The Official Publication of the Power & Communication Contractors Association Making 50 in 5 a Reality: A Case Study on the UtiliSource Solution with the City of Columbia PCCA Celebrates 80th Annual Convention with Packed Program Trump Administration 2.0 Reshapes Washington in First 100 Days Protecting Undersea Cables: Innovative Solutions to Safeguard American Security 2nd Quarter 2025 Another Peaceful Transfer of Power 2024/25 PCCA Chair Matthew Gabrielse passes to gavel to 2025/26 PCCA Chair Rob Pribyl
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PCCA Journal|2nd Quarter 2025 5 2nd Quarter 2025 Official Publication of the Power & Communication Contractors Association Publication Staff PO Box 638 Churchton, Maryland 20733 (800) 542-PCCA • www.pccaweb.org ©2025 Power & Communication Contractors Association Publisher Timothy Wagner Editor Michael Ancell Associate Editor Caroline Ferguson Advertising Sales Stacy Bowdring Photography Jorge de Casanova Information Technology Greg Smela Accounting James Wagner Layout & Design Joseph Wagner Trump Administration 2.0 Reshapes Washington in First 100 Days 13 By Ben Brubeck The rapid speed of policy changes during the first 100 days of President Donald J. Trump’s second term is keeping federal government stakeholders and beltway insiders on their toes and presents new opportunities for PCCA members and their industry and government partners. PCCA Celebrates 80th Annual Convention with Packed Program 23 Nearly 450 PCCA members, family, and friends traveled to the newly renovated Grand Hyatt Scottsdale Resort in Arizona to celebrate the association’s 80th Annual Convention. And while PCCA members always enjoy a good party, what keeps them coming back in big numbers is the quality program, this year focusing on advocacy, safety, education, and workforce development. Members also tended to association business, explored Scottsdale and the Sonoran Desert, awarded scholarships, inducted two industry luminaries into its Hall of Fame, and networked throughout the week. PCCA News 7 Human Resources | By Greg Guidry 19 Making 50 in 5 a Reality: A Case Study on the UtiliSource Solution with the City of Columbia | By Heather Christine 37 Protecting Undersea Cables: Innovative Solutions to Safeguard American Security | By Mike Daum 40 Safety Watch 42 Power News 44 Broadband News 49 News Briefs 55 PCCA Member News 61 New PCCA Members 66 Industry Calendar 66 Advertiser Index 66 Officer Directors Board of Directors Nick Anderson Anderson Underground, Inc. Bonnie Burnham Service Electric Company Ed Campbell Quanta Services, Inc. Andy Christine Sellenriek Construction, Inc. Josh DeBruine Michels Corporation Tucker Dotson (Advisory) Ditch Witch John Fluharty (Advisory) Troy Construction Tom Fredericks American Polywater Corporation Matthew Gabrielse Gabe’s Construction Co., Inc Robin Gilbertson J&R Underground, LLC Jake Jeffords Vermeer Corporation Tate Johnson MYR Group Tommy Muse, Jr. Aubrey Silvey Enterprises, Inc. - Retired Nate Newsome GPRS, LLC. Sam Stephens Tjader & Highstrom Jason Tyler Brooks Construction Co., LLC Billy Vincent ElectriCom, Inc. Michael Whitebread J.J. Kane Auctioneers Chris Wozniak Intercon Construction, Inc. Chairman Rob Pribyl MP Nexlevel, LLC Chairman-Elect Craig Amerine Amerine Utilities Construction, Inc 1st Vice Chairman Heath Sellenriek Sellenriek Construction 2nd Vice Chairman Chase Lapcinski Push, Inc. Treasurer John Audi Mears Group, Inc. Secretary Garrett Akin Brooks Construction Co., LLC
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PCCA Journal|2nd Quarter 2025 7 PCCA NEWS 400+ Students Attend PUSH Hands-On Skills Day PUSH Incorporated held its 4th annual Hands-On Skills Day on May 8 at company headquarters in Rice Lake, Wis. The event was created to expose high school students to utility construction through hands-on demos of equipment typically used on jobsites. Students operated directional drills, moved gravel with skid steers, moved dirt with backhoes, picked up objects with mini trackhoes, operated remote-controlled trenchers, and more. One of the more creative and entertaining stands demonstrated how to clear a dead squirrel off a transformer and reset the fuses to restore power to a neighborhood. More than 400 students and 35 educators from 20 school districts across the region attended the event. “Skills Day is about giving back to our great industry and showcasing the many rewarding career paths available,” PUSH President Chase Lapcinski said “It was inspiring to see such strong support from industry-leading vendors and the enthusiasm of over 400 high school students who participated. Hearing feedback like ‘the best event ever attended’ from students and educators underscores the impact this event makes. We’re proud to help shape the future of our industry.” More than 20 vendors provided equipment and materials for the interactive demonstrations as well as personnel to act as instructors in the live demonstrations. The vendor list reads like a PCCA membership directory, and long-time PCCA member Power & Telephone Supply provided lunch for nearly 450 people. Vendor participation in the event included: • McCoy / John Deere • Vermeer Wisconsin Continued on page 8
PCCA Journal|2nd Quarter 2025 8 • FS3 • Hydra Bed • Eagle Marketing • Ditch Witch of Minnesota and Iowa • Altec / Global Rental Co. • Fabick CAT / Fabick Rentals / Caterpillar • Millennium Rentals & Leasing • Barron Electric • LF George • Broadband Technology Group • Northwood Technical College • Northeast Wisconsin Technical College • Drill Worx • Hubbell Utility Solutions • Sancrest • Dura-Line • Don Johnson Motors • Tel Rep Marketing • ISG PCCA President and CEO Tim Wagner and Education and Research Foundation Executive Director Lisa Wagner attended the event and were very impressed. “The Hands-On Skills Day shows SALES - SERVICE - SUPPLY Proudly Serving the Utility Industry Since 2003 PH: 320-274-7223 | WWW.FS3INC.BIZ PCCA News Continued from page 7
