December 14, 2011

PROTESTERS HALT OPERATIONS AT THREE WESTERN PORTS

Today in Manufacturing
Wall Street protesters' attempts to block gates at some of the West Coast's busiest ports have led to some partial shutdowns ... continue

TOP 10 SMALL BUSINESS PREDICTIONS FOR 2012
Small Biz News That Matters
December truly is the most wonderful time of the year for small business owners. Besides the spurt in shopping activity, it's the time when business pundits provide predictions for next year's trends…

5 INTERNET MARKETING TRENDS FOR SMBS TO WATCH IN 2012
Small Biz News That Matters
In just the blink of an eye it will be 2012. And with that comes the opportunity for us to focus in on the hottest trends of the upcoming New Year, and maybe even those that eluded us in years prior. While you’re putting the finishing touches on your action plan for 2012…

WHITE HOUSE BUSINESS ROUNDTABLE: "WINNING THE FUTURE", FEATURING PETER ROGOFF
Craig Galli – Holland and Hart (UMA Transportation Committee Chairman)
Craig Galli, UMA Transportation Committee Chair, represented UMA at a special White House Business Roundtable meeting last week where Peter Rogoff, Administrator Federal Transit Administration, U.S. Department of Transportation, appeared and outlined the transportation issues ahead in 2012. The following is his report:

• Despite the substantial federal funds direct towards transportation project (highways and transit), there has still been substantial service cuts and transportation and construction related job losses due in part because many states and municipalities could not come up with the matching funds needed to take advantage of the federal funds.

• There will be an FTA initiative to impose greater safety regulations on light rail systems. Notably, UTA has had its share of fatalities in recent years due to transit accidents.

• Both the Senate and House are looking at their 8th short-term funding continuation legislation which imposes a hardship on state DOTs and transit authorities to plan project. But Congress is particularly crippled at this time due to bi-partisan bickering. However, it was noted that there is probably more bi-partisan support for transportation project than other policy initiatives.

• We are looking at a huge transportation funding shortfall in the country. There has been talk about raising gasoline taxes but there is little enthusiasm on either side of the aisle for that so that suggestion is dead.

• It was also noted that even though Utah is the reddist of states and red states are increasingly become anti-government, Utah has done a great job working together with the feds, and government transportation agencies working with MPOs and the business community to move forward with robust transit and highway projects.

THE NEW ADA: GET IN COMPLIANCE
Employers Council
The EEOC earlier this year issued new final regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA). The landscape of disability discrimination law has significantly changed. Come to our January seminar and hear prominent attorneys Lois Baar and Cecilia Romero from Holland & Hart teach participants the latest legal developments and how to apply ADA rules in real-world situations. As an added bonus, the Council’s SPHR professionals will share HR practice tips for accommodating people with disabilities. You will learn how to navigate the new ADA landscape and get your company in compliance. Topics to be covered include:

• ADAAA of 2008
• Final EEOC regulations from May 2011
• Expanded definition of "disability"
• Employer nondiscrimination and reasonable accommodation obligations
• Interactive process steps
• Helpful forms and checklists

The seminar is scheduled for Thursday, January 26, 2012, from 8:00 a.m. to 12:00 noon, at the Red Lion Hotel in Salt Lake City. See the attachment to this week’s newsletter for details and registration information.

RETAIL SALES RISE FOR SIXTH STRAIGHT MONTH
Today in Manufacturing
Americans spent more on autos, furniture and clothing at the start of the crucial holiday shopping season, boosting retail sales for a sixth straight month ... continue

U.S. MACHINE TOOL ORDERS FELL 22% IN OCTOBER
Quick Manufacturing News
Domestic manufacturers' new orders fell to $463.32 million in October from $606.56 million in September, and the trade groups that issue the monthly results cautioned that the sector’s 2012 growth may be slow, too, as tax incentives have pulled some orders into 2011. Click to continue

