ICCFA Wireless is a bi-weekly electronic newsletter bringing members of the International Cemetery, Cremation and Funeral Association the latest government and legal, industry and association news. It is available to all ICCFA members current on their dues. Comments, questions and "hot news tips" are welcome. Write to: hq@iccfa.com.

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Federal Labor Board Offers Guidance on Employees' Use of Facebook and Other Social Media

The Obermayer Law Firm has sent this Alert to the ICCFA for the benefit of our members:

The National Labor Relation Board's ("NLRB") Acting General Counsel ("AGC") recently released a report summarizing a number of recent NLRB decisions involving employers' restrictions on employee use of social media. Although these decisions do not have the same force and effect as cases decided by a court of law, they provide insight as to how the NLRB is currently reviewing social media issues that impact employee rights which are protected by Section 7 of the National Labor Relations Act (the "Act"). It is important to remember that an employee need not be represented by a Union to be protected under the Act.

In general, an employer commits an unfair labor practice in violation of the Act by interfering, restraining or coercing an employee in the exercise of his/her rights under Section 7 of the Act. Section 7 provides, in relevant part, that "an employee shall have the right to ... engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."

Although the AGC's Report is lengthy, at more than 20 single-spaced pages, it does a good job of summarizing the facts of each case and pointing out which employer social media policies and practices violated employee Section 7 rights and which were deemed to be lawful. Below are some examples comparing cases where the NLRB found unlawful employer policies or practices (i.e., a violation of employee Section 7 rights) and those the NLRB found lawful.

Unlawful Policies and/or Practices

• Terminating an employee who made and received comments about her supervisor on her Facebook page, whom she called a "scumbag."
• Terminating an employee who commented on a coworker's Facebook page that their manager was "such an a**hole" for improperly deducting taxes from their pay.
• Maintaining a social media policy that prohibited "rude and discourteous" language to a client or co-worker.
• Maintaining a social media policy that prohibited employees from posting pictures of themselves which depict the company in any way, including a company uniform, corporate logo, or company vehicle.
• Terminating an employee who posted pictures of, and sarcastic comments about, food and beverages that were served by his company as a part of a sales promotion event.

Lawful Policies and/or Practices

• Terminating an employee who posted inappropriate comments about mentally disabled patients she cared for during a Facebook conversation with two friends who were not coworkers.
• Terminating a bartender who commented on Facebook about customers and his employer's tipping policy in response to a question from a relative who was not an employee. The bartender referred to his customers as "rednecks" and stated that he hoped they choked on glass as they drove home drunk.
• Maintaining a policy that required employees to respond to all media questions by replying that they were not authorized to comment for the employer, to take the name and number of the media organization and to call the company's public affairs office.

The above examples (and the complete AGC Report) serve as a reminder about the care that employers must exercise when drafting and enforcing social media policies. Whether an employer actually commits an unfair labor practice through its maintenance or enforcement of a social media policy is typically a fact-intensive analysis which often hinges on whether such conduct has infringed upon the employees' right to engage in protected concerted activities (rights protected by Section 7 of the Act). The subtle nuances between lawful and unlawful employer conduct are not always readily apparent. Many times, such violations result from the careless implementation or enforcement of such policies, as opposed to the intentional violation of the employees' rights.

Obermayer attorney Michael Pepperman is retained by the ICCFA as its special labor law counsel. ICCFA may call Mike at 215-665-3032 to answer your questions regarding the AGC's Report and how it may affect your company's existing social media policy or one you are considering implementing.

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Still Time to Register For CPLP and Cremation Certification Programs

There are just a few spots still available in the charter session of the Certified Pet Loss Professional (CPLP) training program, next week (October 2-4) in Fort Worth, Texas. Take the first steps toward earning your CPLP designation. The training will help you increase your companies' professionalism and expand your pet loss business.

A full schedule and registration information is available at www.myplpa.com. Cost is $389. You may still register online or by faxing in a registration form complete with credit card information. Walk-ins are welcome as well. Registration is limited to 60 applicants and 53 people have registered thus far.