PCCA Journal|2nd Quarter 2025 9 how committed PUSH is to recruiting a qualified workforce. That commitment is shown all over their website, which includes a flashing ‘Apply Today!’ button and an informative careers tab. I’ve found HR Director Brie Farb to be one of the most active and innovative HR directors in the industry. She really helps Chase drive their aggressive approach to workforce development.” “This was one of the best run and most worthwhile workforce development events that I’ve attended,” he continued. “This should be a model for PCCA members around the country to emulate.” “Skills Day is where the classroom meets the real world,” Farb said. “It gives students and educators the chance to step into the field, experience all aspects of the utility construction industry, and imagine futures they didn’t know existed. School leaders consistently tell us this can’t be replicated in a classroom, and they’re right. With the continued support of our industry-leading vendors, we’re not just bridging the gap between education and industry—we’re building the next generation of the utility construction workforce.” The team at PUSH is already planning the 5th annual HandsOn Skills Day. Reach out to Farb at bfarb@push.us if you’d like to contribute equipment, materials, or your time to this incredible workforce development effort. Pay Out Retrieve Figure 8 “ ” PCCA News continued on page 10
PCCA Journal|2nd Quarter 2025 10 During the 2025 PCCA Convention in March, the PCCA Education & Research Foundation announced the recipients of the 2025-2026 PCCA scholarships, each receiving $10,000 toward their higher education: Hudson Jones, Addison Becht, Logan Polenz, and Alexandra Ehrhardt. The foundation also announced the recipients of the “Who Will Do the Work?” scholarships: Blake Tharp, Preston Serini, Micah Danner, Nathaniel Banfield, and Carter Plymale. Each will receive a $1,000 award toward their academic pursuits at the State Technical College of Missouri. $10,000 PCCA Scholarship Recipients Hudson Jones Eagle, Idaho College Selected: Colorado School of Mines Major: Chemical Engineering PCCA Affiliation: Primoris Services Addison Becht Leesport, Pa. College Selected: Saint Michaels College Major: Engineering PCCA Affiliation: InfraSource Logan Polenz Thornton, Colo. College Selected: Colorado School of Mines Major: Engineering PCCA Affiliation: Mears Group Alexandra Ehrhardt Taylor Ridge, Ill. College Selected: Purdue University Major: Accounting PCCA Affiliation: John Deere PCCA Announces 2025-26 Scholarship Recipients In an April letter to PCCA President & CEO Tim Wagner, U.S. Commerce Secretary Howard Lutnick said that the Broadband Equity, Access, and Deployment (BEAD) Program is one of his top priorities and that he looks forward to a partnership with PCCA. “We know that the members of the Power & Communication Contractors Association will play an important role in the success of the BEAD program and appreciate your industry’s commitment to rural America,” Lutnick said in the letter. Lutnick was responding to a letter from Wagner on behalf of PCCA members, congratulating him on his Senate confirmation. “PCCA looks forward to working with you to bring affordable, reliable high-speed internet service to millions of Americans in neglected and underserved communities,” Wagner wrote. “The Secretary of Commerce plays a pivotal role in accelerating the pace at which fiber optic broadband is brought to communities across the U.S. and closing the digital divide,” Wagner continued. “We are committed to fostering this partnership and invite you to rely on PCCA as a trusted advisor for finding the most efficient way of bringing highspeed internet service to all Americans.” Lutnick said that he has directed NTIA to conduct a “rigorous review” of the BEAD Program. “Your insights will be invaluable throughout this process, and I appreciate your offer to work cooperatively with the Department of Commerce as we address the prior administration’s unnecessary mandates and rules,” his letter stated. “As I stated during my confirmation hearing, we will deliver highquality connectivity through the BEAD program and ensure every American receives the benefit of the bargain that Congress intended.” Lutnick Tells PCCA that BEAD Is a Top Priority U.S. Commerce Secretary Howard Lutnick PCCA News Continued from page 9
PCCA Journal|2nd Quarter 2025 11
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PCCA Journal|2nd Quarter 2025 13 The rapid speed of policy changes during the first 100 days of President Donald J. Trump’s second term is keeping federal government stakeholders and beltway insiders on their toes and presents new opportunities for Power & Communication Contractors Association members and their industry and government partners. A Flurry of Executive Orders and Litigation President Trump signed a record 142 executive orders (EOs) in the first 100 days, besting the high watermark of 42 EOs issued by President Joe Biden and 32 EOs issued by the first Trump administration during their initial 100 days in office. Trump 2.0’s Day 1 EOs targeted Biden positions on DEI, immigration, climate, foreign policy, defense, federal workforce, energy, and additional areas of policy disagreement. Federal agencies are now tasked with implementing these policies government-wide, which may allow PCCA’s government affairs team to provide feedback to shape eventual regulations and policies of interest to our membership. Of note, many EOs and related regulatory action by White House Office of Management and Budget and cabinet-level agencies kickstarted litigation and triggered uncertainty regarding the status of contract awards and federal dollars for infrastructure projects funded by the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA). Cutting Red Tape, Waste, Fraud and Abuse As is typical of incoming administrations, President Trump issued a 60-day regulatory freeze allowing new federal agency heads to review active rulemakings carried over from the Biden administration. In addition, President Trump established the Elon Musk-led Department of Government Efficiency (DOGE) to snuff out waste, fraud, and abuse in the federal government. DOGE cancelled government contracts and reduced the federal government workforce, drawing the ire of some lawmakers and media personalities and igniting additional litigation fronts for the Trump administration to fight. Another trio of regulatory-reform EOs signal that the Trump administration is serious about cutting red tape and restoring merit-based competition for taxpayer-funded contracts, which should unlock portions of America’s economy burdened by federal government bureaucracy: • EO 14192, Unleashing Prosperity Through Deregulation, calls on federal agencies to identify 10 existing regulations to be repealed for every new regulation. Continued on page 14 Inside Washington Jaime Steve Government Affairs Solutions jsteve@gasolutions.net (202) 841-5493 Trump Administration 2.0 Reshapes Washington in First 100 Days Ben Brubeck Government Affairs Solutions bbrubeck@gasolutions.net (703) 472-7850