NAM/IW Q4 SURVEY: MANUFACTURER OPTIMISM SPIKES
Quick Manufacturing News
72% of manufacturers surveyed expect sales to increase in 2012. Click to continue

INDIA'S INDUSTRIAL OUTPUT DECLINES 5.1%
Quick Manufacturing News
Manufacturing production, which accounts for around 75% of the industrial index, declined 6% year-on-year. Click to continue

USMTO: TECHNOLOGY SALES DROPPED IN OCTOBER
Today in Manufacturing
October manufacturing technology orders were down 22.4 percent but ahead by 20.3 percent when compared with the total reported for October 2010 ... continue

NATIONAL LABOR RELATIONS BOARD (NLRB) POLICY UPDATE
NAM
As most Americans are focused on closing out the calendar year, the National Labor Relations Board (NLRB) is racing the clock to enact more jobs-killing regulations before December 31.

Some of their jobs-killing regulations include:
NLRB Ambush Election Rule
In the midst of a House vote on H.R. 3094, the “Workplace Democracy and Fairness Act,” on Wednesday, November 30, the National Labor Relations Board (NLRB) held a public meeting and proposed modifications to its "ambush election" rule. In June, the NLRB issued a proposed rule, which would significantly narrow the time between when a petition is filed for union certification and when a representation election takes place. While at first glance, the Board's new interim solution looks significantly better than the rule it originally proposed in June, it would remain harmful to employers. Among other things, the resolution would alter what types of pre-election hearings can be held and what types of appeals can be filed prior to an election—and it appears to shorten the time between a petition for certification being filed and the election. It is unclear at this time when a final rule will be issued and what the final rule will look like—however, as pointed out in the meeting, there are less than 20 working days left in the year until NLRB member Craig Becker’s term expires (December 31, 2011), so a rule is likely in the coming weeks.

Posting Requirement Lawsuit
In August, the NLRB issued a final rule requiring all employers, subject to the National Labor Relations Act, to post a notice of employees’ right to join a union. The NAM filed comment opposing the proposed rule and continues to push ahead with its lawsuit against the NLRB, challenging this rule. The NAM has submitted its initial and reply briefs with the federal court and additionally, the House Education and Workforce Committee Chairman, John Kline (R-MN), along with 35 other Members of Congress, filed an amicus brief with the court supporting the NAM’s contention the NLRB lacks the authority to issue such a rule. The oral arguments for the case will be held the morning of December 19 at the U.S. District Court in Washington, DC. The NAM anticipates the judge will make her ruling prior to the new effective date of the rule, January 31, 2012.

Boeing Case
Earlier this year, the NLRB’s General Counsel filed a complaint against Boeing for opening a new production facility in South Carolina. Late last week, the International Association of Machinists (IAM) and Boeing announced an agreement to settle their dispute, which was the basis of the NLRB complaint filed against Boeing earlier this year. As part of the agreement, the IAM will drop its complaint against Boeing, but the NAM remains concerned about the precedent set by the acting General Counsel and its implications for manufacturers seeking to expand operations.

Workplace Democracy and Fairness Act—H.R. 3094
On November 30 the House took an important step toward halting the NLRB’s march against job creators by passing the “Workforce Democracy and Fairness Act” by a vote of 235-188. The bill would protect employers and employees from two of the NLRB’s extreme actions—the proposed “ambush election” rule and the NLRB’s Specialty Healthcare decision. H.R. 3094 allows employers sufficient time to prepare for an upcoming union election and ensures that workers have access to all the facts they need to make a fully informed and private decision about union representation—a decision that impacts their job and family. The bill would also undo the Board’s decision in Specialty Healthcare, which allows for the formation of “micro unions,” consisting of as little as two employees within one facility. These recent Board actions would place employers at a significant disadvantage. H.R. 3094 now awaits action in the U.S. Senate.

SURVEY: CEOS FORESEE NO PICKUP IN HIRING
Today in Manufacturing
The Business Roundtable forecasts that the economy will expand 2 percent next year, and CEOs are reluctant to spend ... continue