Labor-law experts: Employers should consider anti-bullying policies

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UTICA — Most people have been bullied at one point or another in their lives. For many, that sort of teasing and harassment takes place during the school years, and recent awareness of the pervasiveness of bullying at school led to the passage of the state’s Dignity for All Students Act on July 1. The […]

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The law seeks to create a school environment free from discrimination and harassment, but what happens when students leave school and eventually enter the workplace, but the harassment doesn’t stop?

While there currently aren’t any laws on the books in New York addressing anti-bullying in the workplace, this is an issue where employers really should be proactive and consider adopting an anti-bullying policy, attorney Joseph DeTraglia says. DeTraglia is a partner at the Utica law firm of Getnick Livingston Atkinson & Priore, LLP (www.getnicklivingston.com), where he heads up the firm’s labor and employment practice group.

“As an employer, you want to be proactive about these issues because you can’t assume it only happens to other employers,” DeTraglia says of workplace bullying and the issues that can arise from it.

Workplace bullying, at its most basic description, refers to the repeated acts of an employee intended to intimidate and humiliate a co-worker or a subordinate, according to a news release from JusticeNewsFlash.com, a Florida–based legal news website.

In the release, Dallas law firm Clouse Dunn LLP offers some more specific examples of acts that could be construed as bullying including: falsely blaming an employee; treating a worker differently than the rest of the group; swearing at an employee; physically threatening or intimidating an employee; teasing an employee; spreading gossip and rumors about a worker; and excluding the employee from work or social functions.

What makes policing workplace bullying difficult, DeTraglia says, is that while most can agree those sorts of behaviors are offensive, in most cases they are not illegal. But the impact of bullying is very real, he notes, and the reactions can become severe.

“Bullying in a workplace that’s left unchecked could escalate into workplace violence,” he says. That’s why he encourages employers to meet with their legal counsel to review current policies in place and draft new ones if necessary.

All employers should have policies in place to prevent harassment and discrimination under federal laws that prohibit discriminating against employees on a number of classifications including gender, race, age, or sexual orientation.

Many actions that could be interpreted as bullying may fall under those policies, DeTraglia notes, “but you don’t have to stop there. You can have your own code of conduct.”

An employer can set forth a policy that outlines what behaviors will not be tolerated in the workplace and what disciplinary actions will result from violating the policy, DeTraglia says. Such a policy can go a long way toward creating a pleasant and productive workplace, he adds.

The basics of any good policy will include three elements, he said. They are providing an avenue for complaints, investigating those complaints, and taking corrective action where necessary.

“That’s your best defense to a lawsuit,” DeTraglia says. “That you actually have a policy and you take it seriously.”

Along with providing protection from lawsuits, having a good policy in place can benefit employers by increasing morale and productivity and cutting costs associated with replacing and training new staff members when others leave due to bullying behavior, the Clouse Dunn firm said in the release.

The bottom line? “You want to have a workplace where people are not feeling threatened or intimidated,” DeTraglia says.

Contact DeLore at tdelore@tmvbj.com

Syracuse-nonprofit-On-Point-for-College-expands-to-Utica

Health Care, Regional News, Small Business, Subscriber Only

UTICA — Low-income, homeless, and other at-risk youth have new support on their side if going to college is a goal, now that On Point for College, Inc. has opened a location at 524 Elizabeth St. The Syracuse–based nonprofit hopes to send at least 50 Utica–area youth off to college by August 2013, says Executive

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UTICA — Low-income, homeless, and other at-risk youth have new support on their side if going to college is a goal, now that On Point for College, Inc. has opened a location at 524 Elizabeth St.

The Syracuse–based nonprofit hopes to send at least 50 Utica–area youth off to college by August 2013, says Executive Director Virginia Donohue.

On Point for College (www.onpointforcollege.org) received a $250,000 grant to fund its first year of operations in Utica. On Point received a total of $1.9 million last September from a College Access Challenge Grant awarded to the state by the U.S. Department of Education to replicate its program in two cities. Earlier this year, On Point opened a location in New York City in partnership with Goddard Riverside Community Center and New Settlement Apartments.

