On behalf of our members, over 400 independent repairers in Massachusetts, the New England Service Station and Automobile Repair Association (NESSARA) is pleased the so-called “Right to Repair” bill was not voted for in the House. This was a bad bill, with a very different agenda than helping independent repairers and their customers.  Training and education about what is already available to today’s automotive repair technicians, not government intervention, is what is needed.  We are glad that the House understood and listened to our case, and remain dedicated to protecting and enhancing the rights of the independent automotive repairer.

Matt LeLacheur

NESSARA Executive Director

A large group of Mobil gasoline dealers has formed, the Fairness for Fuel Dealers LLC, in an effort to protect the dealers during the recently announce sale of their stations.  Global Partners LP agreed on May 25^th, 2010 to purchase 190 retail gasoline stations in three Northeastern states from ExxonMobil Corp. for $200 million.   

“Our group is committed to ensuring that each and every Mobil dealer is protected during this process, said George Jreige,” a Mobil Dealer and LLC Board Member.  Under terms of the agreement, Global Partners will get the right to supply Mobil-branded fuel to those stations and another 31 Mobil stations owned and operated by independent dealers. Of the 221 stations, 179 are located in Massachusetts, 22 in Rhode Island and 20 are in New Hampshire.  All stations will remain under the Mobil brand.

“Most of us are barely keeping our heads above water. While ExxonMobil has been making record profits, the dealers have been getting squeezed to the point where many of us will not be able to stay in business much longer.  In the last three years, during the worst economy in our lifetime, our rents have gone up by more than 50%.  Volume is way down, and we are often selling gas at a price that barely covers our costs.  It can’t continue, said Jreige.”

ExxonMobil announce its intentions to sell all of its retail locations throughout the United States in the spring of 2008.  Since that time, the dealers have requested a chance to negotiate for the right to purchase their facilities.  Instead, ExxonMobil restricted the bidding process to large fuel distribution companies like Global Partners LP.  Dealers were prohibited from entering a bid on their own locations.  A bill that would guarantee the dealers the right to match or exceed any offer on their station is currently stuck in the Massachusetts House Ways and Means Committee.

House Bill 4385, The Right of First Refusal Act, has been favorably reported out the Joint Committee on Community Development and Small Business, and the Joint Committee on Telecommunications, Utilities, and Energy.  “I hope our state legislators will see this as the small business protection bill that it is.  These stations support hundreds if not thousands of jobs that we can’t afford to lose.  We’re not asking for any discounts or bailouts, just a fighting chance said Arthur Pappas owner of multiple Mobil stations in Massachusetts.”

“Big Oil is doing it to us again.  They are working to block a bill that would allow small business owners like me a chance to stay in business, the same way they blocked regulations and oversight that could have prevented the oil spill in the Gulf.  We need the politicians to show they care about the little guy before its too late, said John Howell, another Mobil Dealer and LLC Board Member.”

Unreasonably high rent structures and the inability to purchase their locations is not the dealer’s only problem.  “The price we pay for our gas is the biggest problem, Howell continued.”  When buying gas from ExxonMobil, a dealer located in an affluent town often pays 8, 10, even 12 cents more than a dealer in another community.  “It’s the exact same gas.  I have never understood how it’s legal.  It makes it almost impossible for me to compete with other branded and unbranded stations in my town, said Howell.” 

Prior attempts to pass legislation that would eliminate what the industry calls “Zone Pricing” have repeatedly been blocked by oil companies.

The Fairness for Fuel Dealers LLC was formed due to Big Oil and the fuel distributor’s lack of interest in listening to individual dealers.  Attempts by the dealers to explain to ExxonMobil and now Global Partners LP that something needs to change have fallen on deaf ears.  Unfortunately that may be exactly what these companies want.  Forcing a dealer out of business through rent increases and unfair pricing allows them to replace the dealer with one of their own employees.  In some cases they may chose to close the station and force the volume to another location. 

“Consumers will see less competition and higher prices if this is allowed to happen.  Local dealers are the people who support little league teams and local charities.  Does anyone think that a huge publicly traded company will care as much about our communities as we do?  We reinvest and take pride in our stations,” said Pappas.

