Manager Sales

Mr. Frank D. Niklas, J.D. **** Palmetto Drive, Richmond, KY 40475

********@*****.*** 859-***-****

Frank has a unique and attractive blend of HR, legal (including Worker’s Comp.) and environmental, health & safety experience. He has over 11 years of experience in Human Resource Management and Employment Law. He has held corporate and plant leadership positions in HR, Law and EHS, sometimes all three at once, and has over 20 years of legal and management expertise. Frank has direct management experience in more than twenty manufacturing industries, union and non-union, domestic and international. He is a hands-on, boots on the ground problem solver that is equally comfortable on the plant floor and in the board room. Frank provided training, auditing and counselling services for more than 54 locations domestically and internationally. His legal knowledge of HR and EHS practices and regulations and the regulatory mindset provided invaluable insight to audits and compliance issues. Able to quickly and accurately digest new regulations and Court Rulings, Frank understands their operational impacts and can create company specific compliance measures while being ever mindful of business and labor issues.

During his tenure with PMC Global Management, Frank created policy, trained staff and local management (including union facilities) at 17 different subsidiary business units primarily in EHS matters. It was a travelling role in which Frank was able to quickly learn the particulars of diverse manufacturing plants and their management. It was this close and trusting frequent contact with the subsidiary business units that prompted the Management teams of many locations to enlist Frank’s help with HR and employee relations matters. He was very effective in dealing with unions and safety matters. He works extremely well with both management and plant labor staff and has proven to be able to contribute creative, practical ideas in solving problems. Additionally, Frank was able to engage the workforce by helping employees understand their vital role in the company’s success. Frank’s legal mind, knowledge of HR and of people pairs well with and compliments the management and labor forces he has worked with.

As the Human Resources Manager and Legal Counsel, Frank developed and delivered training sessions that ranged from both planned and informal, spur of the moment lunch talks, and has also delivered day long interactive workshops. With a strong legal background, Frank was also a key member of the acquisition team, performing due diligence and negotiating terms and writing contracts. Frank is also expert in matters of confidentiality and documentation of events which are crucial skills in HR and in business.

Frank went on to work in the animal feed supplement biotech industry (Alltech), utilizing his legal, EHS and HR skills to manage domestic and international matters. After about 5 years, the international travel became too intrusive to his young family, and so Frank began a successful career in sales, sales management and training and then business management, moving back into HR/Legal full time in June of 2104. In March of 2016, Frank’s experience and leadership skills were recognized by the majority owner and other managers of Compliance Advantage LLC. He was asked to take over as Interim President & CEO in addition to his duties as Director of HR and then was laid off, among many others, when the majority owner decided to wind down the business.

Frank is authorized to work in the U.S. for any employer and currently resides in Kentucky. He is local and ready to travel as needed. He is a personable and creative HR/Legal professional that will benefit any organization.

Frank D. Niklas, J.D.

1026 Palmetto Drive

Richmond, KY 40475

Cell phone 859-***-****

********@*****.***

Profile and Career Summary

Hands-on, approachable, versatile and knowledgeable business partner professional with expertise in all HR programs, Federal and State labor & employment laws, employee relations, creating and delivering training, recruitment, HRIS, on-boarding, confidential investigations, compensation, benefits, legal compliance, policy development and implementation, organization development, coaching, counseling & training all levels, dispute resolution, mediation, manufacturing operations in over twenty different industries, safety (OSHA) and environmental (EPA) and DOT compliance, workers’ compensation, contract negotiation, drafting and interpretation, union and non-union environments, litigation avoidance and management, project management, mergers & acquisitions and business matters. Experienced with domestic, international, multiple locations/states and start-ups.

Comfortable in any situation, I can think fast and respond quickly in a fast paced environment. Possess outstanding management, communication and people skills. My employment law experience, HR, EH & S, business, interpersonal communication and training skills make me particularly well suited to provide top-notch performance in any setting.

An articulate communicator, creative and intuitive internal consultant, and top-tier project manager that can create vision, align groups, facilitate change, and deliver results in a cost-effective and timely manner.

