Con-Tech Plastics: We have accumulated more than 200 molds over the years, which, for one reason or another, are now obsolete and/or inactive. The owners have essentially abandoned them and cannot be located. They are taking up valuable warehouse space and we need to dispose of them.
I'm sure this is an ongoing problem and I would appreciate any thoughts/suggestions of the MAPP members who have faced the same situation. What is the legal process you pursued in disposing of abandoned molds?
Ralph Riehl
Con-Tech Plastics: Inactive/Abandoned Molds
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Metro Plastics Technologies: CYCOLAC MG38 NATURAL NEEDED
Metro Plastics Technologies: Looking for around 5000 lbs. Please email me directly.
Thank you,
Robert Rooney
[email]rrooney@metroplastics.com[/email]
Rob Rooney
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Benesch : DOL Takes Action to Rescind the Persuader Rule
Benesch : In March 2016, the Department of Labor (“DOL”) published a revised “Persuader Rule” requiring attorneys involved in union organizational campaigns to file broad public financial disclosures about their own and their law firm’s compensation related to these efforts. Traditionally, persuader activity had to be publically reported only if an attorney communicated directly with a client’s employees regarding union activity. The revision expanded these public reporting requirements to include any advice that “indirectly persuades” a client’s employees regarding union organizing and collective bargaining, even if the persuader had no direct contact with employees. The revisions were aimed at, among other things, discouraging law firms from being involved in organizational campaigns to avoid such disclosures. The revisions, however, also infringed on the attorney-client privilege.
The DOL’s revised Persuader Rule was barred by a permanent injunction on November 16, 2016, when a Texas court expressed concern that attorneys would be forced to violate the attorney-client privilege by disclosing clients’ identities, fee arrangements, and the nature of the advice and services provided. Under President Obama, the DOL appealed this decision but the Trump Administration had not addressed this issue until last week. The DOL now has submitted a proposed rule designed to rescind the Persuader Rule – signaling a clear position change from the previous administration. The new Secretary of Labor, Alexander Acosta, confirmed the change when he publicly announced this rule as a step to rescind the Persuader Rule in an op-ed published in the Wall Street Journal. While the rulemaking process eventually will require soliciting and weighing public comments, the outcome is expected to be the elimination of the Obama-Era Persuader Rule.
For more information on this topic please contact a member of our Labor & Employment Practice Group.
Eric Baisden at 216.363.4676 or [email]ebaisden@beneschlaw.com[/email]
Pete Kirsanow at 216.363.4481 or [email]pkirsanow@beneschlaw.com[/email]
Shannon Byrne at 216.363.4578 or [email]sbyrne@beneschlaw.com[/email]
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Benesch : Sixth Circuit is Latest Appellate Court to Find Class Action Waivers Violate NLRA
Benesch : On Friday, May 26, the Sixth Circuit Court of Appeals became the latest federal appellate court to weigh in on whether or not arbitration agreements that include class action waivers violate federal labor law, specifically, the National Labor Relations Act (“NLRA”). NLRB v. Alt. Entm’t, Inc., No. 16-1385, 2017 U.S. App. LEXIS 9272 (6th Cir. May 26, 2017). In a 2-1 decision, the Court agreed with the National Labor Relations Board’s (“NLRB”) position that mandatory arbitration agreements that require employees to waive their right to bring claims as a class or collective action interfere with employees’ right to engage in concerted protected activity for their mutual aid or protection, a right protected under Section 7 of the NLRA.
This issue has been percolating at the appellate court level since 2013 and at least six federal appellate courts have now considered the issue. With the Sixth Circuit’s decision last week, circuits now have split evenly on the issue, 3-3.
In D.R. Horton, Inc. v. NLRB, 737 F.3d 344 (5th Cir. 2013), the Fifth Circuit rejected the NLRB’s ruling that requiring employees to agree to mandatory arbitration and forego class and collection actions as a condition of employment violates the NLRA. The Fifth Circuit refused to enforce the NLRB’s order, holding that it violated the Federal Arbitration Act (“FAA”). The Fifth Circuit dismissed the NLRB’s argument that the FAA’s savings clause (providing that arbitration agreements shall be enforceable except “upon such grounds as exist at law or in equity for the revocation of any contract”) renders an arbitration agreement with a class action waiver invalid. The Fifth Circuit also found that the NLRA did not contain a congressional command exempting the statute from application of the FAA. Thus, the arbitration agreement was enforceable. The Second and Eighth Circuits subsequently agreed. Sutherland v. Ernst & Young, 726 F.3d 290 (2d Cir. 2013); Patterson v. Raymours Furniture Co., 659 Fed. Appx. 40 (2d Cir. 2016); Owen v. Bristol Care, Inc., 702 F.3d 1050 (8th Cir. 2013); Cellular Sales of Missouri, LLC v. NLRB, 824 F.3d 772 (8th Cir. 2016). The Fifth Circuit reiterated its position in 2015 and again rejected the NLRB’s argument that class action waivers contained in arbitration agreements violate the NLRA. Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015).
