Masonry Magazine August 1977 Page. 18
REQUIRED READING FOR ASSOCIATION EXECUTIVES
Eight Potential Areas
For Violation of Antitrust Laws
Association executives should be aware of eight areas of potential antitrust violations. In his workshop session on "Antitrust and the Association Executive," Washington lawyer Arthur L. Herold of Webster & Chamberlain identified these areas and explained potential threats to association executives:
1. Membership: Membership can be defined and limited by geography and function only. Definitions must be reasonable. Remember that associations are not social clubs; you cannot deny someone membership on personal grounds if he fulfills the geographic and functional definitions of the association.
2. Expulsion: The only legal grounds for expulsion are nonpayment of dues or failure to fulfill geographic and functional requirements of the association. If a person has moved or gone into a different type of business, he may no longer fulfill the definition of membership and could then be expelled from membership. If the person is expelled for any other reason, you should provide due process rights in order to avoid antitrust proceedings. This would include a letter explaining why the member was expelled and a hearing where the member has the right to cross-examine witnesses and give testimony in his defense.
3. Association Services: You must make association services available to nonmembers who qualify for membership in your organization. You can charge for the service, and the fee can be reasonably higher than the price charged to members for the service. The only exceptions to this are insurance programs where membership in the organization is required and statistical programs where nonmembers did not participate in the reporting.
4. Price-Fixing: This is the most dangerous area for association executives. To ensure against price-fixing allegations, association executives should:
* Hold meetings only when there is business to discuss.
* Have an agenda prepared, reviewed by counsel, and circulated to members prior to the meeting.
* Have counsel present at all meetings. If prices are discussed, counsel should attempt to stop conversations. If counsel is not present, the president should demand that the discussion be stopped. If talk continues, leave the room and let the minutes show that you left the meeting.
* Minutes should be taken at all meetings, reviewed by counsel, and circulated to members.
* Consult counsel on any questionable situations and heed his advice.
5. Statistical Reports: In making statistical studies, participation in the program should be voluntary and all data should be historical, not future. Collection should be made by an independent third party and kept confidential. The final report should be made in a composite form and distributed that way: never identify individual companies in the report.
6. Standardization and Certification Programs: Product standards should be based on performance rather than materials or construction standards. Keep standards current and keep the cost for participating reasonable.
7. Joint Research Activities: Keep research pure, not applied.
8. Government Activities: Lobbying activity is relatively safe, since the First Amendment right to petition collectively takes precedence over antitrust regulations.
(Reprinted by permission from the October 1976 issue of Association Management. Copyright 1976 by American Society of Association Executives.)
Books
"What About Metric?" Revised and updated edition; 35¢ per copy, 25% discount on orders of 100 or more. Published by U.S. Department of Commerce National Bureau of Standards. Order from: Consumer Information Center, Pueblo, Colo. 81009.
The National Bureau of Standards has revised and updated one of its most popular consumer-oriented guidebooks about the metric system. What About Metric? gives the reader a basic, non-technical primer on the metric system of measurement. Simple explanations of everyday metric units are supplemented by three common weights and measures problems that illustrate the advantages of using the decimal-based metric system instead of the English or customary system. The booklet also explains how the metric system will be used on the job, in the marketplace, and at home. The original version of What About Metric?, first printed in 1973, sold almost 120,000 copies.
"LP-Gas Guide for Architects, Engineers and Builders." 19 chapters; illustrated; $2.00. National LP-Gas Association, 1301 W. 22nd St., Oak Brook, III. 60521.
This comprehensive handbook has been specifically designed to aid architects, mechanical engineers and builders in understanding the many applications of this energy source as well as how to select and specify propane equipment for building projects in the residential, commercial and industrial markets. The guide was produced after research indicated the pertinent LP-gas information and data about LP-gas uses, appliances and equipment, and installations needed by those in the building and construction industries. As a result of this research, the guide contains information on the fuel's many applications as well as detailed drawings and technical tables to assist planners in building design and specification.
"Construction Law In Contractor's Language" by McNeill Stokes. 285 pp.; 6½ x 9%; $19.50. McGraw-Hill Book Co., 1221 Avenue of the Americas, New York, N.Y. 10020.
Designed primarily for general contractors and subcontractors, this useful volume will also be of interest to