“The dealers just want to be treated fairly.  If Global Partners is willing to work with the LLC and address the issues that we are facing, everybody wins.  Consumers get the lowest price possible, dealers continue to provide clean, well run, locally owned service stations, and Global gains a long term partner committed to growing the business,” said Jreige.

Contacts:

George Jreige                Arthur Pappas                    Matthew LeLacheur

Main St. Mobil               Pappas Management          NESSARA, Executive Director

781-335-9290                 617-680-1318                     978-667-7706

WALTHAM, Mass.--(BUSINESS WIRE)--Global Partners LP (NYSE: GLP) (“the Partnership”) today announced the signing of an agreement with Exxon Mobil Corporation to purchase 190 Mobil branded retail gas stations in Massachusetts, Rhode Island and New Hampshire. The agreement includes the right to supply Mobil branded fuel to the stations as well as to an additional 31 Mobil stations owned and operated by independent dealers in those same states.

Of the 221 stations, 179 are located in Massachusetts, 22 in Rhode Island and 20 in New Hampshire. All of the stations will continue to operate under the Mobil brand as part of a long-term branding agreement between ExxonMobil and Global Partners. The stations sold approximately 370 million gallons of gasoline and diesel fuel in 2009.

“This is a major milestone for Global Partners,” said Eric Slifka, the Partnership’s President and Chief Executive Officer. “The purchase of these best-in-class assets achieves two important objectives for Global: expanding the transportation fuels component of our business and extending our presence in wholesale supply. These Mobil sites are highly visible with high traffic counts, and situated on virtually non-replicable, prime locations.

“We believe that the strategic value of this transaction comes from the significant new stream of income we expect to generate by supplying these 221 locations in New England with gasoline and diesel fuel through our supply and terminaling system. This transaction offers efficiencies and opportunities within our existing gasoline and diesel fuel wholesale supply business,” Slifka said.

“As a leading refined products terminaling and supply company in New England, Global Partners has been a valued ExxonMobil customer for nearly 50 years,” said Ben Soraci, ExxonMobil’s Director of U.S. Retail Sales. "I'm pleased that Global is extending its resources, capabilities and commitment to meeting the needs of Mobil customers throughout Massachusetts, New Hampshire and Rhode Island.”

Global Partners intends to finance the purchase of the ExxonMobil assets with borrowings under the revolving credit agreement with its bank group and/or access to the capital markets. Global Partners expects the transaction to be accretive in the first 12 months of operation with improving returns over time as the business potential of these assets is further realized.

Of the 190 stations being acquired by Global Partners, 42 are company operated and 148 are dealer operated. Subject to approval of its independent directors, the Partnership intends to negotiate a contract for the management of the company-operated stations and the dealer relationships with Alliance Energy LLC, an experienced retail operator. Alliance is approximately 95 percent owned by members of the Slifka family, who also own the General Partner of the Partnership.

“We look forward to working closely with the Mobil franchise dealers in providing competitively priced, safe, reliable, and quality Mobil transportation fuels throughout New England,” Slifka said.

ExxonMobil employees whose positions will be impacted by this sale will receive offers of employment from Global Partners or from Alliance Energy pending successful completion of pre-employment screening and continued satisfactory performance. Employees of dealer-owned and/or operated stations are employed by the dealer, not ExxonMobil, and thus are not impacted by this change of ownership. Additionally, ExxonMobil Fleet employees are not included in the transaction.

The purchase is subject to customary regulatory approvals and various other customary commercial closing conditions, and is expected to be completed by year end 2010.

About Global Partners LP                                                                                                                                                            

Global Partners LP, a publicly traded master limited partnership based in Waltham, Massachusetts, owns, controls or has access to one of the largest terminal networks of refined petroleum products in the Northeast. The Partnership is one of the largest wholesale distributors of gasoline, distillates (such as home heating oil, diesel and kerosene) and residual oil to wholesalers, retailers and commercial customers in the New England states and New York. Global Partners LP, a FORTUNE 500(r) company, trades on the New York Stock Exchange under the ticker symbol "GLP." For additional information, please visit http://cts.businesswire.com/ct/CT?id=smartlink&url=http%3A%2F%2Fwww.globalp.com&esheet=6302978&lan=en_US&anchor=www.globalp.com&index=9&md5=46b2a57d47926e367fdd94506c540f7d.