On the other side, the Sixth Circuit has now joined the Seventh and Ninth Circuits in following the NLRB’s position that such class action waivers violate Section 7 of the NLRA. Lewis v. Epic Systems Corp., 823 F.3d 1147 (7th Cir. 2016); Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016). The Sixth Circuit pronounced that the NLRA and FAA must “work in harmony” and that an arbitration agreement that violates the NLRA is not enforceable under the FAA. The Sixth Circuit determined that no conflict exists between the FAA and the NLRA because the NLRA protects all concerted activity. The Court further maintained that interference with such concerted activity – such as enforcing a class action waiver in a mandatory arbitration agreement – violates the NLRA. The Sixth Circuit concluded that the right to concerted legal action, whether substantive or procedural, is a right guaranteed by Section 7 of the NLRA. Consequently, any arbitration provision that operates to prohibit this Section 7 right is explicitly illegal and, as such, falls within the savings clause of the FAA.
The Supreme Court has already granted certiorari to hear the Murphy Oil (5th Circuit), Epic Systems (7th Circuit), and Ernst & Young (9th Circuit) cases to resolve the split.
If you have any questions on this topic please contact a member of our Labor & Employment Practice Group.
Eric Baisden at [email]ebaisden@beneschlaw.com[/email] or 216.363.4676.
Peter Kirsanow at [email]pkirsanow@beneschlaw.com[/email] or 216.363.4481.
Steve Moss at [email]smoss@beneschlaw.com[/email] or 216.363.4675.
Adam Primm at [email]aprimm@beneschlaw.com[/email] or 216.363.4451.
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Benesch : The Trump's Administration's Softened Tone on a NAFTA "Update"
Benesch : The Trump Administration gave Congress official
notice on Thursday, May 18, that it plans to
renegotiate NAFTA by providing a two-page
letter to Congress from the newly confirmed
United States trade representative, Robert
Lighthizer. The letter was required under a law
that mandates that the president give Congress
at least 90 days’ notice before opening a trade
negotiation. The notice is a much scaled-back
version of the eight-page draft that Congress
received in March, which proposed adding a
provision to allow tariffs to be reinstated if a
flood of imports threatened to harm a domestic
industry.
Mexico’s Economy Minister released a
statement welcoming the announcement,
reaffirming its willingness to update the
agreement and continue to regulate trade
relations in North America. Canadian Prime
Minister, Justin Trudeau, has echoed Mexico’s
comments that an updated agreement would be
a welcome change.
On May 30, thirty-two chief executives sent
a letter to the Trump Administration, urging
the administration to move swiftly on an
update to NAFTA. They urged quick action and
emphasized the benefits that they currently
receive from the deal. A swift resolution,
however, is unlikely. Transparency rules will
create procedural delays in the negotiations,
which will likely push the negotiations into the
2018 campaign season. Such timing will allow
Democrats to press Republican lawmakers to
live up to their campaign promises of more jobs
and better jobs.
Few among Americans, Mexicans, and
Canadians want a total overhaul of NAFTA. Most
would prefer status quo on the overall structure
and an update in various areas. Stronger
intellectual property rights and a commitment
from Mexico and Canada not to impose customs
duties on digital products is one area in which
we may see an update. Other outcomes that
have been discussed include lower trucking
rates, reduced trade which creates more
warehouse space, and an increase in ocean
rates as demand increases, but it is difficult to
predict with certainty.
With negotiations beginning at the earliest in
August 2017, it is too early to know how the
negotiations will affect manufacturers and
companies in the transportation and logistics
industries. Benesch will continue to monitor
negotiations and pre-negotiation releases of
information to provide updates to our
clients in the manufacturing, transportation
and logistics, and related industries of any
developments.
For more information contact:
Kevin Capuzzi 302-442-7063 [email]kcapuzzi@beneschlaw.com[/email]
Paul Obszanski 317-685-6145 [email]pobszanski@beneschlaw.com[/email]
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Wright Plastic Products: Novamid Natural material
Wright Plastic Products: We have 11,000 pounds of 1010N2 PA6 Novamid material we would like to sell. $3.65/lb
Jodi
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Benesch : DOJ Now Supports Enforcement of Employment Arbitration Clause
Benesch : The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory arbitration clause in the agreement does not deprive employees of federally protected rights.
