Past ASCCA President Passes Away
Customers Charged for Hazardous Waste Disposal
NLRB Further Delays Rule Requiring Posting of Employee Rights
Introducing ASE Computer-Based Testing
What You Need to Know
To Elevate and Unite Automotive Professionals, and Give Them Voice 

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February 16-18, 2012
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Past ASCCA President Passes Away    


Dear ASCCA members:  It is with great sadness we must report the passing of one of our Past State Presidents. Eugene Francis Walinski was born November 22, 1930, and left us December 23, 2011, after a courageous, three month-battle with brain cancer.  He leaves behind his wife of 57 years, Mary, their seven children, 15 grandchildren and one great grandchild.


Gene served as ASCCA President in1989.  The following are excerpts from e-mails we received from those who knew him:

From current Board Member Declan Kavanagh: "Gene was the most gentle man I ever met. I enjoyed our trips to Sacramento with him and our gang, with Sheldon Miller keeping point."


From past Board Member Jim Justus: "He was a great guy and had a good sense of humor. Both Gene and Mary were always fun people to be around. I remember the "skits" they performed at the IGO/ASC state conventions - they were hilarious.  My heartfelt condolences go out to his family."


From Past President Robert Salerno: "Part of our history has just passed away - a fantastic person.   He and others in Chapter 11 made musical history for IGO/ASC-CA.  The memories of Gene and Mary will never be forgotten."


From Past President Mike Mahneke: "I knew Gene and had the pleasure of seeing the Chapter 11 group put on "Mechanic on the Roof" with a terrific set of the town.  Gene was always kind and a gentleman in my experience.  He will be missed."


Funeral services were held at St. John Eudes Catholic Church in Chatsworth.



Customers Charged for Hazardous Waste Disposal


The Bureau of Automotive Repair (BAR) regulations allow automotive repair shops to charge customers for the cost associated with handling, management and disposal of toxic wastes or hazardous materials.  According to BAR, a repair shop can recover its "costs" for disposal of hazardous waste; however, this charge is not intended to be a "profit" center. Furthermore, the shop must be able to document how the cost of disposal was calculated.


Title 16 Division 33 Section 3356.1, Chapter 1, Article 7 Section 3356.1 states:


 An automotive repair dealer may charge a customer for costs associated with the handling, management and disposal of toxic wastes or hazardous substances under California or federal law which directly relate to the servicing or repair of the customer's vehicle.


Such charge must be disclosed to the customer by being separately itemized on the estimate prepared pursuant to Section 9884.9 (a) of the Business and Professions Code and on the invoice prepared pursuant 9884.8 of the Bus & Prof Code. In order to assess this charge, the automotive repair dealer must note on the estimate and invoice the station's Environmental protection Agency identification number required by section 262.12 of Title 40 of the Code of Federal Regulations.


In order to charge a customer a hazardous disposal fee, the charge must be separately itemized on the estimate and invoice and the repair shop EPA number must also be on the estimate and invoice.


Additionally, if a repair shop is selling some of its waste (i.e. recycled oil), that must be taken into account when determining costs.  In theory, if a repair shop is recovering more money (by selling the waste) than the actual costs of handling, management and disposal of toxic wastes or hazardous materials, then the shop would not be allowed to charge a customer for costs under Section 3356.1


Finally, remember when charging a customer for Hazardous Waste make sure you properly document such costs.



NLRB Further Delays Rule Requiring Posting of Employee Rights


On December 30, 2011, the National Labor Relations Board (NLRB) announced that the effective date for last Summer's final rule requiring employers to post 11 x 17 inch notices in the workplace informing employees of their rights to unionize under the National Labor Relations Act (NLRA) would be pushed back for a second time. The NLRB stated that the postponement was necessary to "facilitate the resolution of the legal challenges with respect to the rule." Originally scheduled for November 14, 2011  and then January 31, 2012, the newly announced effective date is April 30, 2012.

The reasoning behind the NLRB's initial delay to the ruling was a desire for additional public education and outreach to the business community. This second change to the effective date can be attributed to the U.S. District Court for the District of Columbia, which recently requested that the NLRB postpone the effective date again due to a pending legal challenge to the rule.

Click here for the Federal Register Notice announcing the postponement of the rule. 


Introducing ASE Computer-Based Testing (CBT) for 2012


Please click here to view 2012 testing dates and Q & A's about the new program. 


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