PCCA Journal|2nd Quarter 2025 14 Inside Washington Continued from page 13 • EO 14267, Reducing Anti-Competitive Barriers, directs federal agency heads to provide the Federal Trade Commission and the U.S. Attorney General a list of anti-competitive regulations by June 18. • EO 14275, Restoring Common Sense to Federal Procurement, gives federal agencies and stakeholders six months to make recommendations for a revolutionary overhaul of the Federal Acquisitions Regulations system that is the foundation of the federal government’s rules for federal contract procurement. These EOs may provide a once-in-a-generation opportunity for PCCA stakeholders to address the overly burdensome regulatory and contracting rules from Washington stifling innovation and competition. Tariffs President Trump’s America First Policy tariffs—aimed at reshoring America’s manufacturing industry—resulted in volatile financial markets in April. It raised concerns about exacerbating construction industry material cost inflation, which increased 41 percent between February 2020 and February 2025. It is unclear how long trade negotiations with allied and enemy countries will last, and if deals will cause further market swings and inflation. Workforce Development EO 14278, Americans for High-Paying Skilled Trade Jobs of the Future, directs the secretaries of Labor, Education, and Commerce to review and modernize federal workforce programs and align them with the needs of advanced manufacturing and artificial intelligence. It sets the goal of growing the number of government-registered apprentices from 680,000 to 1 million annually—across all industries—as the construction industry is responsible for 36 percent of all industry apprentices. Notably absent from the Trump administration’s workforce development EO is a mention of Industry Recognized Apprenticeship Programs, a concept the first Trump administration championed via EO and U.S. Department of Labor (DOL) policy that was eliminated by a subsequent Biden EO. Expect federal agencies to flesh out more details about policies to address America’s skilled labor shortage across all industries, which includes a shortage of 439,000 people in the construction industry, according to analysis by Associated Builders and Contractors. NLRB Shakeup and Labor EOs A series of first 100-day EOs and Biden policy reversals signaled to Washington that the Trump administration is not afraid to push back on the demands of union lobbyists, following four years of Biden attempting to deliver on his promise to be the most pro-union President in American history. The National Labor Relations Board has just two sitting members after President Trump took the unprecedented step of firing NLRB member Gwynne Wilcox, a Biden appointee. A final decision is pending from the Supreme Court as to whether Wilcox’s removal was lawful. President Trump followed precedent set by Biden by firing the NLRB’s then-General Counsel, Jennifer Abruzzo, with time left on her four-year term. President Trump then appointed William Cowen as the Acting General Counsel. Cowen already has rolled back many of Abruzzo’s initiatives that elevated the priorities of labor unions. President Trump nominated management-side labor lawyer Crystal Carey to be the agency’s next GC, and no date has been set for her confirmation hearing. Because the NLRB lacks a quorum, pro-union decisions that the agency issued during the Biden administration cannot be rolled back until at least one of the three vacant board seats are filled via Senate confirmation at the end of a board member’s respective staggered five-year term. On March 14, EO 14236, Additional Recissions of Harmful EOs and Actions, eliminated 19 Biden administration EOs, including three union-friendly priorities undermining competition and efficiency in government contracting: • Requiring A minimum wage for federal contractors (EO 14026) • Promoting and requiring registered apprentices on federal and federally assisted contracts (EO 14119) • Government-mandated project labor agreements and other union-friendly policies on federally assisted contracts (EO 14126) Stopping President Biden’s anti-competitive and inflationary pro-PLA policy on federally assisted projects is a win for fair and open competition, but it does not prevent blue-state and local governments from mandating PLAs on federally assisted projects, including broadband and electric power projects of interest to PCCA members. It also does not fix the controversial Biden EO 14063 mandating PLAs on direct federal construction contracts of $35 million or more, which is currently subject to legal challenges pending in the U.S. Court of Federal Claims and the U.S. District Court in Jacksonville, Fla. Expect additional activity from the White House and the
PCCA Journal|2nd Quarter 2025 15 courts on Biden’s pro-PLA policies in the next 100 days. On March 11, Lori Chavez-DeRemer was sworn in as the 30th U.S. DOL Secretary after a successful bipartisan confirmation vote by the full Senate. During her confirmation hearing, Chavez-DeRemer walked back her support of controversial pro-union legislation and policies she championed while representing voters of Oregon’s 5th Congressional District in the 118th Congress and her failed re-election campaign. Chavez-DeRemer and seasoned DOL deputies are expected to play a key role implementing President Trump’s workforce development, safety, and deregulatory agenda. Ongoing litigation and likely policy changes to Biden pro-labor regulations related to independent contractors, overtime, and OSHA’s heat and union walkaround rules are going to be top priorities for the Trump administration’s DOL to address this year. The Need For BEAD Speed Following a successful late January Washington, D.C. fly-in— where PCCA members met with 119th Congress lawmakers and