Acting Solicitor General Jeffrey B. Wall acknowledged that the Justice Department’s new pro-employer stance is a direct about face from its prior support for the National Labor Relations Board (NLRB) under the Obama Administration.
“[T]his Office previously filed a petition for a writ of certiorari on behalf of the NLRB, defending the Board’s view that agreements of the sort at issue here are unenforceable,” Wall wrote. “After the change in administration, the Office reconsidered the issue and has reached the opposite conclusion.”
This is the latest example of the Trump Administration seeking to roll back labor law interpretations adopted under the prior administration.
On June 12, the U.S. Department of Labor issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule,” which would have broadened requirements on who must file public disclosures related to union organizing campaigns. The revisions were aimed at, among other things, discouraging law firms from being involved in organizational campaigns to avoid such disclosures.
On June 16, the Justice Department filed its amicus brief in NLRB v. Murphy Oil as well as two similar private actions, Epic Systems Corp. v Lewis and Ernst & Young LLP v. Morris, which the Supreme Court is considering in addition to the Murphy Oil case.
The issue before the Court is whether arbitration agreements that bar employees from pursuing work-related claims under statutes such as the Fair Labor Standards Act (FLSA) on a collective or class basis violate the National Labor Relations Act (NLRA), which protect employees’ rights to organize and to engage in collective bargaining.
For the Justice Department, that answer is now a resounding “no.”
“Enforcement of plaintiffs’ arbitration agreements would not deprive them of their substantive right under the FLSA to proper wage-and-hour compensation, or any procedural right under the NLRA to invoke whatever class or collective procedures are otherwise available to them,” Wall concluded. “We do not believe that the [NLRB] in its prior unfair-labor-practice proceedings, or the government’s certiorari petition in Murphy Oil, gave adequate weight to the congressional policy favoring enforcement of arbitration agreements that is reflected in the [Federal Arbitration Act].”
Even though it has changed its position, the government is not requiring the NLRB to withdraw its petition for Supreme Court review, nor has it suggested the Court dismiss any of the pending cases. Rather, Wall has authorized the NLRB to represent itself in the Supreme Court.
If you have any questions on this topic please contact a member of our Labor & Employment Practice Group.
Eric Baisden at [email]ebaisden@beneschlaw.com[/email] or 216.363.4676.
Peter Kirsanow at [email]pkirsanow@beneschlaw.com[/email] or 216.363.4481.
Rick Hepp at [email]rhepp@beneschlaw.com[/email] or 216.363.4657.
Adam Primm at [email]aprimm@beneschlaw.com[/email] or 216.363.4451.
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PLASTIC MOLDING TECHNOLOGY INC: Business Continuity Plan
PLASTIC MOLDING TECHNOLOGY INC: We plan on updating our BCP and would like to get a molders perspective or a resource to use to formulate a plan to be in compliance with quality systems auditors.
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Asyst Technologies LLC: OSHA Safety Consultation
Asyst Technologies LLC: Has anyone used the OSHA safety consultation service offered?
We are trying to improve our compliance and found this resource. It says that it will not increase your chance of being audited, but I am hesitant.
Love to hear about others experiences good or bad.
Thanks
Andy
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Metro Plastics Technologies: 240 /480 electrical connections
Metro Plastics Technologies: I am being told by my electrical contractor that 240 and 480 volt receptacles require a disconnect switch that removes the power from the female receptacle so no one can disconnect the equipment ( mold temp controllers, dryers, grinders etc, from the power source unless they are wearing protective gear. I do not see this any plants I visit. The reference code is NFPA70E. Has anyone had experience with this and is it necessary.
Lindsey Hahn
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Hunter Douglas: URGENT Need for Xenoy 5220U
Hunter Douglas: Urgent need for Xenoy 5220U Natural. If there is any available please provide price per lb. and availability. We will need lot certs as well.
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Hunter Douglas: Xenoy 5220U
Hunter Douglas: In urgent need for Xenoy 5220U Natural. Please advise if anyone has any, price per lb. and availability. We would require lot certs as well.
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Criterion Technology: Lexan 943A-116 Clear PC - 200 pounds needed quickly
Criterion Technology: Criterion has an urgent need for about 200 pounds of Lexan 943A-116 Clear polycarbonate. We confirmed customer orders based on the distributor saying material was readily available. Now we're told October delivery.
