, as countless do in third-world countries, about improvised explosive devises (IED) exploding around me.

As with safety; infrastructure, higher education, geo-political clout, and freedom comes with a price. While my hat is sincerely off to all great Americans that have served their country in military service, there are also additional ways to serve one’s country—lead by example; demonstrate personal responsibility. Live an exemplary life by contributing well-adjusted offspring to society, by making a difference in one’s community, and by exhibiting financial responsibility.

With Privilege Comes Responsibility

This is where the rubber meets the road. Sure, we all want stuff—that’s the American ideal of consumption. And consumption feeds capitalism, our country’s economic system—and that is okay. Capitalism allows the citizenry to achieve or fail. While societal safety nets can serve, safety nets cannot be a society’s ideal, goal, or standard method of operation. People must be allowed to experience the anguish of failure in order to truly savor the sweetness of success. In America, we are afforded the privilege of freedom—freedom to succeed or fail.

Do we have the right to take away one’s passion? We do it by continually intruding on the lives of our citizenry with either social, financial, or emotional safety nets. My greatest fear for America is that we are teaching our citizens to depend on the federal, state, and local governments for their daily sustenance and shelter. If this trend continues, will there be any Americans still working? At what point will we disassemble our great democracy and fall into the carcass similar to our neighbor to the south? Shouldn’t it be your and my responsibility to stand up for the concept and ideal of privilege through responsibility as opposed to privilege on the backs of others?

Ed’s World

As I have continually stated, I live in a glass house and have not always lived up to the ideals that I espouse. However, I do not slit my wrists with a desire to bleed out in my bathtub, but rather pick myself up when failure rears its head in my life and try to do things differently, and with the sincere desire to do better. can do this too—leading by example can be your wonderful contribution to society.

We Love Our Excuses

Excuses reign supreme within the under achiever’s personal stand for both business and life—this doesn’t have to be. While I personally blame my three older sisters for all the problems in my life, the universe doesn’t care. All that matters to the universe is my definitive action.

I Need Help

Here is an overused word; “Please help me,” “I could use a little help,” “Can you help me out?” We are so used to asking for help that we have become co-dependent in the many facets of our lives. Ever thought of doing it yourself? Back in the 1980s Lifespring, an outcropping of Est, taught countless thousands that “hope with the how” was a hallow promise. Twenty some odd years later, I think they were right.

Exploring help and hope reveals why so many people in today’s society have excuses for everything. From the proverbial, “The dog ate my homework” to the tiresome old saw, “It’s not my job” we find ourselves mired in mediocrity—and it is not necessary. So what do you say, what’s your favorite excuse?

It’s My Boss’ Fault

When did your boss become responsible for your success? “When I was hired,” you say—really? So your boss gave you an opportunity to achieve and your failure is on his or her back? I don’t think so! Granted, there are some real idiots that have climber their way to extreme levels of personal incompetence in overseeing others; however they are not as prevalent as many would have their friends believe.

Sure, union workers have absolutely no motivation to achieve, but they are not reading this article. You are. Today, now, is the time to give it up. Stop blaming your boss and start looking in the mirror. If you are lucky enough to still have a job you can be responsible enough to make a difference at your place of work.

They Don’t Like Me

“They don’t like me in this department,” you say—so what! They are not paid to like you. And, you are not paid to like them. However, everyone is paid to be professional, responsible, courteous, and respectful of one another. If co-workers are truly sabotaging your effectiveness and success, then you have something about which to complain. If not, suck it up and get your job done. Do you think your company’s off-shore competitors coddle their employees? I don’t think so! Oh, you didn’t realize that your company has off-shire competitors—wake up. Everybody has off-shore competitors.

