Portable Sanitation Association International

Association Insight July 5 2017

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W EEKLY EDITION JULY 5, 2017 Saving the Show When Bad Actors Th reaten the Portable Sanitation Industry … continued Scenario What We Can Do What We Don't Do A company reports to staff they have reason to believe a competitor is engaging in unlawful behavior • Educate the company leader about how to discern between (a) un lawful behavior, (b) unethical behavior, and (c) competitive behavior that is frustrating but also legal and ethical • If the report is about behavior that is clearly unlawful, explain how to notify the relevant authorities and under what circumstances anony mous reports may be allowed. Also explain why the PSAI cannot make the report for them. • Educate the company leader about the PSAI's formal complaint process and how it can/cannot be used to address the behavior of other companies • Follow the procedure if th ey file a complaint • If the complaint is "founded" the committee determines appropriate measures (e.g., voluntary corrective action, admonishment, censure, probation, or removal from the PSAI) to address the situation • Portray the PSAI or its staff as expert s on the laws governing the portable sanitation business in all states and jurisdictions • Take sides • Contact the company that is the subject of the report un less a formal complaint is filed Scenario What We Can Do What We Don't Do A PSAI Member complains that another Member company's prices are too low and wants the PSAI to intervene • Educate the Member regarding laws relating to pricing • Suggest they talk with legal counsel if they believe the competitor is engaged in pricing or trade practices that are no t protected by law • Recommit the PSAI to educating its Members regarding pricing strategies in general and the overall impact on the industry of "a race to the bottom" using the weekly newsletter and sessions at PSAI events • Educate the company leader about the PSAI's formal complaint process and how it can/cannot be used to address the behavior of other companies • Follow the procedure if they file a complaint • If the complaint is "founded" the committee determines appropriate measures (e.g., voluntary correcti ve action, admonishment, censure, probation, or removal from the PSAI) to address the situation • Give legal advice beyond a general understanding of pricing and trade laws • Take sides • Contact the other company unless a formal complaint is filed CONTIN UED ON PAGE 11 P AGE 10

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