Trump administration officials—the association ramped up an advocacy campaign with the help of Mercury Public Affairs (covered in more detail in the last PCCA Journal’s Inside Washington column). PCCA remains laser-focused on unlocking the $42.45 billion in federal funding from the Broadband Equity Access and Deployment (BEAD) Program managed by the U.S. Commerce Department’s National Telecommunications and Information Administration. The IIJA’s infamous BEAD program has still failed to connect a single home or business to broadband since it was signed into law in November 2021 and has effectively frozen broadband infrastructure projects as stakeholders wait for federal money. Its successful deployment will result in at least $60 billion worth of contracts for PCCA members to chase and will ultimately deliver downstream benefits to manufacturing, agriculture, healthcare, education, tech, construction, and other industries that depend on reliable fiber and broadband that constitutes the backbone of a modern U.S. economy. As the Trump administration and Congress slash government spending and duplicative broadband programs, industry concerns that the BEAD program might be on the chopping block appear to be eased. PCCA’s collaboration with state Continued on page 16 IntelliJet For cables OD .15"-.60"/4 to 16 mm and ducts OD .27"-1.66"/7 to 42 mm. This smart jetting device monitors, supervises and records the installation parameters. The IntelliBox™ generates a detailed report, which can be exported in PDF format via Wifi, Bluetooth or Memory Stick. Its large color, touch and resistive display makes it easy to read and use in all conditions. Like the MiniJet™, it is a multipurpose jetting device. Its design and high quality construction improve installation performance. Its components are selected and manufactured to meet the highest requirements. Key Features of the IntelliJet™ *Cable Speed:0-400FPM *Max CableDiameter:.15" -.60”/4-16mm *Duct OuterDiameter:.27”-1.66”/7-42mm *Recommended Compressor CFM:35-400 CFM (perduct I.D.) *Recommended CompressorPSI:150PSI-232 PSI PAM Plumettaz America Corp. 225 Thrasher Pike, Soddy Daisy, TN 37379 www.plumettazamerica.com 1-855-PLUMETT
PCCA Journal|2nd Quarter 2025 16 broadband offices and industry coalitions, meetings with NTIA officials, and advocacy efforts to unfreeze the program and deliver a win for America’s economy have produced encouraging results. On April 22, NTIA announced that all states have an extra 90 days to submit their BEAD spending plans. PCCA expects NTIA to release additional details about how broader policy changes via the Trump administration’s first-100-day EOs will alter state BEAD spending plans. This deadline change suggests the BEAD program is safe. However, PCCA will continue to oppose additional delays to the BEAD program and promote permitting reform/relief so BEAD-funded projects can be completed in the next 12 months. Of note, President Trump’s May 2 skinny budget called for the termination of new broadband funding through the United States Department of Agriculture’s ReConnect Program responsible for expanding rural broadband access. PCCA’s team is working to protect USDA’s Rural Utilities Service’s broadband programs, which have generally been well-run and successful. 119th Congress: Confirmations and Budget Reconciliation The 119th Congress spent the first 100 days adapting to new leadership, committee assignments, and Trump administration policies while moving the White House’s agenda primarily through Senate cabinet confirmations and the budget reconciliation process. U.S. Senate Majority Leader John Thune (S.Dak.)—succeeding Sen. Mitch McConnell (Ky.) after an 18-year tenure—has pushed the 53 to 47 Republican Senate majority to rapidly confirm President Trump’s nominees to fill key federal agency leadership positions. All top Trump 2.0 cabinet officials have been confirmed, despite contentious confirmation hearings. To date, 53 of President Trump’s 279 nominees have been confirmed, with many more nominees—and federal judges—expecting confirmation votes in the next 100 days. Despite a slim 220-215 Republican majority and diverse voices of the Republican caucus, House Speaker Mike Johnson (La.) has been artfully moving the Trump agenda forward specific to tax cuts, government spending reductions, border security, defense, Medicaid reforms, and unleashing American energy primarily through the budget reconciliation process. In February, the House and Senate Budget committees passed a budget resolution that includes reconciliation instructions for specific committees to set spending and revenue targets for the budget. During the last week in April, most committees marked up and reported their bills to the House and Senate Budget committees to compile into one bill. A bicameral conference of party leaders will convene to rectify differences between the eventual House- and Senatepassed versions of the legislation. Next, a simple majority vote by the House and Senate is required to send “one big, beautiful bill” to President Trump’s desk by the self-imposed deadline of July 1. The budget reconciliation process must be enacted as early as possible in 2025 so that GOP members of Congress can help voters understand its benefits prior to the 2026 mid-term elections, which traditionally have not been kind to the party occupying the White House. Congress is expected to tackle appropriations bills, infrastructure spending bills, permitting reform and codifying Trump EOs in to law—where possible—as budget reconciliation sucks up most of the oxygen in Congress. PCCA’s government affairs team looks forward to representing your interests before Congress and the Trump administration and welcomes feedback on industry priorities. Inside Washington Continued from page 15 Cleaners for Every Project • Fiber Optic Cables • Hand and Tool • Insulated Rubber Goods • Live Line Tool www.polywater.com 800-328-9384 651-430-2270
