Posts for September 10, 2010

UMA BOARD MEETS WITH GOVERNOR HERBERT ON MANUFACTURING

September 10, 2010 – UMA Board of Directors
Governor Herbert heard from UMA Board members on their experience with the latest economic conditions at a breakfast meeting at Little America Hotel this morning. Taking notes and asking questions of each board member, Governor Herbert attentively gathered information about the state of the manufacturing economy in Utah and how companies are weathering the recession.

For more than an hour key manufacturing leaders had the ear of the Governor and educated him on how business is in their respective companies and their sector of manufacturing generally. He asked UMA board members, “What are your key concerns with state government”?

Among the key common concerns were cost of healthcare, foreign competition, taxes and energy costs. Herbert reiterated his philosophy about government by saying, “My job is to stay out of your way and out of your pocket. We need to do everything we can to make your companies profitable and remove obstacles from your path.”

A common theme from UMA board members present was the most important thing to consider going forward was “certainty”. They said, “We need to know that there is certainty in state government for us to invest in growth and move forward in the recovery without questioning what might change.”

At the invitation of the Governor, the UMA board will be meeting with him in similar settings on a more frequent basis to update him about the condition and needs of manufacturing in the Beehive State.

PARENTS WANT TEACHERS PAID BASED ON QUALITY OF TEACHING

September 10, 2010 – Utah Taxpayers Assoc. “Taxing Times”
A recent Gallup poll found that 75 percent of public school parents want teacher pay to be “somewhat or closely” tied to student achievement and the quality of student work. Only 28 percent of public school parents supported a standard-scale pay system of teachers.
Gallup Poll: U.S. Parents want Teachers Paid on Quality, Student Outcomes

FEDS: DRILLING SUSPENSION DEPENDS ON INDUSTRY

September 10, 2010 – LateWire at Manufacturing.net
Key U.S. government official said moratorium on deepwater oil drilling likely won't be extended past Nov. 30, but whether it is cut short will be up to the industry ... continue

EEOC Is Allowed Broad Enforcement Tactics

September 10, 2010 – NAM Capital Briefing
Last December, the NAM urged a federal appeals court to review and reaffirm a court decision finding that the Equal Employment Opportunity Commission's (EEOC) tactics regarding information-gathering from companies had exceeded the Agency's authority. The EEOC wanted to search for systemic discrimination by employers or the third parties they hire to conduct personality tests or other tests prior to employment. However, the statute granting the EEOC investigatory powers is limited to investigations relating to the specific charge that an individual files and does not authorize broad fishing expeditions in search of discrimination. This week, the Third Circuit overturned the lower court’s restrictions on the EEOC, ruling that its power "encompasses not only the factual allegations contained in the charge, but also any information that is relevant to the charge.” For a summary of the decision, see EEOC v. Kronos.

FEDERAL WORKER PAY TWICE AS HIGH AS PRIVATE SECTOR

September 10, 2010 – Utah Taxpayers Assoc. “Taxing Times”
Federal workers have seen more pay and benefit increases than their private sector counterparts over the past nine years. On average, federal salaries have grown 33 percent faster than inflation since 2000. Average federal compensation was $30,415 in 2000, but was $61,998 in 2009. USA Today: Federal Workers Double Their Private Counterparts

JAPAN UNVEILS NEW $11B STIMULUS PACKAGE

September 10, 2010 – LateWire at Manufacturing.net
Japan's economy isn't quite as weak as first thought, but it still needs help, the government said as it unveiled details of a new $11 billion stimulus package ... continue

LABOR BOARD SET TO REVERSE PREVIOUS CASE DECISIONS

September 10, 2010 – NAM Capital Briefing
The NAM remains concerned about the new composition of the National Labor Relations Board (NLRB) – which includes Craig Becker. The NLRB's recent efforts demonstrate the intention to implement the goals of the Employee Free Choice Act through Board actions. Last week, the NLRB moved to revisit the landmark ruling in the 2004 Dana – Metaldyne case, which found that employees should be afforded a 45-day period after a union is certified via a card check scheme in order to challenge the results with a secret-ballot vote. The NLRB recently decided to reconsider this previous ruling in two pending cases: Rite Aid Store #6473 and Lamons Gasket Co. The Board is now poised to remove important protections currently used to ensure employees access to secret-ballot elections when making important decisions that impact their relationship with their employers.

MEXICAN TRUCKING COALITION MEETS WITH AMBASSADOR

September 10, 2010 – NAM Capital Briefing
The Steering Committee of the Mexican Trucking Coalition, which the NAM co-chairs, met September 7 with Mexican Ambassador Arturo Sarukhan to discuss efforts to solve the cross-border trucking ban and Mexico’s retaliatory tariffs on billions of dollars of U.S. manufactured goods exports. Mexico imposed the tariffs last year after Congress ended a pilot cross-border trucking program. At the beginning of August, Mexico rotated some products affected by the tariffs, adding new manufactured goods, processed foods and agricultural products. As a result of this change, new NAM member companies will be impacted by the tariffs. The Coalition plans a resurgent lobbying campaign in both Congress and the Administration following the recess. The Ambassador indicated that the Mexican government sees no sign of a solution any time soon, and noted that there could be further rotation and addition of new products if this issue is not resolved in a timely fashion. The Coalition will continue to push Congress and the Administration to proffer a fix for the trucking dispute as quickly as possible.