In Utica, Donohue says, the goal is to meet with at least 150 youth, work with 75 of them, and send 50 students off to college in either January or August.

“Secretly, we hope to beat those numbers,” Donohue says.

On Point considered Utica, Buffalo, and Rochester when looking for a second site to replicate its successful Syracuse model. Utica just stood out, Donohue says, not only for the more than 40 nonprofit and community agencies that came together in support of the project, but also because of the area’s high high-school graduation rate of about 66 percent. There is a disconnect, she says, because only 18 percent of those graduates go on to college, showing a need where On Point can step in and help people achieve that goal.

On Point will reach out to those youth by visiting community centers, homeless shelters, and GED sites to connect with them, she says. The typical goal is to reach out to 10 sites on a weekly basis.

On Point works with youth ages 17 to 25 and doesn’t just help them get into college. The rest of the agency’s work involves keeping the students in college and helping them graduate, Donohue says. That involves the agency’s crew of about 160 volunteers driving students to and from college, handing out school supplies, and meeting with students on campus to make sure they are adjusting to college life.

In Syracuse, almost one-third of the students On Point works with don’t have any parents involved in their lives. Many don’t have a place to live when college isn’t in session. These are all issues On Point helps the students deal with so they have a successful college experience, Donohue says.

Every student that On Point helps complete college has a potential huge impact on the community, she contends. Those graduates often inspire their siblings to attend college and usually make it a priority for their own children to attend college. They also increase the work force with their skills.

“The multiplier effect is amazing,” Donohue says.

Currently, Donohue is meeting with area officials such as Oneida County Executive Anthony Picente, Jr. to assess the work-force needs of area employers. She’s looking to learn what jobs are tough for employers to fill so she can help steer students in those directions.

Donohue hopes the one-room Utica office will be up and running at full speed by October. To start things up in Utica, Donohue says On Point for College is currently looking to hire a program director, two advisers, and an office manager. On Point rents the room from the Educational Opportunity Center operated by Mohawk Valley Community College.

Donohue founded On Point for College in 1999 after eight years of volunteer work helping homeless youth attend college. According to the agency’s 2011 Form 990 on file at www.guidestar.org, On Point generated revenue of $1.1 million, including $226,406 in grants and $532,407 in contributions in the fiscal year covering Sept. 1, 2010 to Aug. 31, 2011. The agency’s expenses were $1 million.

The agency’s Utica–area project partners include Mohawk Valley Community College, the Literacy Coalition of Oneida and Herkimer Counties, and Community Foundation of Oneida and Herkimer Counties, Inc.

Contact DeLore at tdelore@tmvbj.com

PAR pushes cloud-based hospitality product

Manufacturing & Engineering, Regional News, Subscriber Only, Technology

NEW HARTFORD — Earlier this year, PAR Technology Corp. (NYSE:PAR) subsidiary PAR Springer-Miller Systems, Inc. launched a new property-management system for hotels that company officials say puts PAR ahead of its competition and stamps the firm as an innovator. The Stowe, Vt.–based PAR subsidiary began work in 2009 to create a new property-management system for

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The Stowe, Vt.–based PAR subsidiary began work in 2009 to create a new property-management system for the hotel industry that would open up more of the market to the company, which was focusing primarily on the luxury hotel market. That luxury market only comprises about 15 percent of the total hotel rooms around the world, so PAR knew there was a large untapped market it could reach out to if it could create a product the market needed, PAR Springer-Miller President and CEO Larry Hall says.

“We needed to bring a new product to market,” he says. Specifically, PAR needed to have a product that anticipated the needs of hoteliers in 2012 and beyond. “We had to anticipate and evaluate trends in the market,” and build a product around those trends, Hall says.

The result of that effort, started in 2009, is ATRIO, a cloud-based system PAR launched earlier this year with its first installation at Hotel Diva in San Francisco.

ATRIO, which utilizes Microsoft’s Azure cloud system, accomplishes two things, Hall says. First, it capitalizes on the advent of cloud computing and does so on the forefront of the growing trend, he says. PAR Springer-Miller brought its clients a cloud system before cloud computing became the norm, not after the fact, he notes. ATRIO is built for cloud computing and provides an innovative user experience, modular design, and the use of an enterprise service bus, PAR contends. The cloud-based platform also has lower implementation costs for clients.