‘Right to repair’ is wrong

At first glance, the “right to repair” bill under consideration on Beacon Hill sounds like a good deal for consumers and independent auto repair shops. By mandating that auto manufacturers must provide independent shops with the same information authorized dealers and repair shops have, vehicle owners will continue to have the freedom to have their cars repaired at their neighborhood garage, which often means saving money over repairs done at the dealership.

What’s not to like?

Upon closer inspection, a lot: “Right to repair” practically lights up the dashboard with warning lights.

For starters, independent repair shops already have access to most or all of the information they need to do repairs. A 2002 agreement between auto manufacturers and the Automotive Service Association provides “information equity” to independent shops. Indeed, to compete in today’s marketplace, such shops need to have at least one advanced diagnostic tool covering the most common makes of cars they service, and can expand diagnostic capacities by subscribing to online information services that pay for themselves after just a couple repairs.

In fact, a 2006 Consumer Reports analysis concluded that only 0.2 percent of customers ever face a situation in which their local mechanic is unable to complete a repair for lack of information. A national database set up to receive and process complaints about such situations has garnered only about 200 complaints in the last seven years — nationwide. That’s a vanishingly small percentage of the repairs completed each day in the U.S.

Pushing this new mandate onto the automotive market is not only unnecessary, but unwise. While trade secrets are specifically exempted from the proposed disclosure rules, all other information must be shared. That raises the danger that vehicle security codes — everything relating to keys, anti-theft devices, ignition locks and the like — could be compromised.

“Right to repair” has been proposed — and defeated — in several other states in recent years. It has passed nowhere. That’s because legislatures recognize that the automotive repair market isn’t broken. Massachusetts’ Legislature should not become the first to begin tinkering with it.

Worcester Telegram and Gazette, May 15^th, 2010

The ExxonMobil Dealers in MA, NH, and RI have formed an LLC to protect their rights during the divestment process ExxonMobil has planned for it's remaining locations.  The next meeting of the LLC will be held:

Tues. May 25th @ 6:00

The Chateau Resturant in Waltham, MA.

To attend this meeting you must be an LLC member, or join the LLC at the meeting.

After learning that the New England Service Station and Automotive Repair Association withdrew its support of the "Right to Repair" bill now wending its way through the state's legislative process, The Sun decided to take a closer look at the proposal.

Supporters say the legislation will allow independent auto mechanics to compete with dealerships while saving consumers money. Sounds great; however, it's important to realize that there's more to the story.

It is true that, if approved, the legislation would require automakers to share repair information with independent mechanics. But that information is already available from automakers, and area mechanics say they have no difficulty gaining access to it as long as they are willing to pay for the necessary repair codes.

What could happen, if the bill is approved, is that auto manufacturers challenge the legislation in court. If that occurs, independent auto repairers fear manufacturers will then restrict their information. Matthew LeLacheur, NESSARA's executive director, is concerned litigation would prompt immediate restrictions on information currently given to independent mechanics.

"Right now, it's a business decision for independent repairers," LeLacheur told The Sun's editorial board last month. "If you only see nine BMWs a year, you probably won't spend the money for the repair codes and tools. But if you get 20 BMWs during the year, you probably will."

Roger Montbleau, owner of Lowell Automatic Transmission, agrees. He supported the bill until he realized the information was already easily accessible. "It isn't needed," Montbleau said.

Opponents say the bill's supporters are using the welfare of independent repair shops as a front, when their true objective is to obtain information designed to bolster the aftermarket auto-parts industry. The bill would grant that industry access to auto manufacturers' diagnostic tools, codes and other repair information. This would aid the aftermarket industry in its efforts to make and sell auto parts that they currently do not have the knowledge to design.

To us, this sounds like infringement on intellectual property rights. We agree with LeLacheur that auto manufacturers would fight this legislation in court, possibly tying independent repairers' hands for years to come.

