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OSHA Safety Consultation : Jun 21st - 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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Business Continuity Plan : Jun 20th - 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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DOJ Now Supports Enforcement of Employment Arbitration Clause : Jun 19th - 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 ebaisden@beneschlaw.com or 216.363.4676. Peter Kirsanow at pkirsanow@beneschlaw.com or 216.363.4481. Rick Hepp at rhepp@beneschlaw.com or 216.363.4657. Adam Primm at aprimm@beneschlaw.com or 216.363.4451.
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The Trump's Administration's Softened Tone on a NAFTA "Update" : Jun 19th - 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 kcapuzzi@beneschlaw.com Paul Obszanski 317-685-6145 pobszanski@beneschlaw.com
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Sixth Circuit is Latest Appellate Court to Find Class Action Waivers Violate NLRA : Jun 19th - 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 ebaisden@beneschlaw.com or 216.363.4676. Peter Kirsanow at pkirsanow@beneschlaw.com or 216.363.4481. Steve Moss at smoss@beneschlaw.com or 216.363.4675. Adam Primm at aprimm@beneschlaw.com or 216.363.4451.
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Group List

Adams, Scott - Engineering Manager
Admire, John - Operations Manager
Alaniz, Linda - OPEX champion
Anderson, Earl - Technical Services Manager
Andre, Bob - Operations Manager
Arbogast, Cory - Process Engineer
Arnett, Mike - Operations Manager
Atkins, Bradley - Director of Engineering
Babineaux, Josh - Design Engineer
Ballweg, John - Vice President
Bandura, Nick - Plant Engineer
Bankson, Dennis - Project Manager
Barnes, Ralph - VP/Engineering Manager
Barton, Steve - Quality Engineer
Bedwell, Don - Engineering Manager
Behrendt, Kurt - Engineering Manager
Bengele, Brad - Engineering Manager
Benko, Maxwell - Manufacturing Engineer
Bennick, Ken - Director of Engineering
Benning, Michael - Process Engineer
Berg, Eric - Engineering Manager
Berghoff, Cindy - Quality Manager
Bilbrey, Terry - Engineer
Blaas, Peter - Plastics Engineer
Blair, Cameron - Engineering Supervisor
Blank, William - VP Engineering
Bly, Ted - Sales / Engineering
Bodey, Dale - Engineering Manager
Borgerson, Brent - Process Engineer
Botta, Mike - Senior Engineer
Brandecker, George - Sales Engineer
Brickley, Mike - Process Engineer
Brizzolara, Frank - Engineering Manager
Brooks, Russ - Engineer
Brown, Nathan - Estimator
Bruce, Mike - Production Manager
Brunner, Erin - GM
Buckles, Gary - Toolroom Manager
Buckley, Keith - Programs Manager
Buckley, Andrew - Program Engineer
Burchett , Denton - Lead Engineer
Burns, Jim - Quality Engineer
Camp, Joe - Engineering/Quality Manager
Campbell, Mike - Improvement Engineer
Campbell, Joe - Design Engineering Manager
Caparco, Dino - Engineering Operations Manager
Carlson, Ryan - Process Improvement Engineer
Champagne, Shawn - Project Manager
Chenoweth, David - COO
Clark, Bob - Engineering Manager
Clear, Chris - Product Engineer
Collins, Pat - Molding Operations Mgr.
Coolidge, Russ - Engineering Manager
Corner, Dave - Manufacturing/ Engineer
Cothran, Bonnie - Controller
Crawford, Steve - Blow Molding Engineering Manager
Crum, Lyle - Engineering Manager
Cunningham, Kevin - Engineering Manager
Custard, Savannah - Plastics Project Engineer
Czekalski, Leo - Engineering Manager
Daggett, Shane - Sales Engineer
Davis, Mike - Quality Manager
Dawson, Matt - Manufacturing Engineer
Dean, Doug - Process Engineer
Deckard, Troy - Process Engineer
Dedrick, Bob - Tooling Supervisor
DeMars, Bruce - Engineering Manager
Derner, Eric - Engineer/Project Management
Dhanapal, Vick - VP of Engineering
Donald, Brian - Quality Manager
Drewes, David - Engineer
Dunbar, Ed - Engineering Manager
Dworshak, Jeremy - Engineer
Egly, Mickey - Molding Process Technician
Elliott, Robby - Quality Manager
Faustich, Rick - President
Fejlstad, Ken - VP Engineering
Fictum, Mike - Engineer
Finney, Pat - Engineering Manager
Forrestal, Chuck - Quality Manager
Franklin, Greg - Mold Designer
Gareis, Bill - Engineering Manager
George, Steve - Professional Engineer
Gillon, Ryan - Process Engineer
Gorrell, Jerry - Engineering Manager
Graybill, Rusty - Process Engineering Manager
Grillo, Mark - Scientific Molding Manager
Gross, Shawn - Engineering Manager
Halleck , Mike - Lead Engineer
Hamdy, Omar - IT Manager
Hardesty, Rodney - Vice President of Engineering
Hastillo, Dave - Manufacturing Engineer
Hatchett, Woody - Lead Tech
Heidenfeld, Ryan - Sr. Processing Engineer
Hire, Randall - Manufacturing Engineer
Hoeppner, Cory - Process Engineer
Holmes, Brian - Toolmaker
Holop, Rick - Tooling Supervisor
Horlings, Brian - IT/IS Coordinator
Horvath, Art - Director of Engineering
Howard, Brain - Manufacturing Engineer
Hukill, Mike - Assistant Manager
Jamieson, Alex - Engineering Manager
Johnson, Steve - Operations Manager
Juda, Mike - Tool Room Manager
Judd, Christopher - Director of Quality
Justice, Ron - Operations Manager
Karpinski, Joe - Tooling Manager
Katen, Ryan - Owner
Kelso, Valerie - Engineer
Kent, Rob - Assembly Coordinator
Kieffer, Gary - VP of New Product Dev.