Does anyone have material available we can purchase? Sabic certs are required.
Thank you,
Myra
Myra Boyt
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POLY-CAST, INC.: FOR SALE: DUPONT ZYTEL 70G33HS1L BK031
POLY-CAST, INC.: For Sale:
13 Gaylords, @1102 Lbs Ea., Total 14326 Lbs.
DUPONT ZYTEL 70G33HS1L BK031
$2.39/Lb
Also available:
330 Lbs.
DUPONT DELRIN PD520MPNC010
$8.25/Lb
These all have lots and certs and are PRIME VIRGIN.
You would have to pay for shipping.
Please contact [email]AZUVICH@POLY-CAST.COM[/email] if you are interested or have questions about anything listed here.
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Benesch : DOL Plans to Revise "White Collar" Overtime Rule
Benesch : Authors: Rick Hepp
The U.S. Department of Labor (“DOL”) plans to revise its pending overtime rule, which would have more than doubled the minimum annual salary for workers in “white collar” executive, administrative and professional positions to be “exempt” from eligibility for overtime wages.
In late November, Texas District Judge Amos Mazzant blocked the DOL from implementing the revised rule with a nationwide preliminary injunction. Judge Mazzant held that Congress defined the “white collar” exemptions based on an employee’s duties, not on his or her salary. Judge Mazzant concluded that, “Congress did not intend salary to categorically exclude an employee with [exempt] duties from the exemption.”
In a brief filed with the Fifth Circuit Court of Appeals, the government changed position, stating: “[DOL] has decided not to advocate for the specific salary level ($913 per week) set in the final rule at this time and intends to undertake further rulemaking to determine what the salary level should be.”
DOL, however, intends to wait until after the Fifth Circuit decides whether the regulatory agency has the statutory authority to require employers to meet any salary test before revising the pending overtime rule.
As the government told the Fifth Circuit: “The rulemaking process imposes significant burdens on both the promulgating agency and the public, and [DOL] is reluctant to issue a proposal predicated on its authority to establish a salary level test while this litigation remains pending.”
Instead, DOL will publish a request for information seeking public input on several questions that will aid in the development of a proposal.
It is unclear what the DOL would set as a minimum salary threshold, although it is likely to be substantially less than the $47,476 floor in the pending overtime rule. During his confirmation hearing in March, Labor Secretary Alexander Acosta said the $47,476 was excessive and indicated that he was open to a more reasonable salary level—“somewhere around $33,000.” He also noted that it has not been adjusted in over 10 years.
For more information on this topic, please contact a member of Benesch's Labor & Employment Practice Group.
Eric Baisden at [email]ebaisden@beneschlaw.com[/email] or 216.363.4676.
Johanna Fabrizio Parker at [email]jparker@beneschlaw.com[/email] or 216.363.4585.
Rick Hepp at [email]rhepp@beneschlaw.com[/email] or 216.363.4657.
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Empire Precision Plastics, Inc: Lexan ml4506-116 natural
Empire Precision Plastics, Inc: I am in need of a 55 lb original bag with certs.
Chuck Golisano
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Stihl, Inc.: Thermoset Expert
Stihl, Inc.: We are looking for an expert with thermoset to assist one of our suppliers with some processing challenges on a consultant basis. Any leads / contacts are appreciated.
Ben Hoffmann
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MMI Engineered Solutions: IQMS - Press Side Assembly Help
MMI Engineered Solutions: I am reaching out to the community to get help on structuring Work Centers, Center Types, BOM's, and best practices for scanning with regards to Press Side Assemblies. With this question, I am referring to product that can be assembled within molding cycle of the press.
I would like to find out how community members, that use IQMS, have structured their work centers and BOM's to support accurate scheduling and inventory manager.
Any help would be greatly appreciated.
Ken Bennick
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Legacy Custom Plastics: PC W/Teflon
Legacy Custom Plastics: I have some aged inventory of PC/Teflon from Technical Polymers Grade 3018W7 BK-1. Does anybody have any interest?
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Engineered Profiles LLC: Professional Employer Organization (PEO)
Engineered Profiles LLC: Our HR department is evaluating the use of a professional employer organization (PEO) and I wanted to reach out to this group to see if there is anyone that had experience with this that would be willing to discuss. I am interested in finding out a little more of the Pro’s and Con’s from someone who has some first hand knowledge to help us in evaluating if it would be a good fit for us. Specifically we are evaluating ADP but even just general feedback would be appreciated.
Thanks in advance for any assistance,
Adam Wachter
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