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WSPE eNews
A monthly publication from the Wisconsin Society of
Professional Engineers
January 1, 2007 Edition
1. |
WSPE's President Corner |
Engineering, the quiet profession? The US Department
of Labor publishes occupational employment statistics annually
for over 800 occupations in 23 major groups (www.bls.gov/oes).
There are over 2.3 million US employees in the Architecture
and Engineering group which also has the 4th highest
average wage of the 23 groups, behind only legal, management
and computer/mathematical. A lot of people work in the engineering
field and the engineering profession. How many people know
this?
And engineers are the creators, the designers and builders
of civilization and society. They create the equipment and
the infrastructure for all facets of our society: communications,
transportation, energy, buildings, and much more. How many
people really understand there are engineers behind all of
this?
You do, in all likelihood since you are reading this eNews.
And you probably personally know some of the outstanding professional
engineers that make up this group. As the society of professional
engineers, part of our mission is to promote the profession
and recognize those who have made outstanding contributions.
Can you think of an engineer who has made outstanding contributions,
who exemplifies the very best of the engineering profession?
If so please nominate them for the Engineer of the Year Awards.
Let your chapter know of your nomination or contact the state
office (wspe@wspe.org/414-908-4950).
They may be quiet. But their work and integrity can speak
volumes. And we want to recognize them.
Happy New Year
Robb Peebles
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2. |
2007 Discovery Conference Update |
| The WSPE Waukesha Chapter is continuing to
plan the 2007 Discovery Conference (DC) to be held on Thursday,
April 19, 2007, at the Brookfield Sheraton. The DC will be
followed by the Governor's New Product Awards. Please mark
your calendars and save the date. You won't want to miss this
year's program on "Engineering the Future!" We expect
to have two keynote addresses and up to 8 breakout sessions
with topics such as nanotechnology, environmental engineering,
computer engineering, continuing education, engineering marketplace,
ethics, materials science, biomedical engineering, Great Lakes
water resources, and history of engineering in Milwaukee.
We are in the process of securing speakers, so if you have
specific ideas or if you have a topic you would like to present,
please contact committee co-chairs Jim Buggs or Andy Petersen
at jbuggs@ruekert-mielke.com
or apetersen@ruekert-mielke.com
or by phone at 262-542-5733. We look forward to seeing you
in April!
James A. Buggs, P.E.
Waukesha Chapter Director/WSPE Treasurer/DC Committee Co-Chair
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3. |
Governor's New Product Awards Search Is
On |
| It's time to enter the 2007 Governor's New
Product Awards (GNPA) competition. For more than three decades,
the Wisconsin Society of Professional Engineers (WSPE) GNPA
competition has recognized Wisconsin's leading manufacturers
who have contributed to the state's economic growth through
the development, manufacturing and marketing of new and innovative
products.
As an entrant, companies compete to be named the 2007 GNPA
winner in the mega, large, medium or small company employment
categories. The four Best of State winners will compete in
the 2008 National Society of Professional Engineers (NSPE)
New Product Awards for national recognition. Wisconsin has
won the top award eleven times since 1993.
To view the Official GNPA Call click
here. 2006 WI winners are listed on page 2, page 3 gives
entry instructions and the actual entry form is on page 4.
Applications are due by February 12, 2007.
All entrants, WSPE members and guests are invited to attend
the GNPA banquet, Thursday evening, April 19, 2007 at the
Sheraton Milwaukee Brookfield. This years GNPA banquet will
again be emceed by Mr. Tom Zalaski, WFRV-TV News Anchor, Green
Bay, WI. An invitation to the Governor will be sent and we
have been fortunate the last two years to have Secretary Mary
P Burke, WI Dept. of Commerce as our keynote speaker. In addition
to the awards program, Mr. Lauran Larson, P.E. – WSPE State
Mathcounts Coordinator will introduce our 2007 Mathcounts
state team and their coaches.
The GNPA banquet is a fun, WSPE social event that you will
not want to miss. Banquet details: Registration/WSPE &
GNPA social hour (cash bar) 5 to 6:30pm. Welcome/Introductions/Dinner
6:30pm. Program 7:30pm. Awards Presentation 8:15pm. Acknowledgements/Banquet
ends 9pm
For additional information about the competition or banquet,
please contact:
Dale R. Swenson, P.E.
WSPE 2007 GNPA Chair
414-343-8452 wk ph
dale.swenson@harley-davidson.com
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4. |
WSPE's Presentation of NSPE's 2006 New
Product Award to Rockwell Automation, Milwaukee, WI |
| Back on August 21, 2006, WSPE presented Rockwell
Automation with NSPE's 2006 New Product Award for their MCS-E3
Solid State Overload Relay, in the Mega employment category
(10,000 or more employees). In 2006, NSPE decided not to present
their New Product Awards at the National Convention but instead
asked that the State Board become more involved with the award
presentation.
After discussions with Rockwell and the WI Dept. of Commerce,
it was decided to present the award to Rockwell in Rockwell's
historic clock tower in Milwaukee. After a brief overview
of the Governor's New Product Award (GNPA) program by Dale
R. Swenson, P.E., WSPE 2006/7 GNPA Chair and a brief speech
by Secretary Mary P. Burke, WI Dept. of Commerce, the award
was presented to Bob Lennon, VP, Industrial Components Business.