The PLPA room block at the Embassy Suites Fort Worth—Downtown is SOLD OUT. Alternative options are the Courtyard by Marriott right next door, or the Embassy Suites' sister property, the Holiday Inn Express on Lancaster, which has a free shuttle to take guests between it and Embassy Suites.

Attendees who wish to apply for the CPLP designation can find the application at www.iccfa.com/files/CPLPapplication_2011.pdf.

Thank you to our Corporate Partners: Paradise Pictures • Matthews International Cremation Division • Antal Products Inc. • Terrybear Urns & Memorials • Let Your Love Grow • Memory Vessels • FuneralSuccess.com • Newnak's Pet Caskets • Monarch Advertising-Monarch Resources • A Keepsake Company • Custom Air Trays

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Crematory Operator Certification
Wednesday, October 5, from 8 a.m. to 5 p.m. with sign-in and continental breakfast beginning at 7:30 a.m. Presented by ICCFA cremation coaches Julie A. Burn, CCrE, CSE; Poul Lemasters, Esq., principal, Lemasters Consulting; and Larry Stuart Jr., president, Crematory Manufacturing & Service Inc. All attendees will receive a comprehensive Operations Manual covering all aspects of crematory operation and maintenance.

Attendees are invited to join CPLP participants for the 40 on 40 event on Tuesday evening (a ticket must be purchased).

Cost is $369. You may register online by choosing to attend just the Crematory Operator Training on October 5 or by attending both the CPLP and Crematory Operator Certification programs (save $50 by attending both!). You may also download a registration form.

The ICCFA room block at the Embassy Suites Fort Worth—Downtown is SOLD OUT. Alternative options are the Courtyard by Marriott right next door, or the Embassy Suites' sister property, the Holiday Inn Express on Lancaster, which has a free shuttle to take guests between it and Embassy Suites.

Please contact Julie Burn if you have any questions at julieb@iccfa.com.

Pet Loss Grief Certification Offered Next Week in Ft. Worth

In three days, earn your pet loss & grief companioning certification, October 6-8 at the Embassy Suites Fort Worth—Downtown. Instructor Coleen Ellis, Two Hearts Pet Loss Center and PLPA Co-chair, will help you to understand the basics of the grief process through the companioning skills needed for a mourning heart, and of self-care needed for this emotionally charged role. Attendees will hear firsthand this informative material, complete with stories of pet loss experiences to aid in the learning process.

Registration for this program is separate and can be made through Two Hearts Pet Loss Center. For more information and to register, visit www.pet-loss-grief.com.

The PLPA room block at the Embassy Suites Fort Worth—Downtown is SOLD OUT. Alternative options are the Courtyard by Marriott right next door, or the Embassy Suites' sister property, the Holiday Inn Express on Lancaster, which has a free shuttle to take guests between it and Embassy Suites.

Perfect Your Sales Moves at 2012 Wide World of Sales Conference

So you think you can sell? Take two days this January to learn how to improve your sales steps at the Wide World of Sales Conference, January 18-20, 2012, at Bally's/Paris Resort & Casino in Las Vegas, Nevada. You'll find training sessions filled with useful, practical tools you can take back to your office and implement immediately.

Join us for the world's largest sales and marketing conference for death care professionals, offering:

• Business relationship expert and bestselling author Garrison Wynn will deliver a keynote address on what the top 1 percent of salespeople do differently as well as a high-impact workshop that shows you how a three-step presentation process can move your prospects to "yes."
• Sales trainer Paul Lushin will share his insights on what to do when you start to lose control of the sale, the sales advice he learned firsthand as a district manager with Fortune 500 company ECOLAB.
• Sessions on prospecting, presenting, cremation sales, social media and more!
• Two solid days of educational seminars offering practical tools and techniques for boosting sales
• ICCFA take-home binder filled with handouts and "how to" instructions
• Registration directory of all attendees to facilitate networking with more than 400 of the best industry sales counselors and managers from around the world
• Wednesday evening Welcome Reception
• Lunch and learn: You and your colleagues will share best practices and prepare to present one idea to the conference
• A chance to win cash and prizes
• and much more!

Register online now or download the registration form here. Seating will be limited to the first 425 registrants, and we expect this conference to sell out, so make your plans now. Bally's Las Vegas is offering attendees the discounted room rate of just $69 per night. To make your reservation, call 877.603.4389 and use discount code SBCCF2.