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PCCA Journal|2nd Quarter 2025 19 Construction industry employers sometimes encounter intoxicated employees at work, or after work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism. The following discussion will hopefully be useful should you encounter an employee on your jobsite who is an alcoholic. Introductory notes: • Alcoholism may be considered a disability under the ADA. • Employers may be required to offer reasonable accommodations to workers with alcoholism. • Employers do not have to permit workers to drink alcohol at work or be impaired during working hours. Discussion The National Institutes of Health defines alcohol use disorder as “a medical condition characterized by an impaired ability to stop or control alcohol use despite adverse social, occupational, or health consequences.” About 29 million Americans age twelve and over had alcohol use disorder in 2023, according to the National Institute on Alcohol Abuse and Alcoholism. Some workers with alcoholism might qualify for protections under the ADA. Workers may qualify for ADA protections if they have a physical or mental impairment that substantially limits a major life activity, such as sleeping, eating, concentrating, learning, or performing manual tasks. Alcohol addiction may implicate several of these activities, such that it is categorically considered a disability in many cases. A worker with alcoholism may have other coexisting conditions that could qualify as a disability under the ADA, such as insomnia, depression, or anxiety. If a person’s alcohol addiction qualifies as a disability, an employer must provide a reasonable accommodation, unless the accommodation would impose an undue hardship on the employer or poses a “direct threat” to the health or safety of the employee or others. For an employee with alcoholism, reasonable accommodations may include Family and Medical Leave Act (FMLA) leave or sick leave, job restructuring, remote work, modified break schedule, or flexible scheduling to allow time to attend Alcoholics Anonymous meetings, therapy sessions, or even yoga classes. Employers cannot harass or discriminate against employees because of an ADA-qualified disability. However, employers can prohibit workers from consuming alcohol during work hours or being intoxicated during work hours. They can discipline or fire an employee when alcohol use contributes to poor job performance or unprofessional conduct that is not allowed under company policies. Employers cannot ask employees questions about an ADA-qualified disability, including alcoholism, unless it is “job-related and consistent with business necessity.” It is likely that questions about whether a worker can safely perform their job are indeed job-related and consistent with business necessity, particularly if the employee’s behavior is troublesome or unsafe. Unlike random drug tests, employers cannot subject employees to random alcohol tests unless they have reasonable suspicion of alcohol impairment at work. There are exceptions to this rule, particularly for federally regulated safety-sensitive transportation employees, such as truck drivers. Next Steps When an employee is intoxicated at work, there might be signs like slurred speech, stumbling, or breath that smells like alcohol. Employers may want to carefully document the signs they have observed. They can require the employee to take an alcohol test if there is reasonable cause, including the aforementioned signs or a workplace accident. If it is determined that the employee is violating the employer’s drug and alcohol policy by being intoxicated at work, discipline or termination is appropriate, regardless of whether the employee is an alcoholic. Construction industry employers should ensure that their policies and practices do not treat workers who are alcoHuman Resources Greg Guidry Ogletree Deakins Nash Smoak & Stewart greg.guidry@ogletree.com (337) 769-6583 Continued on page 20 Complying with the ADA When Managing Employees with Alcoholism
PCCA Journal|2nd Quarter 2025 20 Human Resources Continued from page 19 holics in violation of the above requirements of the federal ADA and/or applicable state laws prohibiting discrimination against disabled workers. Conducting workplace investigations is one of the most challenging and important duties that employers must take on. How the employer investigation team responds to complaints about harassment or other workplace misconduct can have huge legal and practical implications for your company. Below are 10 common workplace investigation mistakes: 1. Ignoring complaints. Failing to take action on a complaint is one of the biggest mistakes employers can make. Choosing not to conduct an investigation after learning of allegedly inappropriate conduct may result in your company being legally responsible for harm caused to an employee, customer, or others due to the inappropriate conduct. You should investigate regardless of how frivolous or unfounded the complaint appears or who complained. Just because a complaint is anonymous does not excuse a failure to investigate. 2. Not having a plan. Create a preliminary plan for the investigation so that you understand the purpose of the investigation. Think about the five Ws: * Why are you investigating? * Who will conduct the investigation? * Who are the witnesses who must be interviewed? * What evidence must be collected? * What is your investigative timeline? 3. Taking too long. Delaying the start of an investigation may lead to employer liability, particularly in harassment and discrimination cases. Deciding to wait to begin an investigation may be viewed as subjecting the employee to additional unlawful behavior. Your timing goal should be to strike a balance between adequately preparing for the investigation and avoiding unreasonably long delays. 4. Not training investigators. Poorly trained investigators can’t promptly respond to complaints, making the inquiry ineffecWorkplace Investigation Mistakes to Avoid
