Posts for April 21, 2011

REGULATORS FIND BOEING RETALIATED AGAINST WORKERS

Wall Street Journal
According to the Wall Street Journal, The National Labor Relations Board is alleging that Boeing illegally retaliated against its unions by opening the second 787 Dreamliner production line in South Carolina, rather than in Washington state where the first production line is located. Part of the NRLB's remedy would include moving the production line back to the Puget Sound region. Boeing has said it will fight the decision. Joe Trauger, vice president for human resources policy at the National Association of Manufacturers, said that if the decision stands, "no company will be safe from the NLRB stepping in to second-guess its business decisions on where to expand or whom to hire." Sen. Lindsey Graham (R-SC) was similarly critical of the decision. A former NRLB official, meanwhile, said Boeing may have hurt its own case with its approach. "They should have offered up a cost-related explanation," he said.

Shopfloor, the National Association of Manufacturers blog, offered additional commentary, arguing that "the NLRB is reversing 45 years of its own precedent and Supreme Court rulings to advance its agenda to expand unionization." He writes, "If the IAM and NLRB succeed in their complaint, no company will be safe from the NLRB stepping in to second-guess its business decisions on where to expand or whom to hire. The National Association of Manufacturers believes the NLRB has greatly overstepped its bounds and would be wise to seriously reconsider its decision to pursue this complaint."

GOVERNMENTS GAMBLE WITH NUCLEAR PLANT INSURANCE

Today in Manufacturing
It's illegal to drive a car without sufficient insurance, yet governments around the world choose to run over 440 nuclear power plants with hardly any coverage ... continue

FDA ISSUES WARNINGS TO HAND SANITIZER COMPANIES

Today in Manufacturing
Regulators issued warnings to four manufacturers of hand sanitizing products for making unsupported claims about products' bacteria-fighting benefits ... continue

ENVIRONMENT CRISES BAD BUT NOT FATAL FOR BUSINESS

Today in Manufacturing
Some would consign the Tokyo utility embroiled in Japan's worst-ever nuclear disaster to the corporate graveyard, but it will probably survive -- and may even prosper ... continue

FEWER AMERICANS SOUGHT UNEMPLOYMENT AID

Today in Manufacturing
Labor Department said the number of people applying for unemployment benefits dropped 13,000 to a seasonally adjusted 403,000 in the week ending April 16 ... continue

EPA GREENHOUSE GAS REPORT SHOWS OVERALL DECREASE IN EMISSIONS

NAM Capital Briefing
On Tuesday, April 19, the Environmental Protection Agency (EPA) published the 2011 U.S. Greenhouse Gas Inventory Report, an annual report conducted by the EPA that identifies the country’s sources of carbon emissions. The findings illustrate a 6.1 percent decrease in overall carbon emissions from the previous year. Additionally, the report states that in 2009, manufacturers generated just 4 percent of total U.S. emissions. To read the report, click here.

MANUFACTURERS DISCUSS IMPACT OF BURDENSOME ENVIRONMENTAL REGULATIONS AT HOUSE HEARING

NAM Capital Briefing
The House Energy and Commerce Subcommittee on Energy and Power held a hearing on Friday, April 15, to examine the EPA’s recent rulemakings on utilities, cement facilities and industrial boilers. The hearing focused on the impact these regulations will have on energy prices, competitiveness and manufacturing jobs. Several NAM members testified at the hearing. Their written statements are available on the Energy and Commerce Committee website and on the NAM’s Affordable Energy campaign website at www.NoNewRegs.org.

REASON FOR OPTIMISM ON FTAS

NAM Capital Briefing
On Monday, April 18, the Panamanian government announced it had passed a Tax Information Exchange Agreement (TIEA) with the United States. The agreement was the last remaining issue the Obama Administration had identified as an impediment to moving forward with the U.S.-Panama Free Trade Agreement (FTA). Also on April 18, U.S. Trade Representative Ron Kirk transmitted a letter to House and Senate leadership indicating that the Administration was prepared to begin the technical discussions and consultations in preparation for sending the Panama FTA to Congress for immediate approval. Ambassador Kirk sent a similar letter on the U.S.-Korea FTA about two months ago. In addition, the United States and Colombia agreed on an action plan two weeks ago to address outstanding issues in the U.S.-Colombia FTA. On April 20, in a speech in Baltimore, Md., Ambassador Kirk alluded to a similar letter informing Congress that Colombia was ready for the same process, if the Colombians meet the actions required by a pending April 22 deadline.