Printed copies of the program were mailed out two weeks ago. Sponsorships are still available. Download the sponsorship packet here.

October PLPA Webinar on Marketing; Purchase Past Webinars

As a pet care professional, you walk a fine line in comforting grieving pet parents and also trying to make your business prosper. What can you do to offer assistance during this difficult time while also stressing the value of your services? Together, the Pet Loss Professionals Alliance and Two Hearts Pet Loss Center answer this question. Sharpen your marketing skills by participating in the next PLPA webinar on October 18, "Marketing Your Pet Loss Services."

Other upcoming dates:

• November 15: Various Age Segments & Pet Loss
• December 20: How to Conduct a Pet Loss Support Group

Each session will be conducted via webinar from 5 to 6 p.m. Eastern time on the dates listed above. You will be contacted closer to the date of each event with instructions on how to participate in the webinar. COST: $39 per session/$30 per session for PLPA Members. Registration is now open for all seminars. For more information and to register, visit www.iccfa.com/node/2562/Events#griefwebinars.

If you missed past PLPA webinars, here's your opportunity to see what you missed.

• August: Pet Loss Companioning Basics
• September: What the Grieving Pet Parent Needs

Both webinars are available in the online store for you to purchase and download. Cost: $20 for PLPA/ICCFA members each; $25 for non-members each.

Earn Your Cremation Arranger Certification in Pittsburgh, PA

The ICCFA is offering its one-day Cremation Arranger Certification program Friday, December 2, in Pittsburgh, PA, at the Pittsburgh Institute of Mortuary Science. The program will run from 8:45 a.m. to 5 p.m. with sign-in and continental breakfast beginning at 8 a.m.

The only program of its kind, the ICCFA Cremation Arranger Certification offers six hours of in-depth training on how to arrange and create meaningful cremation tributes, how to create unique options for memorialization and how best to communicate all of this to your client families. You'll learn:

• The cremation consumer
• Effective arrangement consultation
• Liability and staff training
• Presenting consumer options
• Cremation code of ethics

Registration includes:

• Six hours of cremation arranger training
• Certified Cremation Arranger certificate
• "Cremation Best Practices" white paper
• Continental breakfast
• Lunch

The program is presented by Julie A. Burn, CCrE, CSE, ICCFA director of cremation services; Ernie Heffner, CFuE, president of Heffner Funeral Chapel & Crematory Inc.; and Mark Krause, CFuE, president of Krause Funeral Home and Cremation Service Inc.

Cost is $349; $79 for students. You may register online or download and complete the One-Day Cremation Arranger registration form.

Please contact Julie Burn if you have any questions at julieb@iccfa.com.

Submit Your Entries for the 2011 KIP Awards

Applications for ICCFA's 2011 Keeping It Personal (KIP) Awards are available for download. The mission of the awards program is to recognize the best in personalization in the cemetery, cremation and funeral service profession. Deadline for submission is December 2.

Created by the ICCFA Personalization Committee, the KIP program honors recipients in five categories:

• Best Practice/Personal Touch
• Most Personalized Service or Memorial
• Events
• Innovative Personalized Product (suppliers only)
• Most Personalized Pet Service or Memorial

Winners are recognized in ICCFA Magazine and at the 2012 ICCFA Annual Convention & Expo in March. Winners also receive a press release for use in their local media.

2011 applications and profiles of past winners are available on the ICCFA Web site at http://www.iccfa.com/certifications-awards/kip/kip-awards.

Fall Book Fair in the Online Store Through October

Here's your chance to buy classic texts on the topic of death care and volumes from past ICCFA conference keynote speakers at the lowest prices we've ever offered. Included among sale items are:

Trust Me: Four Steps to Authenticity and Charisma
Speaking effectively in public situations is a skill we all can use, especially in the business world. In this information-saturated, attention-starved era you often only get one chance to gain someone's attention. Dr. Nick Morgan is one of America's top communication theorists and coaches. His book reveals how recent research points toward a new holistic way to communicate with authenticity and charisma. Buy the book and receive a DVD that contains Nick's PowerPoint and a video of his keynote presentation from the 2010 ICCFA Annual Convention. Price: $39.