PCCA Journal|2nd Quarter 2025 21 tive. Train several employees who can conduct an impartial, professional, and credible investigation. Another option is to use professionals outside your company, including independent investigation professionals or outside attorneys. 5. Accepting half-measures. Conducting a sloppy investigation by failing to interview necessary witnesses, failing to review relevant documents, or ignoring potential issues that come up during the investigation can create just as much legal exposure as not doing an investigation at all. 6. Conducting unlawful searches. Searching an employee’s personal belongings or monitoring certain communications without consent can violate several federal and state laws. Avoid liability by having the right to conduct searches and to monitor activity by having a policy in your employee handbook or policy manual and procuring your employees’ written consent to cooperate in any such activities. 7. Interviewing too aggressively. Aggressive tactics may result in legal claims such as false imprisonment and coerced confessions. More practically, you risk dissuading employees form cooperating in the investigation, thus failing to understand what happened. Conduct interviews in appropriate locations, outline questions in advance, and use open-ended questions when possible to get the entire story. 8. Promising confidentiality. Never promise an employee that his or her complaint will remain confidential. There will always be certain information that must be disclosed in order for a thorough investigation to be completed. 9. Failing to create a report. Document investigation processes and findings to support your company’s action regarding the allegations. Failing to document evidence, results of interviews, and other relevant findings is just as bad as failing to conduct the investigation. It is recommended that you have another management employee present and taking notes in any investigation interview. Prepare a report for every investigation. Include a summary of the matter, the identity of all parties and witnesses, a description of the documents, findings and credibility determinations, and recommended action. 10. Pulling punches at the end. Failing to reach a conclusion and take the necessary steps to address misconduct could expose the employer to legal liability. Once the investigation and report have been completed, a determination should be made regarding whether misconduct occurred and what appropriate actions should be taken. Make sure the complainant does not suffer any adverse employment actions resulting from the determination unless you can prove that the allegations were made in bad faith and/or were fabricated. IN. OUT. INVOICE. With optimized hydraulic efficiency, up to 40% more downhole horsepower* and 35% faster carriage speed than any drill in its class, the JT21 gives you more speed and power to move on to the next job faster than ever before. DITCHWITCH.COM/JT21 *Compared to the previous model ©2025 The Charles Machine Works, Inc.
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PCCA Journal|2nd Quarter 2025 23 PCCA Celebrates 80th Annual Convention with Packed Program Nearly 450 PCCA members, family, and friends traveled to the newly renovated Grand Hyatt Scottsdale Resort in Arizona to celebrate the association’s 80th Annual Convention. And while PCCA members always enjoy a good party, what keeps them coming back in big numbers is the quality program, this year focusing on advocacy, safety, education, and workforce development. Members also tended to association business, explored Scottsdale and the Sonoran Desert, awarded scholarships, inducted two industry luminaries into its Hall of Fame, and networked throughout the week. Soon after November’s elections, PCCA leadership started hearing a lot of negative talk about the Broadband Equity, Access, and Deployment (BEAD) Program and its slow rollout by the Biden administration, and they identified its survival of the as the number one short-term threat to our industry. PCCA promptly engaged a highly connected PR firm and began work on an aggressive campaign, the BEAD Barrier Break Down Agenda, with the tagline Deploy Broadband, Not Bureaucracy. During the Government Issues Panel at the convention, members were updated on the ongoing work and several positive developments. Former Senator David Vitter (R-La.) has been working with PCCA on the campaign, and during the panel he explained our strategy with the Trump administration: “Let’s actually do the build out. Let’s actually put shovels in the ground and do what the Biden administration was never competent enough to do.” On the safety front, one of PCCA’s top priorities is damage prevention, and each year it holds an Excavation Safety Summit along with the Common Ground Alliance and NULCA, the association of locating professionals. PCCA Past Chair Jerrod Henschel, Mears Broadband, moderated the event and gave this advice to contractors: get involved in CGA, submit your data to DIRT, and consider joining the Damage Prevention Institute. Education takes many forms at PCCA meetings, and this year’s convention it included the Leadership Development Program on the Power of Effective Teams, a keynote speech on the Future of Leadership, the Utility Construction Market Overview from FMI’s Chris Daum, the Economic Issues Panel with Continuum Capital’s Mark Bridgers and FMI’s Dan Shumate, and the Annual Associates Exhibit, where contractors learn about the latest products and services in the industry. During his talk, Chris Daum discussed the ridiculously slow rollout of BEAD by the Biden administration. “Put another way, imagine a seventh grader in Mississippi, where 60 to 70 percent of the population has no access to the internet....,” he said. “You could have been in middle school, with the promise of your community having broadband built, and you will graduate from high school and have never seen it. That’s an entire lost generation of education.” The Education Issues Panel encompassed PCCA’s all-of-theabove strategy for workforce development, proving members with reports on technical school partnerships, registered apprenticeships through the Learning Alliance Corporation and TIRAP, the Dura-Line Academy, and the PCCA Education & Research Foundation. On the final night of the convention, members honored outgoing Chair Matt Gabrielse, Gabe’s Construction Co., with the 2025 PCCA Distinguished Service Award and welcomed new Chair Rob Pribyl, MP Nexlevel, and new officers ChairElect, Craig Amerine, 1st Vice Chair Heath Sellenriek, 2nd Vice Chair Chase Lapcinski, Treasurer John Audi, and Secretary Garrett Akin. And finally, the association honored two industry legends by inducting them into the PCCA Hall of Fame: Todd Myers, Kenneth G. Myers Construction Co., and Larry Pribyl, MP Nexlevel. PCCA’s next meeting is its 2025 Mid-Year, September 17-20 at the JW Marriott in Savannah, Ga.