Second, it creates a new type of user experience that better fits the modern work force. Today’s work force wants products that are intuitive and easy to use. It doesn’t want burdensome technology that comes with a hefty operator’s manual and requires days of training to learn how to use, Hall says.

Those two factors, he says, set PAR’s product ahead of anything competitors have to offer, and, more importantly, set PAR apart as an innovator.

That innovation is important as PAR looks to grow beyond its roots as a point-of-sale hardware provider to the quick-service restaurant industry. The company has a long history of doing business with McDonald’s Corp. (NYSE: MCD), and the fast-food giant is still PAR’s single largest customer. The problem with such an arrangement was evident in PAR’s second-quarter earnings results. The company reported that product revenue slipped 11.4 percent to $20.1 million from $22.7 million a year ago because of a decline in domestic sales to McDonald’s, which had completed its significant technology upgrade program with PAR in fiscal year 2011.

However, PAR’s total revenue rose 10 percent to $62.1 million in the quarter from $56.4 million in the second quarter of 2011 as the company benefitted from revenue gains in other areas.

Products such as ATRIO will help build the PAR brand in the hospitality industry and further diversify the company’s customer base and its product offerings, Hall says.

Reaction to ATRIO has been positive this year, he says. He declined to disclose sales totals or sales projections, but did note the company is in sales talks with several major brands in the hospitality industry.

ATRIO positions PAR as a player in the market with a product that provides flexibility for clients to choose the elements they want and need and the ability to quickly add new features and capabilities as the market demands them, Hall says.

“We think we have a highly innovative piece of technology,” he says. Reaction to ATRIO has exceeded his expectations so far, he adds.

PAR Technology Corp., headquartered in New Hartford, acquired Springer-Miller Systems in 2004. John Springer-Miller founded the company in Stowe, Vt. about 30 years ago and got his start creating comment cards before developing a hotel and resort property-management system.

PAR (www.partech.com) has two main operating segments. Its hospitality technology segment produces and sells technology products for restaurants, hotels, spas, retailers, cinemas, cruise lines, stadiums, and food-service companies. PAR’s government segment develops geospatial and full-motion video systems for various levels of government and provides communications and information-technology support to the U.S. Department of Defense.

PAR’s stock price has increased 35 percent year to date, through Sept. 12. And in early trading on Sept. 13, PAR was at a new 52-week high.

Contact DeLore at tdelore@tmvbj.com

Upstate Medical University chair elected president of national association

Health Care, Subscriber Only

SYRACUSE — The American Academy of Facial Plastic and Reconstructive Surgery (AAFPRS) elected an Upstate Medical University professor as its president. Dr. Robert Kellman, a professor at the medical university and chairman of its Department of Otolaryngology and Communication Sciences, was elected president of the 2,700-member academy. AAFPRS is a professional society promoting high-quality facial

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Sun Environmental Corp. grows quickly over two years

Employee Benefits & Human Resources, Small Business, Subscriber Only

DeWITT — Sun Environmental Corp. wants to keep on trucking after two years of growth. The company, which industry veterans Matthew Notaro and James Hanmer founded in June 2010, specializes in environmental remediation like underground storage-tank removal, industrial cleaning, and contaminated-soil remediation. It also works in waste transportation and disposal as well as consulting. Sun

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DeWITT — Sun Environmental Corp. wants to keep on trucking after two years of growth.

The company, which industry veterans Matthew Notaro and James Hanmer founded in June 2010, specializes in environmental remediation like underground storage-tank removal, industrial cleaning, and contaminated-soil remediation. It also works in waste transportation and disposal as well as consulting.

Sun Environmental added three employees in the last year, bringing its total work force to nine people. Notaro and Hanmer were the firm’s only employees when they founded it.

“We’d like to expand more,” says Notaro, Sun Environmental’s president. “We’re growing fast, but we’d like to keep up a steady growth.”

The corporation does not have any immediate plans to continue hiring, Notaro adds. In part, that’s because winter is approaching. The remediation business is tied to the construction industry, which slows down during the winter months, Notaro says.