Traversing the Minefield—Best Practice:
Reducing Risk in Funeral-Cremation Service
This 464-page volume by Michael Kubasak and William M. Lamers Jr., M.D., covers all areas of operations, from the first call through final disposition, as well as topics such as shipments, third-party providers, risk assessment and insurance, unclaimed cremated remains, handling litigation, job stress and more. Includes 30 samples forms. Price: ICCFA members $85.95; non-members $99.95.

Rest in Peace: A Cultural History of Death and the
Funeral Home in Twentieth-Century America
In 1963, Jessica Mitford's The American Way of Death shocked the nation and provoked scandal throughout the funeral industry as she portrayed undertakers as exploitative businessmen. Forty years later, Gary Laderman comes to the industry's defense with this thoughtful book that became an instant classic. His case is cautious and honest. The author explores American attitudes toward death through various lenses, including cultural, religious and psychological history, which demonstrate a fascination with death and a desire to share an intimate moment with the dead as a part of the grieving process. Price: $12.

Saying Goodbye Your Way
Many are confused by funeral and burial terminology. They don't understand funeral and cremation choices they have when they want cremation. Saying Goodbye helps people personalize and be in control of their funeral services by giving them information rather than prejudging what they should do. John Llewellyn's experience in the field and pro-consumer views make this book a must-read for anyone interested in the subject of funerals and prearrangement. Price: ICCFA members $10.95; non-members $14.95.

Seeing Lessons: 14 Life Secrets I've Learned Along the Way
In this motivational work, Tom Sullivan, one of the most powerful speakers to address the ICCFA, brings his life lessons to the page. His career has introduced him to celebrities and national heroes who had fascinating advice to share with him, including Helen Keller, Jack Lemmon, Betty White and Muhammed Ali. Sullivan's varied accomplishments are remarkable, especially for a man blind since birth. When he writes about his family, his childhood and his disability, readers will glimpse the ambitious, but caring, individual behind this text. Price: ICCFA members $14.95; 18.95 non-members.

Buy your copies today at www.iccfa.com.

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• POSITIONS WANTED
  • Cemetery Operations Manager (eastern United States)
• POSITIONS AVAILABLE

• Sales Management Professional (Michigan)
• Managing Partner and Sales Manager Opportunities (Florida)
• Sales Manager (Shreveport, LA)
• Experienced Sales Manager (New Jersey)
• Sales Manager Positions (Savannah, GA, and New Jersey)
• Funeral Director (Abilene, TX)
• Funeral Director/Embalmer (Wichita Falls, TX)
• Funeral Director (Midland, TX)
• Regional Management Positions (IL, OH, LA, MS, WV, AR, MO, KY, TN, NJ, MD, DE, PA)
• Funeral Home Location Manager (Denison, TX)
• Funeral Director/Embalmer (Lubbock, TX)
• Funeral Director/Embalmer (Kileen, TX)
• Funeral Director/Embalmer (Boonville, MS)
• Funeral Director (Amarillo, TX)
• Funeral Home Location Manager (Taylor, TX)
• Assistant Funeral Home Manager (Houston, TX)
• General Manager (Jacksonville, FL)
• Area Sales Executive (Washington, DC/Baltimore, MD)
• Sales Managers and Assistant Sales Managers (mid-South and Midwest)
• Sales Manager (Lake Worth/West Palm Beach, FL)
• Marketing Professional (Pennsylvania)
• Several Sales Manager Positions (northern Florida)
• Funeral Home Location Manager (northern Los Angeles)
• Community Service Manager/Sales Manager (Midwest)
• Funeral Home Location Manager (El Paso, TX)

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Access to Abenity Employee Discount Program
Give your staff access to more than 100,000 discounts and more than $4,500 in savings per employee. Click here to read the Abenity brochure or visit www.abenity.com/pricing for pricing details. Corporate code: ICCFA.

ICCFA Supply Link Allows Easy Buyer's Guide Searching
The ICCFA Supply Link, an online buyer's guide members can use to easily search for products and services from the convenience of their computers, can be accessed directly from the ICCFA home page. The Supply Link offers a "Search" function whereby members can search according to product type or company name and can be limited to a state or to a certain radius distance from a specified city or ZIP code. Users also can narrow their search to include only ICCFA-member companies. Suppliers that are ICCFA members and exhibitors are identified as such in their listings.

