April 30, 2012

MANUFACTURERS IN THE COURTS

National Association of Manufacturers

Pending Cases
Environmental
EPA’s existing regulation of greenhouse gas emissions was challenged several years ago by many business groups and states, and we are now awaiting a final ruling from the U.S. Court of Appeals for the D.C. Circuit to determine whether the agency’s convoluted decisions implementing the controls were legal under the Clean Air Act. We expect a ruling within a few months. See the cases summarized here.
Meanwhile, an environmental group representing children continues to press its theory that EPA and other federal agencies have a duty under the theory of “public nuisance” to ratchet down greenhouse gas emissions around the country by 6% per year. This month, a federal court in Washington, D.C., granted the NAM’s motion to intervene in this case.
We also filed a memorandum in support of our motion to dismiss the case, and a hearing is scheduled for May 11. In our papers, we offered compelling reasons for the court to dismiss the suit: 1) the case presents political questions that courts are not able to resolve; 2) the plaintiffs lack standing because their injuries are too speculative and not likely to be reduced by the relief sought; 3) the public trust doctrine under which the suit was brought does not exist under federal law and the claims have been displaced by federal regulation in this area; and 4) the doctrine does not apply to the atmosphere or impose a duty to regulate greenhouse gas emissions. Our motion highlights the dramatic and devastating effects that this kind of public trust litigation would have on manufacturing processes and investments, production and transportation costs, global competitiveness, domestic job creation and the U.S. economy.  Alec L. v. Jackson (D.D.C.).
Labor Law
NAM challenges NLRB’s micro-union policy. The NAM and other business groups joined together April 23 in a brief urging the Sixth Circuit to overturn a new NLRB policy, announced in the Specialty Healthcare case last August, that makes it easy for an exceedingly small group of employees to form a collective bargaining unit in the workplace.  We argued that the Board’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 argued 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 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. Kindred Nursing Centers East, LLC v. NLRB  (6th Cir.).
NLRB poster requirement on hold. When the NLRB issued a new regulation last August requiring employers to post a notice of employee rights in the workplace, the NAM sued. That case resulted in a split decision last month, with a federal judge upholding the posting requirement, but striking down some of the penalties that the NLRB wanted to impose.  We appealed, and asked the D.C. Circuit to enjoin the poster requirement until our appeal is completed. On April 17, it agreed. It found that there is considerable uncertainty about the enforceability of the poster rule, and noted that another federal court found that the NLRB lacked the authority to issue the rule at all. Consequently, the poster rule has been enjoined pending this appeal, and the appeal has been expedited to conclude briefing by the end of July and to hear oral arguments in September.  For further details, see NAM v. NLRB (D.C. Cir.).

THE IMPACT OF TAX REFORM ON STATE AND LOCAL POLICY Quick Manufacturing News 'If there is any overarching conclusion that one can draw from the overview of federal-state tax coordination, it may be simply that Congress should keep in mind the admonition of the Hippocratic Oath -- "First, do no harm" -- in considering proposals for federal legislation that affect state taxation,' said Walter Hellerstein, professor of taxation at the University of Georgia Law School. Full Article

CHINA VOWS TO BOOST IMPORTS AHEAD OF U.S. TALKS Quick Manufacturing News The powerful State Council said China will 'appropriately' increase the scale of imports to encourage more balanced trade and reduce trade friction, according to the central-government. Full Article

SETTING THE SAFETY STANDARD Quick Manufacturing News Is the Occupational Safety and Health Administration gearing up for a major expansion of its standards-setting power? Full Article

KELLE M. STEPHENS APPOINTED AS DIXIE APPLIED TECHNOLOGY COLLEGE CAMPUS PRESIDENT

 

The Utah College of Applied Technology (UCAT) announced today the selection of Kelle M. Stephens as campus president of the Dixie Applied Technology College (DXATC).

Stephens is currently the Vice President of Instruction for DXATC, where she began serving in 2006 as Director of Industry Training.  Her career includes 18 years as Director of Custom Fit Training for Dixie State College, Dixie Business Alliance, and DXATC, during which she served two four-year terms as co-chair of the State Custom Fit Council.

Stephens completed undergraduate work at Brigham Young University and received a Master of Social Science with emphases in economics and human resources from Utah State University.

"President Stephens has been a significant player in the development of the Dixie Applied Technology College over many years,” said UCAT president Rob Brems.  “She is a natural choice to succeed retiring President Richard VanAusdal.”

“Kelle is forward-thinking, enthusiastic and is also well-received by her UCAT colleagues across the state,” he continued.  “I have great confidence in her, the DXATC Board of Directors and the excellent DXATC staff to continue meeting the needs of Southern Utah's employers for technically-skilled workers."

“It will be my privilege to continue the DXATC legacy established by President VanAusdal to make a difference in our students’ lives and in our business community,” said Stephens.  “My commitment is to fill this crucial leadership role with full energy of purpose as the DXATC embarks on its exciting second decade.”

Stephens was selected by President Brems from several highly-qualified candidates after an extensive screening process, including consideration by a committee which was representative of the UCAT Board of Trustees, the DXATC Campus Board of Directors, the UCAT President’s Office staff, DXATC staff, and local business and industry.  Stephens’s appointment by Brems was approved in a special meeting today of the UCAT Board of Trustees.

“Kelle Stephens has served DXATC well and we are pleased she has been appointed as its new campus president,” said Tom Bingham, UCAT Board of Trustees Chair.  “Her excellent work in promoting high-quality workforce training for high school and adult students qualifies her for this position.  We expect significant growth will occur at DXATC during her administration, including the establishment of a new permanent campus at the site of the former St. George airport.  The Board of Trustees extends its warmest congratulations to President Stephens.”

Stephens will begin her new appointment on June 1, when current DXATC campus president Rich VanAusdal will retire.

DXATC is one of eight regional applied technology colleges comprising the Utah College of Applied Technology.

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About UCAT:

The Utah College of Applied Technology (UCAT) is the parent organization for Utah’s eight regional applied technology colleges (ATCs).  Established by the State of Utah, UCAT provides market-driven technical education through eight ATCs meeting the needs of Utah’s employers for skilled workers.

The ATCs prepare both adult and high school students to enter or advance in the workplace.  Customized training is also provided to employers for their workforce through UCAT’s Custom Fit program.

The eight ATCs are Bridgerland, Davis, Dixie, Mountainland, Ogden/Weber, Southwest, Tooele, and Uintah Basin.  For more information, visit www.ucat.edu.

About DXATC:

Established in 2001, the Dixie Applied Technology College (DXATC) is one of eight UCAT member campuses.  Serving Washington County with headquarters in St. George, DXATC served 6,539 students with 23 accredited occupational certificate programs and many other skills training courses in FY 2011.  For more information, visit http://www.dxatc.edu/.