Due to the demonstrable lack of need and potential for litigation, The Sun opposes the "Right to Repair" bill and urges legislators to reject the measure.

Read more: http://www.lowellsun.com/editorials/ci_14880696#ixzz0l757fNWy

The Lowell Sun

04/14/2010

NESSARA and the Fairness for Fuel Dealers LLC have worked extremely hard on this bill, and we would like to thank everyone who has been supportive to date.  We ask that you continue supporting our efforts by letting the legislators know how important this bill is to your future. 

Canadian companies Irving and Couche-Tard are high bidders on the first package of ExxonMobil gasoline stations that will be sold in New England, sources tell Oil Express.

Scores of high volume Mobil-branded sites in Massachusetts, Rhode Island and New Hampshire saw a final round of bidding this winter, and Irving aggressively pursued the real estate. It’s expected that the fuel, sans the special ExxonMobil additives, will come from Irving’s 300,000-b/d St. John refinery, which can capably meet the toughest U.S. fuel specs.  Couche-Tard has had a retail relationship with Irving for nearly eight years, and last May began operating 124 branded Irving sites in Maine, New Hampshire, Massachusetts and Vermont. Irving owns the sites, but Couche-Tard has 20 year leases on the properties.

The likely deal will not see any rebranding. Terms of the various ExxonMobil station packages require that the major flags be retained, so Irving will simply have a dedicated market for its refining output. That is a major consideration these days, with cheap European gasoline often displacing fuel produced at North American plants.

Oil Express April 5^th, 2010

MA’s Leading Car Repair Association Shows Data to Oppose Bill  

March 15, 2010— The New England Service Station and Automotive Repair Association (NESSARA), the leading organization representing independent auto repairers in Massachusetts, reaffirmed results showing the so-called “Right to Repair” bill, S. 2268, is completely unnecessary.

The Right to Repair Coalition claims that independent repairers cannot service vehicles properly because the necessary diagnostic information is not available.  But frankly, that is not true. Even the Automotive Aftermarket Industry Association (AAIA), a heavily involved member of the Right to Repair Coalition’s efforts in Massachusetts based in Bethesda, MD, whose more than 23,000 members and affiliates, manufacture, distribute and sell motor vehicle parts, accessories, service, tool, equipment, materials and supplies reported one complaint for every 550 repair shops that the organization represents.

“I just can’t understand how this Right to Repair Coalition can claim that there is this major problem for independent repair businesses in getting repair information when AAIA’s own data doesn’t support their position,” said Roger Montbleau, President, NESSARA.

The National Automotive Service Task Force (NASTF) is a not-for-profit, no-dues task force established to facilitate the identification and correction of gaps in the availability and accessibility of automotive service information, service training, diagnostic tools and equipment, and communications for the benefit of automotive service professionals. NASTF is a voluntary, cooperative effort among the automotive service industry, the equipment and tool industry, and automotive manufacturers. 

“Since December 2004, in the entire United States there have been a total of 291 information requests filed on the NASTF website http://www.nastf.org/.  Of the requests filed, manufacturers responses resulted in 227 solutions, 58 were determined to be invalid, meaning the complaint did not relate to missing information, and the remaining 6 are currently being reviewed” said Matthew LeLacheur, Executive Director, NESSARA. “Massachusetts auto repair businesses have filed, in all, a total of 16 such requests since 2005, only 9 of which have been filed since January 2009.  If the Massachusetts repair industry is only filling approximately 3 requests per year, how big can this supposed information and tooling problem be?”  

The data from AAIA and NASTF is consistent with NESSARA’s own investigation and findings that access to service information and tooling is not the problem. The Right to Repair Coalition is promoting something that is just plain wrong.  “The legislation is premature, at best, and appears to be, totally, unnecessary.  Actually, it is disrupting what our industry needs to be focused on, which is proper training and education.  If this bill or similar legislation passes, it will be challenged and end up in litigation, and for what?  What will the impact on the industry be?  Our livelihood depends on motor vehicle repairs. We have a responsibility to speak out, strongly against this legislation.” said Montbleau

Senate urged to carefully scrutinize Right to Repair bill  

March 1, 2010— Today, the New England Service Station and Automotive Repair Association (NESSARA), the leading organization representing independent auto repairers in Massachusetts, urges the Massachusetts Senate to carefully scrutinize S. 2268, the “Right to Repair” bill, currently under consideration in the Massachusetts State Senate.  With over 400 members, NESSARA is the voice of repairers in Massachusetts.

