S.C. Chamber sues NLRB to block notification rule
The South Carolina Chamber of Commerce, the state’s unified voice of business, and the United States Chamber of Commerce have filed a lawsuit against the National Labor Relations Board (NLRB) challenging the Board’s new rule requiring businesses to post notices explaining employees’ rights to unionize. The lawsuit alleges that the misguided NLRB rule violates federal labor and regulatory laws as well as the First Amendment. The case, Chamber of Commerce, et al. v. National Labor Relations Board, et al., is in the U.S. District Court of South Carolina.
“The NLRB’s new rule is just another example of the agency overreaching and overstepping its authority,” said Otis Rawl, president and CEO of the South Carolina Chamber of Commerce. “At a time when South Carolina businesses are working to create jobs, this new rule will add unnecessary costs to doing business.”
The lawsuit alleges that the NLRB’s final rule regarding Notification of Employee Rights Under the National Labor Relations Act (“Notification Rule”) violates the National Labor Relations Act (NLRA), the Administrative Procedure Act (APA), the Regulatory Flexibility Act (RFA) and the First Amendment. Significantly, the rule creates a new “unfair labor practice,” exposing businesses to significant and costly liability for failure to comply. The Rule -- which applies to virtually all private employers in the United States -- becomes effective on November 14, 2011.
According to the lawsuit:
- Nowhere does the NLRA give the NLRB authority to coerce employers to post such notifications, or to impose onerous penalties for those who fail to post the notices.
- In violation of the APA, the rule arbitrarily and capriciously excludes from the mandatory notice a description of the fundamental rights of employees to be free of compulsory union membership and compulsory union dues.
- The NLRB violated the RFA by failing to properly assess the significant economic impact the rule would have on small businesses.
- The rule violates the First Amendment by compelling employers to post the NLRB’s ideological views on unionizing.
S.C. State Ports Authority to provide $9.5 million to continue deepening study
The South Carolina State Ports Authority (SCSPA) has agreed to provide $9.5 million to the U.S. Army Corps of Engineers to continue a Charleston Harbor deepening study. The SCSPA decided to provide the money now as opposed to waiting for federal matching funds.
The SCSPA and South Carolina's business community believe Charleston Harbor must be deepened to 50 feet in order to accommodate the large ships that will be able to travel to the East Coast once the Panama Canal expansion is completed in 2014.
Congratulations, 2011 South Carolina Manufacturer of the Year winners
The South Carolina Chamber of Commerce, the state’s unified voice of business, is pleased to announce the 2011 South Carolina Manufacturers of the Year. Winners and nominees were honored before an audience of fellow manufacturers and business leaders at the South Carolina Manufacturer of the Year Awards Luncheon, presented by Nexsen Pruet, September 13 at the Embassy Suites in Columbia.
The 2011 winners are:
Cox Industries, Orangeburg - Small S.C. Manufacturer of the Year (based in S.C.) – Award presented by Alcoa Mt. Holly
PPG Industries Fiber Glass Products Inc., Chester - Small S.C. Manufacturer of the Year (based outside of S.C.) – Award presented by BlueCross BlueShield of South Carolina
Pure Power Technologies, Columbia - Medium S.C. Manufacturer of the Year – Award presented by South Carolina Manufacturing Extension Partnership
Honda of South Carolina Mfg. Inc., Timmonsville - Large S.C. Manufacturer of the Year – Award presented by South Carolina Spine Center at Self Regional Healthcare
Other 2011 Nominees:
AFL - Spartanburg
Ahlstrom Nonwovens LLC - Bethune
A.O. Smith Water Products Co. - McBee
Domtar Corporation - Fort Mill
ESAB Group Inc. - Florence
Meritor - Manning
Sensor Electronic Technology, Inc. - Columbia
UEC Electronics, LLC - Hanahan
The South Carolina Manufacturer of the Year program is dedicated to recognizing the accomplishments and contributions of South Carolina manufacturers.
Businesses can request refunds electronically starting Oct. 1
Information on employer tax notices, credits and refunds has been posted to the South Carolina Department of Employment and Workforce (DEW) website. Starting October 1, 2011, employers can request refunds of second quarter overpayments electronically through the DEW website, by mail or through email.
DEW recently mailed out revised 2011 tax rate notices to any business that had a change in its tax rate as a result of H.3700.
Information on individual business credits will be found in the regular third quarter tax information packet. This credit can also be viewed through the online application available October 1. For more information, contact Erica Von Nessen at 803-737-2622.
Giving manufacturing the proper perspective
By Craig Lundgren
“Daddy, where did this come from?” my six-year-old daughter asked holding her toy up for me to see.
“It was a gift from your grandmama,” I explained.
“No, Daddy. Where was it made?” she patiently inquired.
I stalled as I began to search the toy for some indication of its manufacturing origin. “China.”
“Are all things made in China?”
“No,” I laughed as I explained further, “Things are made everywhere. In fact, many things are made here in South Carolina.”
“Really? Like what?” she asked, fixing me with an intense look of interest and curiosity.
And so we began an animated conversation about the wonders of manufacturing, international trade and logistics—using all the props we could find on her bedroom floor to help illustrate. Given the literal workings of her six-year-old mind, I am sure she now believes all trade is dominated by Ni Hao Kai-Lan, Hello Kitty and Barbie. Click here to read more.
Training available for S.C. manufacturers
The Center for Manufacturing and Technology (CMAT) with the South Carolina Manufacturing Extension Partnership (SCMEP) is offering training for South Carolina manufacturing clients with an emphasis on strengthening managerial and supervisory leadership skills to motivate and retain employees. This training can be conducted at your site and, as a result of a grant, is at no cost other than for cost of leadership inventories if used (less than $15 per person).
Training will be offered on increasing communication skills, managing and resolving disagreements and conflicts, and developing team cohesion among people with different personalities, cultures and generational backgrounds. For more information, contact Dr. Joby Robinson.