Friday, May 4, 2012

April 27, 2012


Quick Manufacturing News

The most recent AFP Corporate Cash Indicators, a quarterly look at recent and anticipated changes in corporate balances, showed quarter-to-quarter growth at 40% of reporting organizations between year-end 2011 and the first quarter of 2012. In contrast, 27% of companies indicated that they lowered cash balances during the quarter.

U.S. GROWTH SLOWS IN FIRST QUARTER
Today in Manufacturing
Commerce Department said the economy grew at an annual rate of 2.2 percent in the January-March quarter, compared with a 3 percent gain in the final quarter of 2011 … continue
Now that five years have passed, an economist has taken a look at the effects of the ERISA mandate, and it is a lesson in unintended consequences … continue

GALLUP: AMERICANS DIVIDED OVER PRODUCING ENERGY VS. PROTECTING ENVIRONMENT
Marking a shift from the early 2000s, Americans are now nearly evenly divided over whether environmental protection or energy production should be given priority, according to a Gallup poll released March 23.
A slightly higher percentage of respondents, 47% to 44%, said U.S. development of oil, gas and coal should be given priority over protecting the environment, Gallup reported. The results were based on the organization's annual environment poll, which was conducted March 8-11.
In 2011, fully 50% of respondents said U.S. energy development should be given priority, versus 41% favoring environmental protection, Gallup noted. The results from this year and last year represent a shift from those in a 2002 Gallup poll, when 52% of Americans favored protecting the environment while 36% gave priority to energy development.
Among Democrats, 56% in the March 2012 poll gave priority to environmental protection, with 34% favoring energy production. That number shifted dramatically among Republicans, with only 24% giving priority to protecting the environment and 68% favoring energy production. Among independents, 49% gave priority to environmental protection and 41% to energy production.
When presented with the choice between development of alternative energy such as wind and solar power and production of more oil, gas and coal, the March 2012 survey found that 59% of Americans preferred alternative energy, with 34% preferring an emphasis on production of more oil, gas and coal. More than two-thirds of Democrats, 68%, said the U.S. should follow the alternative energy approach, with 24% preferring oil, gas and coal. Only 34% of Republicans preferred the alternative energy approach, while 59% voiced a preference for producing more oil, gas and coal. Independents were more closely aligned with Democrats on this question, with 67% preferring alternative energy and 27% preferring oil, gas and coal.
On the topic of conservation, a majority of respondents in the current Gallup poll, 51%, said that the U.S. should emphasize more conservation of existing energy supplies by consumers, while 40% said that production of more oil, gas and coal supplies should be emphasized.
The new Gallup poll follows on the heels of a survey conducted March 7-11 by the Pew Research Center for the People and the Press, which found a drop in public support for alternative energy. However, Pew noted that while the margin has narrowed in the past year, more Americans still support developing alternative energy sources than support expanding the exploration and production of oil, coal and natural gas.
In March 2012, 52% of respondents favored developing alternative energy sources, compared with 39% favoring expanding exploration and production of oil, coal and natural gas, Pew reported. In March 2011, 63% supported alternative sources, compared with 29% supporting expanded exploration and development of oil, coal and gas.

NAM CAPITAL BRIEFING
Week_Washington
Senators Fail to Stop NLRB’s Harmful Ambush Elections Rule. Manufacturers were disappointed on Tuesday, April 24, when the Senate rejected (along party lines) Sen. Michael Enzi's (R-WY) resolution to disapprove the National Labor Relations Board’s (NLRB) “ambush elections” rule. S.J. Res. 36 was rejected by a vote of 45-54. Sen. Lisa Murkowski (R-AK) was the only Republican to vote with the Democrats to defeat the measure. 
Under current law, the median number of days it takes to hold a union representation election is 38 days. This provides enough time for employees to educate themselves and make informed decisions about whether they wish to join a union or not. The NLRB’s new regulation, finalized in December and scheduled to take effect on Monday, April 30, shortens the time frame for union certification elections to 20 days—constraining employers’ ability to inform their employees about a pending election. It will strip employers of their right to have certain pre-election disputes adjudicated until after the election has taken place.
Ambush elections also are bad news for employees. By shortening the time before a union election, workers will be less likely to get all the facts essential to making such an important decision. The ambush rule is yet another example of NLRB overregulation and places an undue burden on employers and employees alike.
The NAM key voted Sen. Enzi’s measure and, along with the National Federation of Independent Business (NFIB), issued online and radio ads in targeted states ahead of the Senate vote. The ads highlight that “rather than enforce existing rules, the NLRB is imposing new regulations like ambush elections, overturning decades of labor laws to benefit special interests at the expense of hard working taxpayers…” Prior to the vote, NAM Senior Vice President of Policy and Government Relations Aric Newhouse issued a statement in support of S.J. Res. 36.
"On April 30, the NLRB is set to overhaul 75 years of established labor policy with new union election rules that are both unnecessary and misguided. These changes, coupled with additional NLRB proposals that threaten workplace relations, undermine manufacturers’ efforts to create jobs and grow the economy,” said Newhouse.