To their credit, this Right to Repair Coalition has packaged an effective campaign that is convincing in sound bites.  However, when you get under the surface of what they are saying and what they are trying to do with this bill, it doesn’t match up with the real repair issues facing our industry.  We aren’t going to support something that doesn’t legitimately identify and address those matters.  Roger Monbleau, President (NESSARA)

Right to Repair coalition spokesman Art Kinsman claims the bill as drafted simply allows the consumer or independent repair shop the right to take legal action if car manufacturers continue their practice of locking them out of certain repair codes and tools needed to complete repairs.  NESSARA member, Rusty Savignac, owner and repairer of Paxton Garage in Paxton, MA, disagrees. “This bill gives an auto repair business owner the right to sue for information he can already get. I don’t need this and for repair owners who think they do, have them call me instead of their lawyers, I can save them a lot of time and money.” 

The legislation would prohibit the current practice of automobile manufacturers restricting access to repair information utilized by independent repairers. massrighttorepair.com “If you invest in training, education, and tooling, any auto repairer can fix 99% of the vehicles that come into their shops. It’s a business decision.  You don’t need a law to do this.” said Gary Machiros, owner of Angie’s Service Station in Newbury, Ma. 

“Consumers should have a choice as to who does their car repairs.”  massrighttorepair.com  “If consumers didn’t have a choice, then how am I still in business? Despite this economy, business is good.  I suspect this Right to Repair effort is about someone else making money.” said Tom Picket owner of Arthur’s Sunoco & Service Center, Mattapan MA.

Gary Archer, owner of G.W Archer with stations in Littleton and Ayer recently heard from the Mass Right to Repair Coalition.  “I got a call from this Right to Repair group for the first time just last week.  They tried to talk me into supporting them and were critical of NESSARA’s opposition.  I am a member of NESSARA and if NESSARA says there is something wrong with this, there must be.  They have always looked out for members like me, and I don’t think this is any different.” 

“This Right to Repair Coalition is pouring a tremendous amount of resources into this.  We can’t compete on that level.  However, we will stand for what we believe in and have identified a number of small repair business owners who are willing to meet with legislators and tell them the truth.  My experience tells me that they will listen to us and become better informed of our position especially since our businesses and customers are the ones who are, supposedly, going to benefit from this.  Roger Monbleau, President, NESSARA

We urge the Senate to put the brakes on S 2268.  

The New England Service Station and Automotive Repair Association (NESSARA) is the leading organization representing independent auto repairers in Massachusetts.   We urge you to oppose the so-called “Right to Repair” legislation currently under consideration.  After a lengthy analysis of the legislation NESSARA’s leadership has concluded that S. 2268 is a bad bill that will have a negative impact on repairers, service stations, and our customers.  

In the past, NESSARA, was supportive of the “Right to Repair” bill as, on its surface,  it appeared to be good for our businesses and customers.  However, as debate continued, many of our experienced auto repair members weighed in with disapproval of our support for this legislation. That reaction motivated us to step back from our position of support several months ago. 

During this time period we have been conducting a thorough investigation of this subject. Our findings, to date, are as follows: The opinion of repairers, as to the availability of information to conduct automotive repairs, runs the full spectrum of possibilities.  There is an obvious disconnect - some believe that information is not easily obtainable,  while others believe that most or all of the information is readily available.  NESSARA has determined that training and education on how to access and utilize automotive repair information and tooling appears to be the most significant need facing our industry.  

NESSARA, just recently, established training seminars, employing repair experts, to interact with and share their knowledge with automotive repair businesses.  These forums are starting to shed an accurate light as to what automotive repair information issues truly exist within our Massachusetts industry. The proposed bill will not, in our opinion, address the issues as we currently understand them.  In fact, we believe, the current bill will do more harm than good.