Key Strengths Include:

Leader & Motivator by Example Extensive knowledge of Fed. and State labor & emp’t laws

Training large and small groups Persuasive and engaging presenter

Analytical & Decision Making skills Expert regulatory interpretation and compliance guidance

Policy drafting & implementation Effective with all levels within organization

Adaptability & Innovation Strong communication skills

Effective public speaker/trainer Self-directed team player

Excellent rapport-builder Able to identify and minimize risks

Highly organized Proficient with multiple tasks

Problem solving skills Expert contract drafting and interpretation

Business partner approach Discerning business judgment

Professional Experience

Dir. of HR/Interim Pres. & CEO – Compliance Advantage LLC, Nicholasville, KY 03/2016 – 06/2016 Lay off

Human Resource Manager – Compliance Advantage LLC, Nicholasville, KY 02/2015 - 03/2016

Updated Employee Handbook to assure compliance and to make policies consistent with practices

Introduced and implemented an HRIS, applicant tracking system and complete set of required new hire documents

Implemented employee engagement plan by aligning their goals to company goals

Re-organized Sales & Marketing team and Laboratory staff to increase efficiency

Established new In-House medical billing team to better control A/R and cash flow

Improved profit/loss outlook by 13% by eliminating unprofitable accounts and excess field workers

Handle, monitor and advise ownership on Worker’s Compensation claims and Return to Work Issues

Created a complete, compliant set of new hire documents needed for Healthcare workers

Audit and correct deficient I-9’s; Investigated and resolved discrimination claim

Establish new hire practices and train hiring personnel to interview within legal boundaries

Ensured compliance with all applicable employment laws and regulations – made necessary changes

Introduced and implemented scheduling and mobile time tracking system for remote hourly employees

Train area managers in interviewing, performance reviews and documenting disciplinary actions

Formalized on boarding and off boarding processes

I was hired to help this young medical confirmation laboratory services company develop sound and compliant Human Resources practices and systems. I built and continue to build the HR infrastructure needed to support the high growth rate this company is experiencing. My HR and legal skills have allowed me to help this growing organization grow in an organized and compliant manner. When the incumbent President & CEO resigned, I was asked to assume the additional role of Interim President & CEO and to re-organize the company. In June, I was laid off with many others as the majority owner decided to shut down the business.

Human Resource Manager/Legal - EnSiteUSA, Versailles, KY 06/2014 – 12/2014

Drafted new Employee Handbook, revising and updating all policies to reflect current operations and needs

Implement new policies and training in all company locations – travel to all locations for Supervisor Training

Ensured compliance with all applicable employment laws and regulations – made necessary changes

Created/delivered “Workplace Harassment & Anti-Discrimination” training for managers and employee version

Training for Managers in interviewing – “The Good, Bad & Don’t Even Think About Asking”

Filed EEOC, Vets-100A reports and corrected job classifications and the process for future years

Corrected data for AAP, prepared data for analysis and plan

Devised new job description formatting and template

Worked with Safety Dept. to refine DOT drug testing program and policies – create a non-DOT pool

Provided assistance to Corporate Safety on Worker’s Compensation matters

Assisted with document review, redaction and production of documents for legal matter

Drafted numerous contracts for Legal Department

Handle trade name infringement matter

Introduced applicant tracking system and HRIS

This dynamic, growing company needed my varied background in HR, law, safety, training and business to assist their rapid growth. Responsible to manage and improve recruiting, interviewing, hiring, onboarding, policy development, implementation and administration, training, benefits enrollment, investigations, complaint resolution, regulatory compliance and reporting. Wrote new Employee Handbook, updating policies such as ADAAA, FMLA, DOT compliant drug and alcohol policies. Filed EEOC and VETS reports, AAP preparation and planned for ACA compliance. With my extensive background in both law and safety/OSHA, I regularly assist the General Counsel with legal matters and consult with the Corporate Director of Safety. As an active and involved business partner, I travel to the satellite offices in Texas, Michigan, West Virginia and Oklahoma to improve relations, review procedures and train supervisors in HR matters. Due to declining oil prices, my position (and over 40 others locally) was eliminated and I was laid off as a cost-saving measure. My duties were absorbed by the Legal staff.

Division Manager - Champion, Lexington & London KY 05/2005 – 06/2014

Hired as a sales representative, promoted to Sales Manager, and then to Division Manager

2013 Manager’s Level Achiever’s Club Trip Winner

Direct all HR matters for Lexington and London locations and consult for corporate HR

Manage the administration of HR policies and programs for Lexington and London

Conduct safety checks and training in Division Facilities and in the field

Recruit, hire and train sales representatives, installers and office staff

Create and deliver regular training sessions to staff with hands on workshops and role playing

Conduct HR and safety training for service reps and installation crews as well as office personnel

Manage and promote sales, installations and customer service for two locations

In 2013, increased sales 16% over 2012, reduced G & A by 4% and reduced advertising costs by 14%