This Job Just Isn’t Fulfilling

“This job doesn’t float my boat,” you say? OMG, it’s not 1985. Sure thing; we all want a fulfilling position and some of us are lucky enough to have such a job—or were smart enough to select a career they love. While you might read volumes about X-gen and Y-gen workers and about all their demands, most of that went out the door when the recession started. As a matter of fact, many boomers lost so much of their retirement in the collapse that thousands are delaying their retirement or are returning to work. I’m not suggesting that employers go back to pre-1920 policies of worker abuse but I am suggesting that we are in a time of balance. I realize that many believe the Federal Government will take care of their needs, but that is not a constitutional charge of the government. And at some point the money will run out–dramatically reducing entitlement programs. My suggestion is this; if you have a job, be appreciative and work hard to serve your employer.

I’m the Wrong Color, or Gender, or…

“The world is against me,” you say? Have you noticed who the President of the United Stated of America is? He sure is not a bald old White man. It is time to get off the tired excuse of your skin color, gender, country of origin. If your English is lousy, I’ll give you that one…if you’ll accept that your lousy English is a matter of choice rather than a condition of your birth.

I admit that I see racism and bigotry frequently in business environments; I’ll also state that I see it emanating from people of all walks of life and not just one group of people. My take; the citizenry of the United States of America have become so sensitive to race, gender, sexual orientation, political, and religious issues that they have allowed themselves to effectively become immobilized. Don’t you ever get tired of whining? I sure do.

Where Are We Going?

Where is America going? Your guess is as good as mine. I will state this however; Capitalism breeds entrepreneurialism and entrepreneurialism is the sustenance salvation available to you, me, and to any American, just for the taking. So what’s your excuse?

ISSA/BSCAI Alliance—It’s a Great Idea

Before we delve into the ISSA/BSCAI alliance and why it is a great idea; let us first explore why alliances in generally are a great idea. The quick answer is; leveraging what you have, along with others, to get more than your fair share. In my first book, The Art of Partnering, I defined alliances as two or more entities coming together to synergistically solve their problems. In leveraging your core competencies with others, the below benefits will be yours. ISSA President, Bob Stahurski, says, “ISSA and BSCAI members alike are now welcome at one another’s show. This will facilitate better supply chain relationships by allowing distributors and contractors to better learn each others’ language.”

Alliances require work—so you might be thinking, “What’s in it for me?”

Benefits to companies and organizations from alliance development:

1. Cost savings
2. Leveraging resources
3. Increased capabilities
4. Increased speed to market
5. Creating economies of scale
6. Innovations
7. Improved communication

The conduits through which the benefits are delivered:

1. Supply chain efficiencies
2. Effective procurement
3. Distribution
4. Research and development
5. Sales and marketing
6. Co-Branding products and events
7. Cross-promotions
8. Effectively blocking giant competitors from entering new markets or gobbling up competitors.
9. Risk sharing

Will the ISSA/BSCAI alliance help individual members to receive the above benefits? Perhaps some of the benefits will come directly and perhaps some indirectly? One thing is for sure, when two alliance powerhouses (Smith Bucklin and ISSA) come together to develop synergies, the members will better learn how to employ alliance relationship for themselves.

The ISSA/BSCAI Alliance—a Great Idea

Finally the timing was right, the players were right, and all involved had the desire to build trust in exploring a mutually-beneficial relationship. “For an alliance to be successful, first there must be mutual trust, the relationship has to be good for both, and while the value might not be 50-50, the relationship cannot hurt either party,” stated John Garfinkel, ISSA Executive Director.

BSCAI Executive Director, Maurice “Moe” Desmarais, mentioned, “Now that BSCAI is managed by Smith Bucklin, the amount of resources and alliance knowledge available to BSCAI and its partners is vast.” As an example, Smith Bucklin has a Distributors Practice Group which is comprised on nine distributor associations managed by Smith Bucklin where the sharing of best practices has become common place. Smith Bucklin is also involved with the Association Education Alliance. Alliance is in the DNA of Smith Bucklin.