This law, if passed, will lead to expensive lawsuits that will benefit trial lawyers, not our businesses or customers.  Its passage may result in the restriction of information not providing it. We, therefore, oppose it and urge the Senate to do likewise. 

We look forward to having an opportunity to meet with members of the Senate and other members of state government to have a meaningful discussion of this issue and work towards an effective solution for both the repair industry and our customers.

SCANNER LETTING YOU DOWN?

TROUBLE FINDING CORRECT SERVICE INFO?

NESSARA, in conjunction with MSADA, is sponsoring workshops on the aftermarket availability and use of Factory Scan Tools and OE Service Information websites.

Feb. 8^th            Harr Toyota, 100 Gold Star Blvd. Worcester, MA 01606

Feb. 9^th            Village Cadillac Saab Hummer, 700 Providence Hwy (Rt. 1)                          Norwood, MA 02062

Feb. 10^th          Marty’s GMC, 5 Independence Mall Way, Kingston, MA 02364

Feb. 11^th          Ira Toyota, 161 Andover St. Danvers, MA 01923

All Workshops will run from 6:00-10:00 p.m.

All attendees can select a FREE SERVICE INFORMATION web trial.

Attendees pay $50 (No cost to NESSARA or ASA member-shops and their technicians). 

Pre-registration recommended.  Seating is Limited.   Call 978-667-7706.   

*Sandwiches, Soft drinks, and coffee will be provided complimentary to all guests*

NESSARA would like to thank everyone who attended this year's Scholarship Raffle Party.  Even with the bad weather, more than 150 people were in attendance.  The night was filled with good food, good music and more than 50 prize winners.

I would also like to take a minute to thank all of the companies who generously donated to the event.   

Bob & Sons Automotive                   Chelmsford Diagnostic Service

Consumer Auto Parts of Lowell                          Dampolo Automotive

Fishers Auto Parts (NH)                                    Harr Motor Company

The LeLacheur Family                    Lowell Automatic Transmission

   Lunenburg Gulf                                                     Middlesex Petroleum

Mutual Oil Company                                              Myra Distributing

NESSARA                                             Northern Foreign Car Parts

Porters Auto Sales                                                 The Porter Family

Richards Auto Supply                                                  Snap-On Tools

Towers Motor Parts          Warehouse Distributors of New England

Windward Petroleum (NH)

 Without your help, we would not be able to hold such an enjoyable event.

Thank You

If you are having any difficulty with your machine, or are unable to get answers to your questions, please do not hesitate to contact the NESSARA office at 978-667-7706.  There are also a few ways for you to contact Parsons directly:

   Hotline Phone #                                             877-834-4677

   Hotline E-Mail                                    info@massvehiclecheck.com

   Website Address                                www.massvehiclecheck.com

We are working on a daily basis with Parsons, Mass RMV, DEP, and other organizations in an effort to make this program as successful as possible.

The revised MassDEP Stage II Weekly Inspection Guidance Manuals and revised Weekly Inspection Checklists are now posted on the MassDEP website.

 The revised manuals are a vast improvement over the older manuals with better graphics, checklists, maintenance guidance, etc.

 Click on the link below to download the manuals and checklists.

 http://www.mass.gov/dep/air/community/stageii.htm

 There are now three different Weekly Inspection Manuals for:

 Balance systems (includes guidance for aboveground tanks with balance components)

 Healy Systems (for Healy 400 ORVR nozzle, Healy 600 nozzle, and Healy 400 ORVR mobile-refueler systems)

 Vacuum Assist Systems (for vacuum source dispenser mounted systems such as Healy VP-1000 systems, Dresser Waynevac, Gilbarco Vaporvac, etc.)   

 Now would be the time to discard (recycle) older versions of the original manual and checklists.

 As always you can make your own weekly inspection checklists as long as you include the required weekly inspection items.

 If you TRAIN Stage II facility responsible officials you should REVIEW the manuals thoroughly before conducting training.