Million Dollar Club / Three time Sales Achievers Club & consistently the top performer in profits and income

First became involved in the remodeling business so that I could spend more time with my family. My previous legal/HR position required very frequent international travel that kept me away for extended periods of time, which at the time was interfering with family life. With my extensive knowledge and experience in remodeling and building combined with my communication skills and personality, I was able to achieve top sales status very quickly. I then was promoted to positions of increasing responsibility leading up to managing all facets of the business from hiring, training, employee relations/HR, advertising, managing sales, installation, operations, customer relations, and budgeting for two Champion locations. Given my legal/HR background, I frequently collaborate with and advise the VP of Human Resources for the Company.

General Counsel/HR Manager, EHS Director - Alltech, Inc., Nicholasville, KY 04/2000 – 03/2005

Assessed needs and built and managed corporate headquarters legal department and HR department

Drafted new employee policies manual and updated policies on ongoing basis

Developed and delivered in-house HR training programs for supervisors on employee relations topics

Educated managers on ADA (now ADAAA), FMLA, DOL, FSLA, hiring and promotion practices and more

Handled acquisitions, divestitures and plant shut-downs and employee lay-off negotiations

Conducted safety audits and training in the manufacturing facilities domestically and internationally

Completed ICM mediation course and utilized techniques to resolve numerous disputes

Worked with plant engineers to improve efficiency, reduce waste and increase productivity

Negotiated and completed several acquisitions and a divestiture of a business unit

Managed and monitored EHS compliance domestically and internationally

Managed domestic and international disputes, contracts, employment, IP and FDA regulatory matters

Developed policies, research contracts, distribution and manufacturing agreements, advertising review process

Conducted in house training for marketing and sales groups on permissible product claims per FDA regulations

Traveled to subsidiary locations worldwide to negotiate deals, assess legal/business matters and resolve disputes

In this role, I was challenged to assess the company’s current and future needs in a rapid growth, international environment and provide the required services. My broad experience allowed me to build a small team of professionals that provided cost effective and responsive legal and human resources services to the company while it doubled in size in less than five years. I developed a new employee handbook with current policies, instituted an employee performance review system and trained supervisors to properly use it. I drafted new offer letters for use by supervisors and a discharge process complete with exit interview and settlement agreement for use when appropriate. Acting as more than an attorney and HR manager, I was also involved in strategic planning, employee training, risk management and operations.

EHS Legal Counsel/HR - PMC Global Management, Inc., Sun Valley, CA 04/1990 – 03/2000

Provided operational and legal advice on CWA, RCRA, CAA, CERCLA, EPCRA, TSCA, NCP, NEPA & OSHA

Worked with Corporate HR as the field representative for employee relations matters, negotiations, unions, etc.

Assisted Corporate HR with employee relations issues and Worker’s Compensation matters across US

Created and produced workshops making employees more aware of risk, safety and cost saving opportunities

Became a trusted business advisor to many of the PMC subsidiary company presidents

Implemented HR policy in the field for existing companies and for newly acquired business units

Developed and implemented EH & S Policy that prevented waste, promoted compliance and saved money

Conduct EH & S due diligence for acquisitions and draft appropriate indemnities and obligations clauses

Performed safety, health and environmental compliance audits for all facilities in USA

Managed and directed defense of numerous environmental enforcement actions/litigations and Worker’s Comp.

Developed site specific practices to ensure safe handling, storage and disposal of hazardous wastes

Negotiated a $22 MM environmental (CWA) claim against a PMC subsidiary down to a $1.6MM settlement

Directed environmental lawsuit resulting in $7MM plus %100 allocation of future costs to former owner

Addressed top management at annual meetings on operational liability issues

My primary responsibility was to manage this manufacturing company’s environmental liabilities; past, present and future. Subsidiary manufacturing included chemicals, flexible foam, colors, machinery, electronics, plastics extrusion and molding and many other industries. This was a hands-on, traveling role in which I quickly became more than

EH& S counsel. Given my close contact with all subsidiary Presidents and Managers, I also became their first choice for assistance with employment law and human resource issues. I learned the details of each business and was integrated into the management scheme of many of the subsidiaries, assisting with personnel, business relations, customers and due diligence for acquisitions and deals.

Education

Western State University College of Law, Fullerton, CA

Degree: Juris Doctor

University of Pittsburgh, Pittsburgh, PA

Degree: Bachelor of Science

Double Major: Psychology and Speech Communication

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