ISSA has also demonstrated alliance successes and capabilities in its DNA. Case in point, John Garfinkel mentioned the relationship ISSA enjoys with Amsterdam RAI in producing the ISSA/INTERCLEAN shows in the USA & Europe. ISSA, back as far as 1997, developed this alliance to keep Reed Elsevier, the largest trade show company in the world, out of the USA—an alliance to beat Goliath. The two organizations made the industry more open, became global, and enjoy revenue sharing. ISSA also works with more than 75 associations, alliances, and government agencies around the world to represent the cleaning industry.

The down and dirty is that this alliance will make both associations more relevant with their core membership and industry leaders at large. Through the activity of associations partnering, increased diverse groups are enabled to come together to explore and develop industry innovations, to learn, and to grow.

Challenges Overcome in Building the Alliance

• Each association needed to maintain their own unique individuality while coming together for the betterment of both memberships; putting doubts and suspicions aside.
• Association staffs had to map the competencies of each association then overlay to find weaknesses and strengths to determine which would be best suited for various activities.
• There is a natural inclination, of Boards of Directors, to micromanage the alliance development process. Bob Stahurski, ISSA President, commends both boards for focusing on the strategic and allowing the staff from each association to work together to hammer out the details of the alliance.
• Association Executive Directors not feeling exposed and threatened can be a huge stumbling block in the process of associations exploring alliance relationships; fortunately this was not the case with either.

Alliance Direct Member Benefit

I find that with most associations, the following statement rings true: Association board members and volunteer leaders get more value from their association membership than to rank and file members, only because of their accelerated participation and knowledge of programs and services. With this in mind, it is crucial for ISSA and BSCAI members alike, to know what some of the member benefits are that is a direct result from the alliance. Ernie Clark, BSCAI President says, “Now members have access to what both organizations offer.”

1. Six regional workshops are now planned for the spring of 2009 with an emphasis on green standards. Having regional workshops makes attendance much easier and less costly.
2. OSHA compliance safety programs through the joint collation with an emphasis on reducing injuries. One association sharing resources with the other.
3. ISSA and BSCAI will participate by hosting a booth at one another’s expos making member recruitment and information dissemination more effective.
4. Better access to end users for manufacturers for research, focus groups, and meaningful discourse—and vice versa.
5. Increase in association(s) strength through idea sharing, best practices, minimizing staff overlap and certification workload. More bang for your membership dollar.
6. More attendees at each expo, benefiting manufacturers, distributors, and contractors alike. Larger shows deliver more benefit to all that attend. More education, better education, and access to industry partners.
7. Access to additional education, best practices, and other proprietary information of both associations for accelerated business development.
8. Certifications; both for the company and the person that are offered by both associations are in the process of examination for overlap certifications.
9. Potential joint membership cost benefits; ultimately not paying double dues.
10. More powerful voice for affecting legislation through lobbying and advocacy.
11. For ISSA members, there will be more buyers at the shows, thereby decreasing selling costs.

“This alliance has been long in coming,” stated Maurice “Moe” Desmarais, “through a meeting of the minds and cooperation, this alliance will be successful and will assist both organizations in offering services that have, in the past, been considered beyond the mission of each organization.”

Alliances for ISSA and BSCAI Members to Consider for Themselves

Alliances offer great benefit in serving national customers. Bob Stahurski is very pleased with the results of his alliance, ChemBlend International (www.chemblendllc.com), developed with nine non-competing manufacturers. ChemBlend International provides seamless and uniform nationwide private branding for US and Canadian janitorial, food service, institutional, industrial and consumer chemical markets. Bob states, “In janitorial and food service where freight is a substantial factor, our organization can cost effectively serve national customers on a regional basis.”

Kevin Shurn, president at Superior Maintenance Co., Elizabethtown , KY, and a long time BSCAI member has been part of The National Service Alliance, LLC (NSA), for over a decade (www.nansa.org).

This alliance, of which BSCAI’s incoming president, Stan Dubin’s organization, Harvard Maintenance, Inc., is a managing partner. NSA is a building service organization committed to servicing national corporations with high-quality, cost-effective facility solutions while maintaining "hands-on" management. Operating since 1996, the NSA was formed by strong quality and service oriented regional service providers aligned for the purpose of providing their services to national corporations through a single source. Today there are approximately 40 building service contracting companies involved, up from just over 20 companies in 2000.