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The 2006 GNPA Award |
Bob Lennon accepting the award from
Sec. Mary Burke and Dale Swenson |
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Notables (l. to r.): Ted Crandall, Rockwell,
Sr. VP, Components and Packaged Applications Group;
Dale R. Swenson, P.E., WSPE 2006/7 GNPA Chair; Nancy
Short, WSPE Executive Director; Steve Haensgen, Rockwell,
Business Team Leader, Electronic Motor Protection; Robb
Peebles, P.E., WSPE State President; Bob Lennon, Rockwell,
VP, Industrial Components Business; Secretary Mary P.
Burke, WI Dept. of Commerce; Sujeet Chand, Rockwell,
Sr. VP & Chief Technical Officer; Erika Frable,
P.E., WSPE State President-Elect; Jim Buggs, P.E., WSPE
State Treasurer; Mike Tarnowski, Rockwell, Business
Manager, Electronic Power Components |
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Entire Rockwell Team |
Based on feedback and everyone's smiles in the pictures above,
the awards presentation at Rockwell was well received and
a success.
Dale R. Swenson, P.E.
WSPE 2006/7 GNPA Chair
414-343-8452 wk ph
dale.swenson@harley-davidson.com
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5. |
MATHCOUNTS Update |
| The 2007 Wisconsin MATHCOUNTS state competition
will be held March 3, 2007. The Lockheed Martin MATHCOUNTS
National Competition will be held May 10-13 in Fort Worth,
TX.
Volunteers are needed at all of the chapter competitions:
scoring, proctoring and other jobs. It only takes a Saturday
morning. If you are interested in volunteering, please contact
Lauran Larson at lauran.larson@krechojard.com
or 715-577-4071, for time and location details.
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6. |
Welcome New WSPE Members! |
| The WSPE board of directors would like to
extend a heart-felt welcome to the following new WSPE members:
Brian Reitzel
Garrison Commander/Dept. of Military Affairs
Western Chapter
New members contribute to the growth, strength, and leadership
of the WSPE in enhancing its recognition as a leading voice
for Professional Engineers throughout Wisconsin and promoting
excellence in engineering.
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7. |
Arbitration in Wisconsin
By Robert J. Kay |
| Over the past decade I have written several
articles for the WSPE publications on the subject of arbitration.
My August, 2006 article outlined in some detail the current
arbitration procedures of the American Arbitration Association.
Whether one uses the AAA arbitration services or other arbitration
services, the arbitration procedures ultimately applicable
are subject to state and federal law. In Wisconsin , Chapter
788 of the Wisconsin Statutes governs arbitration clauses
entered into and enforced in Wisconsin.
Section 788.01 of the Wisconsin Statutes provides for the
enforcement of arbitration clauses in contracts. In order
for an arbitration clause to be enforced, it must exist in
a written contract. The intent of the parties to arbitrate
their contractual disputes should be made clear in the written
contract language. Limitations that the parties place on the
issues to be arbitrated should also be expressed clearly in
the written contract.
Under § 788.02 of the Wisconsin Statutes, where a party
to a contract which provides for arbitration ignores the arbitration
clause and commences a court proceeding against the other
contracting party, the party sued may seek a stay of the judicial
proceeding from the court and an order referring the matter
to arbitration. § 788.03 of the Wisconsin Statutes provides
the procedure for petitioning a court for an order directing
that the arbitration proceed as provided for in the contract.
The court will entertain a petition to refer the matter to
arbitration and will take evidence and hear arguments from
the parties so that the court may be satisfied that the subject
matter in dispute is covered by a contractual arbitration
agreement. If the parties disagree as to whether the arbitration
agreement requires them to arbitrate, the court will ordinarily
rule on that question, but a jury trial may be demanded where
factual issues are involved which may entitle a contracting
party to a jury trial. If the jury finds that an agreement
for arbitration was made in writing and that there was a default
of the provisions, the court will then order arbitration.
Section 788.04 of the Wisconsin Statutes provides for naming
or appointing arbitrators in the manner provided for in the
parties' written contract. If no method is provided in the
contract for the choosing of arbitrators, the parties may
apply to the court for the designation and appointment of
a single arbitrator or a panel of arbitrators, as the case
may require. Any arbitration brought to recover damages for
injuries sustained by a person arising out of a treatment
or operation performed by one licensed to practice a health
care profession requires a three-person arbitration panel.
Often complex arbitrations involving owners, design professionals
and contractors are handled by three arbitrators.
Section 788.06 provides for an evidentiary hearing before
the arbitrators and provides that the arbitrators have the
power of subpoena. Any person served by a subpoena authorized
by the arbitrators, who refuses to obey the subpoena, may
become the subject of a petition to the circuit court in the
county in which the arbitration hearing is being held for
sanctions. Subpoenaed witnesses in an arbitration proceeding
are entitled to the same witness fees as required in court
proceedings.