Sun Environmental leases a 5,000-square-foot building at 6051 Galster Road in DeWitt. It leases that building from Eric F. Thresh, according to records from Onondaga County’s Office of Real Property Tax Services.

Notaro and Hanmer decline to share revenue totals for Sun Environmental, but say it is on pace to grow revenue by 46 percent in 2012.

Industry experience has helped the company expand quickly, says Notaro, who was a project manager at OP-TECH Environmental Services, Inc. before founding Sun Environmental, according to his LinkedIn résumé. He and Hanmer each have about 15 years of experience in the remediation industry, he says.

“Because of our being in the business for years, we have strong vendors that we can rely on to support us with the disposal of material,” he says. “Where it can go really depends on what, specifically, it is. If it’s oily water it will go one place. If it’s sludge it will go another.”

Notaro declined to name any of the vendors Sun Environmental works with for waste disposal. But he says his connections have allowed him to set up green operations, such as trucking wastewater from one client and supplying it to a local company for reuse. That keeps the receiving company from tapping into the county’s supply of fresh water, he says.

“It’s beneficial reuse,” Notaro says. “And it wasn’t like that before we took over.”

Sun Environmental has not worked on large-scale construction projects to this point, although Notaro and Hanmer say they have the experience to handle remediation on brownfield sites. The company takes care of many smaller jobs, according to Notaro. Moving up to larger projects is one way he hopes to expand.

The firm has no plans to grow to serve downstate New York. It will currently work on projects across Upstate, from Buffalo to New York’s eastern border and from the Canadian border to the Pennsylvania border, Notaro says.

Running an environmental remediation company required a substantial investment in equipment, according to Hanmer, who is Sun’s CEO. Sun’s equipment includes a liquid vacuum truck, a wet-dry vacuum truck, an 8,000-gallon transport trailer to haul waste, pickup trucks, box vans, a spill trailer, and a range of other small equipment. Hanmer says he does not have an estimate of the investment the business made in its equipment.

“We slowly acquired it,” he says. “The startup cost was a little bit, and once we got started it grew.”

M&T Bank provides Sun with a line of credit as well as equipment loans.

Contact Seltzer at rseltzer@cnybj.com

Manlius firm launches technology used in biogas production

Energy, Environment & Sustainability, Manufacturing & Engineering, Small Business, Subscriber Only

MANLIUS — A local business with new technology for use in production of biogas from animal waste has closed its first two commercial sales. American Biogas Conditioning’s process removes a corrosive substance from the biogas produced by anaerobic digestion. The company installed its equipment at Twin Birch farm in the town of Skaneateles in June

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MANLIUS — A local business with new technology for use in production of biogas from animal waste has closed its first two commercial sales.

American Biogas Conditioning’s process removes a corrosive substance from the biogas produced by anaerobic digestion. The company installed its equipment at Twin Birch farm in the town of Skaneateles in June and plans to bring its system online at Roach Farm in Venice Center (Cayuga County) in September.

Anaerobic digesters use bacteria to break down animal waste into a gas made mainly of methane. The gas is then burned for energy.

The gas also contains hydrogen sulfide, which is highly corrosive if not removed, says Kamyar Zadeh, American Biogas president and CEO. Hydrogen sulfide is not normally removed from biogas before use, he adds.

Over time, the gas can damage engine gaskets and seals, according to the New York State Energy Research and Development Authority (NYSERDA), which has provided $470,000 in funding for American Biogas’ work.

The company’s process uses bacteria to convert hydrogen sulfide to sulfuric acid. The acid is then mixed back into discharge from digesters, which actually creates a more useful fertilizer for farmers to apply to their fields, Zadeh contends.

Other methods to remove the hydrogen sulfide exist, but they generally involve filters that must be replaced over time, Zadeh explains. That drives up costs.

American Biogas is a subsidiary of Blue Electron, a Manlius–based company that works on digester projects. Blue Electron launched American Biogas as a joint venture with TS Umweltanlagenbau GmbH, a German manufacturer with additional expertise in the biogas field.