The Art and Science of Alliance Development

The science of alliance development and implementation is the below listed seven steps:

1. Monitor
2. Educate
3. Select Alliance Type and Structure
4. Organize
5. Agreement
6. Implementation
7. Maintenance

In order for you to build alliances that will profit your company, employ the above steps in all alliance development. During these seven steps, various departments and staff should be involved. And, while you will notice below that I suggest an overlap, this overlap of personnel involvement is necessary to assure alliance success.

1-4 is the “Find It” phase (research & acquisition)

3-6 is the “Get It” phase (corporate business development)

4-7 is the “Create Value” phase (alliance management)

The art of alliance development and implementation is the behaviors exhibited by all those involved in the alliance:

1. Bridge building; focus on getting things done as opposed to obsessing on being right.
2. Continually make Relationship Bank Deposits because when things go wrong, and they will, it’s the positive Relationship Bank Deposits that you’ll draw upon for assistance and understanding.
3. Quality communication to overcome challenges. Some of the natural alliance development and implementation road blocks are: Trust, Hidden Agendas, Unrealistic Expectations, Poor Communication, and Culture Clashes.

John Garfinkel suggests, “This alliance will bring customers’ various needs forward; manufacturers and distributors will learn better how to serve.” Ernie Clark summed it up well, “With new days come new challenges; which will hopefully bring new mind sets.”

Are Your Corporate Policies Up to Date?

By Ralph G. Martinez & Ed Rigsbee

If your employee is punching in a telephone number or raising their cell phone to their ear while driving, you might be liable. A growing number of states in the USA and several foreign countries are making it a crime to use a cell phone while driving unless one’s cell phone operates “hands free” or has a “hands free” device.

On July 1, 2008 law enforcement officers in two more states, Washington and California, begin writing citations to drivers who do not comply with the “hands free” cell phone law that became effective on that day. In California, a ticket now costs a driver that violates the law $25 for the first offense and $50 for each violation thereafter. Drivers that are minors are prohibited entirely from using a cell phone or a “mobile device” while driving. What is your company’s current, and written, policy on cell phone use while driving on the job?

States Adopting New Laws

California and Washington State join Connecticut, the District of Columbia, New Jersey, New York, and the U.S. Virgin Islands in completely banning the use of hand-held cell phones while driving. Even more states prohibit minors from using a cell phone at all when driving. Seventeen states and the District of Columbia in the United States have adopted laws that deny cell phone use to driving minors.

If you travel outside of the United States, you will recognize a similar pattern. Twenty-five foreign countries have laws that restrict or completely ban the use of hand-held cell phones while driving. Australia, Austria, Britain, Brazil, Chili, Denmark, Germany, Greece, Israel, Ireland, Italy, Japan, Norway, Poland, Portugal, Philippines, Romania, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan and Turkey have taken action to restrict the use of cell phones in cars.

If your state or country does not restrict using a cell phone in cars, you can anticipate that soon they will.

The trend across civilized society is to consider hand-held cell phone use a driver distraction and a contributing cause of many accidents. Many states that have not enacted a “hands free” cell phone law have been gathering collision data where cell phone use was involved. It is a reasonable that law makers will use this accumulated data to sell the need for a restriction or ban of hand-held cell phones in cars. Some states have declined to enact a restrictive use law, but have defined the use of cell phones in cars as a “careless driving”[1] or defined the use of a cell phone while driving within the definition of “distraction.”[2]

Productivity and Connectedness

Technological advances improve our productivity and connectedness. Drivers across the United States redeem some of their driving time each day by staying connected with parents, children, and friends during their commute. Many also conduct business by telephone during these long commute or travel times. In decades past, you would have to pull over to the side of the highway when you found a telephone booth or a pay telephone. This may return as the preferred way to stay connected in route, particularly for driving minors. Technology may give us advantages, but they sometimes bring unexpected changes in our lifestyle. The law all over the world is responding to the increased number of accidents that involve drivers being distracting on a cell phone. The law is merely catching up to the new risk introduced by new technology that has been embraced and exploited by all of us.

