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The National Fenestration Rating Council's (NFRC) recent board of directors' election was not been without controversy. Members of the glass, glazing and fenestration industries have questioned a number of issues relating to the matter, including the board's decisions to place certain nominees into certain categories. One such example was the announcement that Marcia Falke of Keystone Certifications had been elected to serve on the board of directors in the "Fenestration Industry" category. Falke is the president of Keystone Certifications, a licensed independent certification and inspection agency. Cliff Monroe of Arch Aluminum & Glass sent an email to NFRC executive director Jim Benney to find out how Falke, who works for a certification agency, came to be considered as part of the fenestration industry. Read the email from Monroe as well as Benney's response below. Jim: Can you please illustrate to me how Marsha Falke's employment fits in any of the following criteria described as 1, 2, & 3 from your email? Fenestration Industry - Five (5) representatives who are employed or affiliated with Members involved in manufacturing fenestration products or components or with Members who are trade associations or other organizations formed to represent such manufacturers. Of those five positions, at least three (3) shall be filled by one individual from each of the following categories: (i) a primary glass manufacturer; (ii) a manufacturer that sells the majority of its fenestration products for use in non-residential construction; and (iii) a manufacturer that sells the majority of its fenestration products for use in residential construction. Cliff Monroe Dear Cliff: The Board of Directors reasonably determined that Marcia Falke fit best in the Fenestration Industry category for several reasons. Please note the language in this section of the Bylaws refers to individuals affiliated with organizations formed to represent fenestration manufacturers. The clients of Keystone, Marcia's company, are almost exclusively fenestration manufacturers and the bulk of the company's revenues come from her company's services to those manufacturers. In addition, her company is affiliated with Fenestration Manufacturers Association and FMA of course fits in the Fenestration Industry category. Also, please note that NFRC IA's [inspection agencies] are also currently included in the Fenestration Industry membership category at NFRC and she is therefore appropriately considered in that same category for purposes of Board service. Therefore, the Board, using the reasonable judgment it is entitled to use in applying the bylaws, did put Marcia in the appropriate Board category. I hope this answers your previous query. James C. Benney |
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