PCCA Journal|2nd Quarter 2025 24 Images of PCCA 2025 Outgoing PCCA Chairman Matt Gabrielse, Gabe’s Construction, welcomes association members to the 80th Annual PCCA Convention in Scottsdale, Ariz.
PCCA Journal|2nd Quarter 2025 25 It’s rare that a market overview presentation is smart, hilarious, and emotional, but Chris Daum, FMI Corporation, nailed all three during his Utility Construction Industry Overview session. PCCA members were happy to hear his positive outlook for both the power and communication markets. PCCA President & CEO Tim Wagner details the association’s extensive efforts to save federal funding for vital broadband and power projects. “We must stay vigilant with the new administration, Congress, and the federal agencies to make sure rural Americans receive the first-world infrastructure they deserve.”
PCCA Journal|2nd Quarter 2025 26 The Government & Industry Affairs Panel isn’t usually this funny. Our best guess is that Dan Levac had just asked a question. Pastor Enoch Chitheka, Phoenix Rescue Mission, discusses poverty, hope, and the idea of being a true neighbor at PCCA’s Annual Prayer Breakfast. “Pain is pain regardless of where you’re living; suffering is suffering regardless of your circumstances.”
PCCA Journal|2nd Quarter 2025 27 During the Education & Workforce Panel, Madison Carroll, Dura-Line Corporation, describes the Dura-Line Academy, which offers 60+ mini courses on designing, deploying, and maintaining networks. She said the company wanted to create “a super-easyto-use resource.” The PCCA Hall of Fame added two industry luminaries to its rolls during the convention: Larry Pribyl, MP Nexlevel (far left) and Todd Myers, Kenneth G. Myers Construction Co. (second from right). Other Hall of Fame members on-hand in Scottsdale were (from left) John Fluharty, Troy Construction; Herb Fluharty, Mears Group; and Dan Levac, PLP. Discussing PCCA’s efforts to preserve the broadbanddeployment parts of the BEAD program, former Senator David Vitter said this is a ripe opportunity for the Trump administration “to do what the Biden administration was too incompetent to do.”
PCCA Journal|2nd Quarter 2025 28 PCCA Board member Sam Stephens, Tjader & Highstrom, and Weston Peiffer, Ditch Witch of Minnesota & Iowa, give thumbs up to the Board/Sponsor Dinner. Andy Leake, ElectriCom, chats with Erik Niceswanger, The Galloway Group; James Johnston, ElectriCom; and his wife, Whitney, during the First-Time Attendee Reception. Smiles all around for the Gabrielse family, from left, Kris, Tim, Karen, and Matt. At the Opening General Session, keynote speaker Mike Lee shares his personal exploration of mindfulness and leadership. “Mindfulness is to your brain what exercise is to your body.” Board member Robin Gilbertson, J&R Underground, and Jaime Steve, PCCA Government Affairs, discuss business during the Welcome Reception. Josh & Billie Hinrichs, UtiliSource, relax after the Opening General Session. PCCA Treasurer John Audi, Past Chair Jerrod Henschel, and Nic Lindner, all from Mears Group, catch up during the Chairman’s Welcome Reception & Dinner. Enjoying the Chairman’s Welcome Reception & Dinner are, from left, Whitney Leake, Catherine Bridgers, Emily Baker, and photo-bomber Mark Bridgers.