Higher Potential Liability For Employers

The protection of these new safety laws also creates new risks for you, the businesses owners and leaders in the United States and elsewhere. In most areas of the United States, if an employee violates a safety law while involved in a car accident on the job, they and their employer may be held negligent, even if they are otherwise driving well. Generally the concept is referred to as negligence per se. Lawyers use the principle of negligence per se as a shortcut to establish liability in law suits to win damages for people injured in accidents. The new wave of cell phone laws are safety laws designed to eliminate distractions and prevent accidents. Depending on the extent of the injuries, this financial risk to an employer could be very substantial. If the cited employee driver has violated the cell phone law before, significant punitive damages could be assessed against the employer. Negligence per se as a principle will be used more frequently in personal injury cases when a driver was using a cell phone.

Employee Handbook and Written Policy

As an employer, you should adopt a written policy and/or amend their employee handbook to require strict compliance by their employees with the “hands free” cell phone law that is adopted by their country, state, county or township, or city by all employees. Many businesses may instruct their employees not to use cell phones while driving and to let incoming calls go to voicemail to be returned outside of the car in a safe area. If your business issues cell phones to its employees, or necessarily requires the use of a cell phone by its employees, make sure that the cell phones can be used “hands free.” Note that a cell phone that has a speaker phone function will not necessarily comply with the law. Employers who hire employees under age 18 should prohibit their use of a cell phone in a car. The policy should be acknowledged by employees in writing and enforced by the company. An attorney can help your business assess the specific risk to it and how to protect against that risk with an appropriate policy and implemented management practice. We have developed a policy and are helping many businesses protect against this new risk from this new safety law. Adjusting to these developments not only will allow you drive more safely on the highways, but to continue with your business efforts – in both cases, undistracted.

Ralph G. Martinez is an attorney and the principal of Martinez Law Group, Inc., a California business and real estate law firm. The members of the firm are transactional and trial attorneys, serving entrepreneurs and small business in the real estate, financial services and high tech industries. Mr. Martinez has been practicing law for 30 years. In addition to his state-wide network of clients, Ralph Martinez has represented individuals and businesses across the United States, Mexico, Canada, Central America, Europe, Africa, Asia and Australia. Mr. Martinez writes a blog to entrepreneurs and small businesses on the Internet through his website located at http://www.martinezlawoffice.com.

Ed Rigsbee, Certified Speaking Professional, has been fumbling, bumbling, and stumbling his way through the organizational mazes of for-profits and non-profits for over four decades. For the last two decades, Ed has been an observer, researcher, and teacher; helping organizations of all sizes to build successful internal and external collaborative relationships. Ed travels internationally to deliver keynote presentations and workshops on profitable alliance relationships. In addition to serving as the president of Rigsbee Research Consulting Group, Ed also serves as the executive director of a (501 c 3) public non-profit charity. Ed has authored three books and over 1,500 articles helping organizations to take full advantage of their potential. Contact Ed, get additional (no charge) resources, and sign up for his complimentary weekly Effective Executive eLetter at www.Rigsbee.com and also enjoy Ed’s hour-long video presentations available at www.rigsbee.com/selectvideo.htm

© Ralph G. Martinez and Ed Rigsbee 2008. The authors grant reprint permission to all print and broadcast media on the condition that source reference is made to the author and the authors’ websites, http://www.martinezlawoffice.com and http://www.Rigsbee.com. If reprinted electronically, the authors’ website reference is a live, clickable reference.

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[1] Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a hand-held cell phone or other activities not related to driving.

[2] Michigan deals with this issue by defining cell phone use as a “distraction” in a comprehensive “distraction” law.