SUPREME COURT SIGNALS IT WILL TOSS OUT GLOBAL-WARMING LAWSUIT

UAE Weekly Energy Brief
Justices are skeptical about the lawsuit brought by six states, including California and New York, against coal-fired power plants in the South and Midwest. An Obama administration lawyer says it's a matter for the EPA to handle.

The Supreme Court justices indicated Tuesday they would throw out a huge global-warming lawsuit brought by six states against coal-fired power plants in the South and Midwest. And they will do so with the support of the Obama administration.

Acting U.S. Solicitor General Neal Katyal urged the justices to end the lawsuit, insisting the problem of global warming and greenhouse gases is too big and unwieldy for a single judge to handle. It is a regulatory problem for the Environmental Protection Agency, he said.

Four years ago, the justices cleared the way for the Environmental Protection Agency to regulate carbon dioxide and other greenhouses gases under the Clean Air Act. Since then, the government has adopted stricter standards for motor vehicles. The agency is debating regulations for power plants, but has taken no firm action.

But all the while, several states, led by Connecticut, New York and California, have pressed ahead with a lawsuit that calls carbon pollution a "public nuisance" and asks a federal judge to restrict emissions from power plants.

During Tuesday's argument, most of the justices — liberal and conservative — said they were skeptical about turning over such a complicated and politically charged issue to a single federal judge.
This "sounds to me a lot like what the EPA does," said Justice Ruth Bader Ginsburg. A judge cannot be "a super EPA" who sets detailed regulations for power plants, she said.

Justice Elena Kagan agreed. Prior to the 1970s, when Congress enacted the Clean Air Act and the Clean Water Act, judges decided "nuisance" lawsuits where one state sued another for causing pollution. "It's a different world," she said, now that the EPA has the legal authority to regulate pollution, including greenhouses gases.

Last summer, Katyal, who represents the Obama administration, surprised and angered some environmentalists when he filed a brief on the side of the major power producers asking the Supreme Court to throw out the "public nuisance" lawsuit.

During Tuesday's argument, he called the global-warming suit unlike any that has come before the high court before. Because there are "billions of emitters" of carbon pollution and "billions of potential victims" of climate change, there is no way for a judge to decide such a case based on a legal principle, he said.

Katyal said the EPA planned to issue proposed regulations for power plants next year.

In defense of the lawsuit, New York state Solicitor General Barbara Underwood said the EPA's "promise of regulation" in the future was not a good reason for "closing the courthouse door" prior to a trial.

She said the suit, which began in 2004, targeted the coal-fired power plants that emit about 10% of the nation's greenhouse gases. "It could be a long time before the EPA acts," she said. She also said the suit was still at its early stages and that the states would have to prove the need for strict emissions standards for power plants.

But she spent most of her time at the lectern trying to explain why the suit should not be thrown out now.

Other states joining in the suit are Rhode Island, Vermont and Iowa, plus New York City.

Justice Sonia Sotomayor withdrew from the case of American Electric Power Company vs. Connecticut because she was on the U.S. appeals court in New York when its judges cleared the suit to go forward.

CHINA CALLS FOR TOUGHER ACTION ON TAINTED FOOD

Today in Manufacturing
China's Cabinet ordered authorities across the country to step up their battle against illegal food additives following several recent tainted food scandals ... continue

UPDATE ON NEW CRANES AND DERRICKS STANDARD

UOSH Safety Line

Federal OSHA has issued the Small Entity Compliance Guide for Cranes and Derricks in Construction to help businesses comply with the recently published Cranes and Derricks in Construction standard. The small business guide is divided into chapters that correspond to sections of the standard. The guide addresses the most common compliance issues faced by employers, but does not cover all provisions of the standard.

Federal OSHA published the rule in August 2010 to address the number of worker injuries and deaths associated with the use of cranes and derricks in construction. The rule also addresses technological advances in equipment since the rule was originally issued in 1971.

"Over the past four decades, we've continued to see a significant number of worker injuries and deaths from electrocution, crushed-by and struck-by hazards while performing cranes and derricks operations," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This guide will help employers understand what they must do to protect their workers from these dangerous, sometimes fatal incidents."

Please see the following websites for more information:
• Small Entity Compliance Guide for Cranes and Derricks in Construction: http://www.osha.gov/cranesderricks/small_entity.html

• OSHA Web Page: Cranes and Derricks in Construction Final Rule: http://www.osha.gov/cranesderricks/index.html

• OSHA News Release: OSHA issues guidance document to help small businesses comply with cranes and derricks rule (Mar. 8, 2011): http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=19374