Blue Electron had been working with the Cayuga County Soil and Water Conservation District on a digester project. American Biogas, founded in 2009, and its system grew from that project, Zadeh says.

The company tested the system at the conservation district’s digester, located in Auburn.

The potential for the company is strong, Zadeh adds. He estimates there are 160 digester projects around the country that could benefit immediately from American Biogas’ system.

The technology has other potential applications in municipal wastewater treatment, Zadeh says. It’s a field American Biogas leaders are just beginning to explore now.

In that market, there are about 1,200 units across the nation that are potential American Biogas customers, Zadeh contends.

The firm currently employs four people full time and four people part time. The company could eventually grow to produce about 40 of its systems per year and employ 40 people, Zadeh says.

Contact Tampone at ktampone@cnybj.com

Covanta Energy continues pumping out power from waste

Energy, Environment & Sustainability, Subscriber Only

ONONDAGA — After more than 17 years, Covanta Energy is still turning Onondaga County’s trash into the electricity grid’s power. Morristown, N.J.–based Covanta (NYSE: CVA) operates the energy-from-waste Onondaga County Resource Recovery Facility at 5801 Rock Cut Road in the town of Onondaga through its Covanta Onondaga, LP subsidiary. The 39,000-square-foot facility takes the nonhazardous

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ONONDAGA — After more than 17 years, Covanta Energy is still turning Onondaga County’s trash into the electricity grid’s power.

Morristown, N.J.–based Covanta (NYSE: CVA) operates the energy-from-waste Onondaga County Resource Recovery Facility at 5801 Rock Cut Road in the town of Onondaga through its Covanta Onondaga, LP subsidiary. The 39,000-square-foot facility takes the nonhazardous trash from nearly all of Onondaga County and burns it to generate electricity. Covanta uses some of that electricity to run the facility, while selling the rest to the power company National Grid (NYSE: NGG).

“Anything that doesn’t go in the blue bin goes here,” says Kathleen Carroll, Covanta Onondaga business manager. “About 90 percent of our power goes to the grid, and we power about 32,000 homes in Onondaga County.”

The Onondaga facility generates up to 39.5 MW of power. It can burn up to 361,350 tons of waste a year — 990 tons per day. Covanta estimates its power production over the last 10 years has prevented 5.5 million barrels of oil from needing to be burned to produce electricity.

However, amid the difficult economy, the energy-from-waste plant is currently operating at about 20 percent below capacity. It hasn’t burned near capacity levels since 2007, when it came within 6,000 tons of incinerating its annual limit.

That doesn’t have Covanta rethinking a relationship with the Onondaga County Resource Recovery Agency (OCRRA) under which it operates the plant, according to Carroll.

“We just want to continue the successful joint operations,” she says. “It’s worked well for 17 years.”

Covanta and OCRRA co-own the energy-from-waste facility, according to Mark Donnelly, OCRRA’s executive director. The two entities share its revenue.

OCRRA generated just under $7.6 million in revenue in 2011 from electricity sales, according to its 2011 annual report. It budgeted for energy-from-waste sale revenue of slightly under $8.1 million in 2012, its 2012 annual operating budget summary shows.

Covanta operates 44 energy-from-waste facilities worldwide and 40 in North America. The company does not break down revenue generation between its different locations, but it generated a total of $400 million from electricity and steam sales in 2011, according to that year’s annual report. That’s down from $420 million in 2010.

Donnelly doesn’t expect the Onondaga waste-from-energy plant’s capacity to stay low forever. If consumers pick up their rate of purchasing consumer goods, the county will start generating more trash, he says.

“Right now we’re not at full capacity,” Donnelly says. “And that’s because of the economic downturn. With consumption low, tonnage is low.”

In addition to generating energy, burning trash keeps material out of landfills, according to Covanta. Burned trash is reduced in volume by about 90 percent, the company says.

The remaining 10 percent is ash that landfills can use as daily cover in place of other covers like soil, says Stan Longo, facility manager of the Onondaga plant. The facility also pulls metal out of the ash before sending it to landfills, he says.

“We’ll do roughly 8,000 tons of ferrous and 450 tons of nonferrous recovery annually,” he says. “The ferrous metal is recovered by a big drum magnet. The nonferrous, we have an eddy-current system that captures mainly aluminum.”