It is still possible that the rule—and the April 30 effective date--will be delayed. The NAM, as part of the Coalition for a Democratic Workplace, is awaiting the federal court's decision in a motion for injunction to block the rule from taking effect. Click here to read more.
Details: Amanda Wood, (202) 637-3128 and Joe Trauger, (202) 637-3127.


Hot Topic
NAM Monitors Energy and Pension Provisions in Transportation Bill. The House and Senate took the next steps to initiate a conference committee on the surface transportation authorization this week and appointed 47 conferees. It is not yet clear when the first conference committee will be held. It is anticipated that the chairman of the conference will be named by the Senate. Manufacturers will be closely monitoring key provisions of importance—including language that would approve the entire Keystone XL pipeline and provisions that would prevent the Environmental Protection Agency (EPA) from regulating coal ash as a hazardous material. Several Senate Democrats on the conference committee have promised to fight the inclusion of these two provisions in the transportation bill. Also to be considered as part of the conference committee will be a pension funding stabilization provision included in the Senate-passed legislation, which would allow pension funding obligations to be based on a more historically accurate interest rate than the rate used today. This provision was included as a way to help pay for the Senate bill and has the strong support of the business community. The NAM has been working over the past several months to advance this provision and will continue to educate the House on the need for funding stabilization. The NAM will be weighing in with the conference committee in the weeks ahead.
Details: Robyn Boerstling, (202) 637-3178 and Chip Yost, (202) 637-3175.


Trade Policy
NAM Continues Push for MTB Process. On March 30, Senate Finance Chairman Max Baucus (D-MT) and House Ways and Means Chairman Dave Camp (R-MI) announced that they would commence the miscellaneous tariff bill (MTB) process. The MTB process allows companies to request that members of Congress submit bills to suspend import duties on manufactured goods inputs that are unavailable in the United States and therefore must be imported. The NAM has been leading the lobbying and advocacy on this effort, working with relevant congressional committees and leadership. As there is no domestic production of such goods, the import duties protect no one and are simply a tax on manufacturing. There is no limit to the number of bills members of Congress can submit on behalf of their constituents, and each bill can suspend duties up to $500,000. Duties are suspended for a three-year period. The NAM has been pushing back on recent, inaccurate media accounts of the MTB process and published a letter to the editor in Politico on Thursday, April 26. The letter underscores that MTBs are not earmarks and are not limited tariff benefits because once a duty is suspended, any American importer may benefit from it. There is no limit on the number of businesses or importers who can take advantage of the suspended duty. The NAM continues to emphasize to members of Congress how MTBs allow American manufacturers to keep their costs low, retain jobs and improve competitiveness.
Details: Jessica Lemos, (202) 637-3078.


Tax Technology and Domestic Economic Policy
House Turns Its Attention to NAM-Supported Cybersecurity Bills. As part of what is being called “Cyber Week” by House leadership, the House is scheduled to vote on four cybersecurity bills on Thursday, April 26 and Friday, April 27. The NAM sent a letter to Capitol Hill on Wednesday, April 25, in support of all four bills. The NAM has been advocating for common-sense legislation that removes the barriers between the public and private sector that prevent them from sharing cyberthreat information. We have also called for improving how the federal government coordinates its cybersecurity research and development (R&D) efforts as well as the importance of a highly-skilled federal cyber-workforce. These bills address these critical issues for manufacturers.
Details: Brian Raymond, (202) 637-3072.


Manufacturers In The Courts
NAM Challenges NLRB’s Dangerous Micro-Union Policy. The NAM and other business groups joined in a brief on Monday, April 23, urging the Sixth Circuit to overturn a new National Labor Relations Board (NLRB) policy that makes it easy for an exceedingly small group of employees to form a collective bargaining unit in the workplace. The NAM argues that the NLRB’s ruling, which puts an extremely difficult burden of proof on manufacturers to show that a larger unit is more appropriate, violates federal law and ignores the responsibility of the Board to include workers with similar interests in single units. We also argue that the Board improperly delegated its obligations to workers who want to unionize, undermining the rights of other workers to fully exercise their rights. The result of the Board’s policy, announced in the Specialty Healthcare case last August, is piece-meal unionization, very inefficient collective bargaining and conflicting workforce demands. This kind of fundamental policy change should be subject to the rigors of notice-of-comment rulemaking, not merely announcing the change through a case decision. See Kindred Nursing Centers East, LLC v. NLRB (6th Cir.).
Details: Quentin Riegel, (202) 637-3058.  



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