Online Education
The ICCFA offers low-cost online training on a variety of OSHA topics through a partnership with Dignity University. To access the 23 OSHA courses, visit http://online.ecampustraining.com/Dignityu/.

ICCFA News Page
The ICCFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICCFA Web site. Stop in each day and you'll see why.

Music Licensing
The 2011 Music Licenses are available for just $248 per property, no additional fees. Covers ASCAP, BMI and SESAC. Any U.S. funeral home, cemetery or related business is eligible for membership as a Music License Member. Licensing directly with the agencies this year would cost nearly $600 per location, so this price—which requires no additional membership fee—is still the lowest available to the industry. Purchase your license online now at .

Tax-Related Questions
ICCFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICCFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, DC, for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600.

ICCFA Insurance Program
Administered by Alliant Insurance Services, this program allows members to purchase commercial property and casualty insurance—including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more—at rates they probably would not be able to afford on their own. For details, call 800.390.9099.

HR Law Benefit
Through an unprecedented new benefit program, ICCFA members can now access free legal consultations regarding labor relations, human resource management and employment law. Attorney Michael Pepperman of the Labor Relations and Employment Law department at Obermayer Rebmann Maxwell & Hippel LLP (ORM&H), is available to address questions on topics ranging from hiring and firing, to employee privacy and workplace violence, to wages and hours, to equal employment opportunity and wrongful discharge issues. Michael Pepperman, Esq., has spoken on labor and employment issues at several ICCFA conferences and regional industry meetings. To take advantage of this benefit, please call 215.665.3032.

ICCFA Introduces New Sales Training Programs
ICCFA introduces new sales training programs by sales trainer and professional speaker Gary O'Sullivan, CCE. O'Sullivan's two latest products include a 10 DVD Series—The Power to Sell Preneed, and a training support system called the GoSell System. Both products provide sales managers with tools and training strategies that will help them to strengthen and motivate their teams. For more details or to place an order, call the ICCFA at 800.645.7700.

ICCFA Internet Expo
The ICCFA Internet Expo is the largest online exposition in the cemetery and funeral service industry. Cemetery and funeral home owners and operators will find 300+ providers in more than 100 product and service categories. Exhibit space is provided as a free, exclusive benefit to all ICCFA supplier and professional members. Check it out today!

Fraud Prevention & Detection Consultation Service
ICCFA has retained the services of veteran fraud investigator Robert A. Garvey Jr., CPA, CFE, CrFA, CVA, to serve as a consultative resource for members' employee theft and fraud concerns. The new member benefit, the "Fraud Investigation and Deterrence Consultation Service" or FIDCS, will allow members to discuss by telephone any issues or concerns related to suspected fraudulent activity or a desire to put systems and controls in place at their locations to deter such activity. There is no cost to ICCFA members in good standing to utilize this benefit. The number to call is 866.649.1902.

Legal Advice on Cremation Concerns
Courtesy of the ICCFA Government and Legal Fund, ICCFA members now have access to pre-paid legal advice on cremation-related issues. Through this exclusive member benefit, the association has retained Poul H. Lemasters, Esq., of Lemasters Consulting in Cincinnati, Ohio. Poul is an attorney and licensed funeral director, and members in good standing may call him at 513.407.8114 to discuss cremation concerns for up to 20 minutes at no charge.

GPL Compliance Check
Members whose businesses must follow the FTC Funeral Rule's General Price List (GPL) requirements can have their lists reviewed for compliance by attorney Poul H. Lemasters, Esq., without charge. Contact Lemasters at 513.407.8114.

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International Cemetery, Cremation and Funeral Association
107 Carpenter Drive, Suite 100,
Sterling, VA 20164
1.800.645.7700 |
703.391.8400 |
Fax: 703.391.8416
www.iccfa.com

Our mission: Providing exceptional education, networking and legislative guidance and support to progressive cemetery, funeral and cremation professionals worldwide.

Copyright 2011, International Cemetery, Cremation and Funeral Association