Recovered metal is sold to processing facilities for recycling and use in new products, Longo adds.

The energy-from-waste plant uses a continuous monitoring system to make sure it remains within emissions standards, according to Longo. The facility uses acid and gas scrubbers, a bag house, and cleaning technologies to prevent contaminants like hydrogen chloride, hydrogen fluoride, sulfur dioxide, and mercury from making it into the air, he says.

Covanta employs 46 people at the Onondaga facility, which won the 2012 Gold Excellence Award from the Solid Waste Association of North America for environmentally and economically sound waste management. It has operated the plant almost every day of each year since it opened for commercial operation in February 1995.

“Twice a year you have boiler outages on each of the three units,” Longo says. “And then every two to three years you have a total plant [shutdown] just to do work on steam systems that you can’t do online.”

Contact Seltzer at rseltzer@cnybj.com

ESF, ReEnergy collaborating on willow project

Energy, Environment & Sustainability, Health Care, Subscriber Only

SYRACUSE — A collaboration between the State University of New York College of Environmental Science and Forestry (ESF) and ReEnergy Holdings, LLC aims to encourage the growth of shrub willow in Central and Northern New York as a renewable-fuel source. The U.S. Department of Agriculture (USDA) is backing the effort with $4.3 million in funding.

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The U.S. Department of Agriculture (USDA) is backing the effort with $4.3 million in funding. The willow will be grown on farmland throughout the region and used as fuel for biomass-powered energy producing facilities in the area owned by ReEnergy, according to ESF.

ESF and the company will work together to educate local-government officials, agricultural leaders, farmers, and landowners about the opportunity to grow willow. The money is available through a USDA program designed to help renewable-energy companies and farmers manage the risk of developing crops that can be used for power, heat, and fuel, according to ESF.

The main goal of the project is to demonstrate a full willow biomass-production system on a commercial scale.

“ESF scientists have invested 25 years of research in the development of shrub willow as a sustainable resource for bioenergy and other bioproducts,” ESF President Cornelius Murphy said in a news release. “We’re now bringing that research to fruition as we increase our energy independence, reduce our carbon footprint and provide an opportunity for jobs for the people of Central and Northern New York.”

ReEnergy owns facilities that use biomass to produce renewable thermal and electric energy. The company employs 260 people in New York, Maine, Connecticut, and New Hampshire and generates 240 megawatts of energy.

The firm owns facilities in Lyons Falls, Chateaugay, and Fort Drum.

“This is an exciting opportunity to demonstrate fast growing wood biomass cultivation on a commercial scale,” Charlie Niebling, general manager of New England Wood Pellet and president of the New York Biomass Energy Alliance, a statewide trade organization, said in the release. “New York has an abundance of marginal farmlands that can be put to productive use helping America produce homegrown and renewable energy, while helping to restore our rural economy.”

Through the program, interested farmers and landowners will get access to funding to help plant the willow, technical advice from experts, and a guaranteed buyer for the crop in ReEnergy. The project involves planting 3,500 acres throughout Clinton, Essex, Franklin, Herkimer, Jefferson, Lewis, Oneida, Oswego, and St. Lawrence counties, according to ESF.

The 11-year project is expected to produce almost 400,000 green tons of biomass for use in ReEnergy facilities. The willow can be harvested every three years and will have the potential to continue producing biomass for at least another 10 years after the program ends, ESF said.

“Through this kind of collaboration, the new technology that has been developed can be utilized here locally, and we get the benefit of broadening the availability of additional renewable fuels while also creating jobs and improving the regional economy by supporting local farmers and landowners,” ReEnergy CEO Larry Richardson said in the release.

SU center schedules seminars on veterans’ issues

Health Care

SYRACUSE — The Syracuse University (SU) Veterans’ Resource Center is planning a series of seminars this fall on key issues relating to veterans. The topics

First endowed professor at SUNY Oswego to focus on finance

Health Care, Insurance & Financial Services

OSWEGO — The first endowed faculty member at the State University of New York (SUNY) Oswego brings 30 years of experience on Wall Street to

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