NAM LABOR POLICY UPDATE

September 10, 2010 – NAM Labor Policy Update

Employment Regulations

· As lawmakers return to Washington following the August recess, progress on organized labor leaders’ agenda on Capitol Hill is in question. However, employers should be prepared to face many challenges to their competitiveness from a number of proposed and potential federal regulations. Earlier this month, Secretary of Labor Hilda Solis indicated that the Department of Labor is seeking to overturn “some of the regulations put forth in the previous administration” to advance organized labor’s agenda.

· In the coming weeks and months, we expect new regulations from the Department of Labor to require employers to engage in a burdensome re-examination of workers’ status (independent contractors vs. FLSA exempt and non-exempt status) and new requirements to disclose how employers receive labor law advice.

EFCA / Labor Law

· We are often asked what the status of the jobs-killing Employee “FORCED” Choice Act is here in Washington. Although organized labor leaders continue to claim that they expect action to move the legislation this year, we have made much progress in preventing the bill from becoming law so far. What is clear is that labor union leaders and their allies in Washington have already begun to engage in a “Plan B” approach to implementing the goals of the legislation.

· Through our Labor Policy Institute the NAM will continue to monitor the activities of the National Labor Relations Board (NLRB) and related executive branch agencies and will highlight efforts to implement the goals of the card check bill that warrant your attention through these e-mail updates.

· One such action took place just last week. The NLRB is considering the reversal of a previous NLRB decision (the Dana case) that affords employees a 45-day window to file a petition for an election or decertification after being notified that the employer has recognized a union through a so-called “voluntary” card check agreement.

· Should the Board decide to remove this requirement, it will short-change workers’ right to become educated about a critical workplace decision and would amount to another form of forced unionization. NLRB Member Craig Becker has previously written that employees should not have these protections. The NAM is determining how best to respond to these actions.

· We expect more changes at the NLRB as the term of one of the Republican members has expired, bringing the Board to three Democrats and only one Republican and a vacancy in the general counsel post. The general counsel post is important as it essentially administers the Board and brings cases to it for review.

· Organized labor groups are preparing for the upcoming mid-term elections with ambitious plans to spend millions of dollars to elect candidates who will advance their anti-competitiveness agenda. The leaders of two of the largest labor groups, the AFL-CIO and the SEIU, have announced plans to coordinate $88 million in spending on this year’s congressional races.

OSHA

· While we continue our efforts to oppose the pending Robert C. Byrd Miner Safety and Health Act, the legislation could still be brought to the House floor for a vote when Congress returns later this month. This has not stopped the Occupational Safety and Health Administration (OSHA) from proposing additional regulations. Just last week, the Agency announced plans to effectively gut the Safety and Health Achievement Recognition Program (SHARP)/on-site consultation program that has been used by many small and medium-sized manufacturers (SMMs).

· The Agency seeks to discourage use of this employer compliance assistance program by allowing penalties to be assessed during on-site consultation visits by OSHA personnel. Currently, SMMs are free from the threat of most penalties during these visits, which help employers better understand complicated OSHA regulations.

· Take action: Click here to contact your senators and urge them to oppose the pending OSHA legislation that will do little to advance workplace safety but will increase costs and the threat of litigation.

OBAMA SAYS RECOVERY IS 'PAINFULLY SLOW'

September 10, 2010 – LateWire at Manufacturing.net
President insisted U.S. economy is digging itself out of deepest recession in decades, but conceded that 'progress has been painfully slow' and voters may blame him ... continue

OSHA PROPOSES NEW REGULATIONS

September 10, 2010 – NAM Capital Briefing
The Occupational Safety and Health Administration (OSHA) has proposed changes to its on-site consultation program and related Safety and Health Achievement Recognition Program (SHARP). These programs benefit small and medium-sized manufacturers that seek assistance from OSHA in navigating the complex system of workplace safety regulations and standards. Employers can obtain free assistance from OSHA personnel to voluntarily develop and implement effective safety and health management systems. Unfortunately, the proposed changes place additional limitations on the use of these programs and make them less accessible to manufacturers by raising the threat of penalties and additional inspections – effectively penalizing employers who want to do the right thing.

UNION SAYS CHINA VIOLATES TRADE RULES IN CLEAN ENERGY

September 10, 2010 – Today in Manufacturing.net
USW is asking Washington to crack down on various Chinese trade practices that it says are robbing American workers of jobs in the field of clean energy ... continue

UTAH $28 MILLION SHORTFALL, NOT PREVIOUSLY PREDICTED $150 MILLION

September 10, 2010 – Utah Taxpayers Assoc. “Taxing Times”
State analysts predicted that going into FY2011 Utah would experience a $50 million shortfall. Recent reports indicate that Utah will only be experiencing a $28 million shortfall. Strong corporate revenue and state agency reductions helped compensate for weaker income tax payments. Salt Lake Tribune: Governor Touts Smaller Shortfall

WHOLESALE INVENTORIES JUMP 1.3 PERCENT

September 10, 2010 – LateWire at Manufacturing.net
Inventories held by wholesalers surged in July by the largest amount in two years while sales rebounded after two straight declines ... continue