PCCA Journal|2nd Quarter 2025 29 Gabe Seidl, Elexco, Inc., and Keith Jackson, Gabe’s Construction Co., enjoy the challenge during the LDP session. A fun exercise building water towers from pasta and masking tape helped drive home valuable lessons on the power of effective teams during the PCCA Leadership Development Program. Andy Patron, HELPS, led the session and tested the water towers at the end! Dan Levac, PLP, regales the Farnham brothers, Matt and Eric of M&E Fiber Optics, during the Annual Associates Exhibit & Breakfast. Bob Sellenriek, Sellenriek Construction (left), holds court during the Associates Exhibit, entertaining Tony Gann, Altec Industries; Ryan Steinbecker, Altec; and Todd Myers, Kenneth G. Myers Construction. Kelly Pribyl, proud grandmother, chats with Kristin Briggs and Janis Lapcinski during the Spouse Breakfast. The Annual Associates Exhibit & Breakfast always attracts a big crowd of contractors interested in learning how to make their projects run more smoothly.
PCCA Journal|2nd Quarter 2025 30 Sam Hall, Damage Prevention Institute, tells the audience at the Excavation Safety Summit about the importance of CGA Best Practices. “What can we all do together to try to avoid excavation damage without the weight of the government telling us how to get it done? Let’s do it for ourselves; let’s work together and make this happen. The best practices are the best way to get that done.” PCCA Past Chair John Fluharty, Troy Construction, opens the Past Chair/Education & Research Foundation meeting with a seemingly tall tale that delights Past Chair Larry Pribyl, MP Nexlevel. PCCA Past Chair Herb Fluharty, Mears Group, welcomes members to the 53rd Annual PCCA Prayer Breakfast. PCCA members always enjoy the Annual PCCA Pool Day for a refreshing dip (below left) and a little bit of flex time (below right). A large attentive audience greets the panelists at the Annual PCCA/CGA/NULCA Excavation Safety Summit. PCCA Past Chair Jerrod Henschel, Mears Broadband, kicks off the Annual Excavation Safety Summit at the PCCA Convention in Scottsdale. His advice to contractors: get involved in the Common Ground Alliance, submit your data to DIRT, and consider joining the Damage Prevention Institute.
PCCA Journal|2nd Quarter 2025 31 As he does every year, auctioneer and PCCA Board member Michael Whitebread, JJ Kane/Altec, keeps the Live Auction running smoothly with the expert assistance of spotters Jonathan Julian and Brian Sandon. In his Utility Construction Industry Overview, Chris Daum, FMI Corporation, always delivers valuable information and lots of laughs, during and after the session! Bart Jackson, Jackson Infrastructure Services, supports PCCA in a big way with his generous bidding during the Live Auction. Mark Bridgers, Continuum Capital (bow tie), and Dan Shumate, FMI Corporation (no tie), have mostly positive news for PCCA members during their Economic Issues session. Emily Pastotnik celebrates winning the heads-or-tails game during the Live Auction.
PCCA Journal|2nd Quarter 2025 32 Panelists at the Education & Workforce session prepare to update members on the association’s all-of-the-above efforts to get more workers into the utility construction industry. PCCA Board member Garrett Akin, Brooks Construction Co., prepares to loft a shot close to the pin. Karen Testa, Mercury Public Affairs, explains how the BEAD program was a disaster for the Biden administration because it connected nobody but can become a major victory for the Trump administration if they get shovels in the ground. Shawn Strong, President of the wildly successful State Technical College of Missouri, shares some of his strategies for success as well as a few laughs during the Education & Workforce Issues Panel. Gary Bolton, President and CEO of the Fiber Broadband Association, reports on the State of Fiber during the Government & Industry Affairs Panel. Wade Webster, Graybar Electric Co., has to curtail his celebration as Carmen Jackson’s putt rolls wide by a whisker. This big-hitting foursome includes, from left, Ryan Mountin, Midwest Fiber Solutions; Cameron Crane, EPIC Insurance Brokers & Consultants; Tom Fredericks, American Polywater; and Mark Jones, Ditch Witch Worx.
PCCA Journal|2nd Quarter 2025 33 Incoming PCCA Chairman Rob Pribyl, MP Nexlevel, discusses PCCA’s next meeting, the 2025 MidYear, September 17-20, at the amazing JW Marriott Savannah Plant Riverside District. PCCA President & CEO Tim Wagner, right, presents a Hall of Fame award to Past Chair Larry Pribyl, MP Nexlevel, upon his induction into the very prestigious group. PCCA members close out the 80th Annual Convention on the dance floor. PCCA President & CEO Tim Wagner, right, and the entire association congratulate Denis & Patty Scharnhorst on Denis’ retirement from Superior Essex. Jeff & Elyn Brown, Global Machinery, are all smiles during the convention’s Final Party. Past Chair and new Hall of Famer Todd Myers, Kenneth G. Myers Construction: “I am deeply honored and humbled to accept my induction into the Power & Communication Contractors Association Hall of Fame. This recognition is a reflection of not just my own journey, but of the many colleagues, mentors, and industry leaders who have supported and inspired me along the way.” Rex Schick, Fiber Conduit Solutions, congratulates Tate Johnson, MYR Group, on his selection to the PCCA Board of Directors. Robert & Olga Espinosa, VCI Construction, enjoy the party on the convention’s final night.
80th ANNUAL CONVENTION Grand Hyatt Scottsdale Resort & Spa at Gainey Ranch March 7-12, 2025 Thank You Sponsors!
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