Section 788.07 of the Wisconsin Statutes provides that pre-trial
depositions may be taken of witnesses by parties to an arbitration
proceeding. Those parties wishing to discover the testimony
of witnesses prior to the arbitration hearing must petition
to the arbitrators, and once approved by the arbitrators,
a court of record in the county where the arbitration proceedings
are to take place may direct the depositions be taken. These
depositions may then be used as evidence in the arbitration
proceeding. Under a recent court decision, Borst v. Allstate
Insurance , the Court of Appeals held that pre-trial discovery
is limited to that which the legislature has provided. The
Wisconsin Court of Appeals held that except to the extent
the legislature has authorized pre-hearing discovery in arbitration,
there shall be no pre-hearing discovery. Thus, under current
statutory law, arbitrators have no ability to determine the
necessity and scope of other discovery procedures such as
document inspection, written interrogatories, and requests
to admit or deny.
In Borst , the court also held that impartiality was required
by party-appointed arbitrators unless the contract language
specifically allowed a party to appoint an arbitrator to function
in an advocacy capacity. Some arbitration clauses in contracts
call for each party to the contract to name an arbitrator,
and the two arbitrators named to select the third. Questions
have arisen under this procedure as to whether the party-designated
arbitrators are truly neutrals. The third selected arbitrator
has generally always been considered as a neutral. The Borst
court held that even the party-appointed arbitrators are presumed
to be neutral and any bias that they exhibit will be grounds
for invalidating the arbitration award. The presumption of
neutrality of all arbitrators, including party-appointed arbitrators,
may be subject to an explicit provision permitting party-appointed
arbitrators to be advocates rather than neutrals. In the absence
of such explicit language, even party-appointed arbitrators
must be impartial.
Under § 788.08 of the Wisconsin Statutes, the arbitrators'
award must be in writing and signed by the arbitrators or
by a majority of them.
Under § 788.09 of the Wisconsin Statutes, at any time
within one year after the award is issued, any party to the
arbitration may apply to the court for a court order confirming
the award and the court is expected to grant such an order
unless the award is vacated or modified. Section 788.10 provides
for the vacation or modification of awards. Under that statute,
any award may be vacated where (a) the award was procured
by corruption, fraud or undo means, or (b) the award was the
product of partiality or corruption on the part of the arbitrators,
or either of them, or (c) the arbitrators were guilty of misconduct
in refusing to postpone the hearing upon sufficient cause
shown or in refusing to hear evidence pertinent and material
to the controversy or of any other misbehavior by which the
rights of any party have been prejudiced, or (d) where the
arbitrators have exceeded their powers or so imperfectly executed
them that a mutual, final and definite award upon the subject
matter at issue cannot be made. Where the award is vacated
by the court, the court may direct a rehearing by the arbitrators
or by newly appointed arbitrators.
The written award may be modified by the court where (a)
there was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the award, or (b) the arbitrators
awarded upon a matter not submitted to them unless it is a
matter not affecting the merits of the decision upon the matter
submitted, or (c) the award is imperfect in matter of form
not affecting the merits of the controversy. The court may
order the modification and correct the award so as to effect
the intent of the award and promote justice between the parties.
Except for these limited grounds, the award will not be affected
by judicial review and the court will grant an order confirming,
modifying or correcting an award and enter judgment accordingly.
Under § 788.15 of the Wisconsin Statutes, an appeal
may be taken from an order confirming, modifying, correcting
or vacating an award, but the grounds for an appeal must relate
to the limited power of the court to vacate or modify an award.
The Wisconsin courts have expressed support for the alternative
disputes resolution procedure of arbitration, provided that
the statutory requirements are met.
Robert J. Kay is the senior partner in the law firm of Kay
& Andersen, S.C. and devotes his time to representing
professional engineers, architects, contractors, material
suppliers and owners of construction projects. Please feel
free to contact him at (608) 833-0077 or at rjkay@kayandandersen.com.
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8. |
2007 Dates to Remember |
| February 1-25 - MATHCOUNTS Chapter Competitions
February 12 - GNPA Applications Due
February 18-24 - National Engineer's Week
March 3-25 - MATHCOUNTS State Competitions
April 19 - 2007 Discovery Conference
April 19 - GNPA Awards Ceremony and Banquet
May 10-13 - The Lockheed Martin MATHCOUNTS National Competition
will be held in Fort Worth, TX
2006-2007 Executive Committee/Board Meetings
Board of Directors:
| Saturday, February 10, 2007 |
8:30AM–12:00PM |
Green Bay - Foth & VanDyke |
| Thurs, April 19, 2007 |
TBD |
Brookfield - Sheraton Hotel
(Annual Meeting) |
| Friday, June 22, 2007 |
8:30AM–12:00PM |
Leadership Conference - TBD |
Executive Committee:
| Wednesday, January 10, 2007 |
1:00 PM – 2:30 PM |
Conference Call |
| Wednesday, March 14, 2007 |
1:00 PM – 2:30 PM |
Conference Call |
| Wednesday, May 9, 2007 |
2:00 PM – 3:30 PM |
Conference Call |
For a complete listing of local and national events please
go to:
http://www.wspe.org/whatsnew.html.
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