Klemmer, Karen - Director of Quality
Knott, Errol - Production Engineering Team Lead
Kreider, Paul - Safety, Risk and Training Manager
Kuchler , John - Engineer
Lanman, Jim - Quality & Engineerig Director
Larson, Letha - Engineering Manager
Lechuga, Oscar - Member of Technical Staff
Letzgus, Robert - Technical Manager
Lewis, Scott - QA/Engineering Mgr.
Lindsay, Todd - Injection Molding Engineering Manager
Manning, Dan - Engineering Manager
Maple, Shawn - Design Engineer
Mashino, Dave - Engineering Manager
Massaro, David - Molding Engineer
Matthews, Tim - Process Engineer
Maurer, Wayne - Quality Manager
McCue, Joel - Design Engineer
McLean, Jodie - Training Coordinator
McNulty, Dan - Manufacturing Manager
Melancon, Stephen - MEG Supervisor
Mickletz, Harry - Process Mechanic & Backup Supervisor
Miller, John - ToolRoom & Maint. Manager
Minnis, Tom - Design Engineer
Monnin, Vince - Production & Engineering
Morefield, Tim - Technical Director
Moser, Greg - Engineering Manager
Mueller, Jochen - Automation Controls
Mumau, Blair - Program Manager
Nelson, Matt - Vice President
Newman, James - Sr. Process Tech
Ngo, Toai - Engineering Manager
Nienhuis, Chris - Sr. Design Engineer
Nino, Juan Carlos - Engineering Manager
Notestine, Dan - Process Engineer
Nowicki, Kate - Controller
Nylaan, Larry - Engineering Manager
Oender, Musa - Process Engineering Manager
Ogburn, Pat - Manufacturing Engineer
Panagiotis, Sam - Process Engineer
Patel, Sriraj - Director of R&D
Peirce, Tracy - Engineering
Perkins, Stephen - Value-Added Dept. Manager
Peterson, Keith - Lead Process Engineer
Portone, Rick - Process Engineer
Pringle, Dale - Operations Manager
Procunier, Eric - Product Development Engineer
Prymek, Rick - Engineering
Pryomski, Rob - Director of Engineering
Raidmae, Mart - Director Engineering and Tooling
Reiser, Barry - Project Manager
Richardello, RC - Quality Engineer
Rieckers, Rodger - Training Manager
Robinson, Nate - Engineering Manager
Rodriguez, David - Information Technology Director
Rogers, Eric - Manufacturing Engineer
Rooks, Ben - Automation & Maintenance Engineer
Rough, Cory - Director of Engineering
Rukvina, Keith - Engineering Manager
Rusch, Brian - Project Engineer
Sanford, Douglas - Process Engineer
Sangrey, Justin - mold maker
Sauber, John - V.P. - Engineering
Schram, Scott - Mfg Engineer
Schwend, John - Tooling Engineer
Seedorf, Dave - Engineering Manager
Severa, Ray - Engineering Manager
Showers, Greg - Director Engineering & Quality
Smith, Jerome - Engineering
Smithson, Bob - Engineering Manager
Soto, Alex - Process Technician
Spaulding, Jim - Mfg Eng Manager
Spraetz, Erich - Technology Director
Spray, Jason - Graphic Designer / Safety Specialist
Stapleton, Greg - Engineer Manager
Stephens, Dan - Senior Plastics Engineer
Stover, Ray - NPI Manager
Tash, Joe - Q.A. & Safety Director
Tharp, Jesse - Vice President of Engineering
Trace, Mike - Tooling Engineer
Trisch, Matt - Engineering Manager
Uhlar, Jacque - Process Engineer
Utterback, Bob - Engineering Manager
Van Wye, Gary - Q. A. Techician
Vaughn, Doug - Tech Dev. Engineer
Wadzinski, Craig - Project Engineer
Washington, David - Lead Tech
Wesseler, Neil - Engineering Manager
Whirledge, Bruce - Manufacturing Engineer
Whitfield, Marc - Sr Project Engr
Williams, lindsey - Director of Design and Product Dev.
Wisley, Eric - Technician
Wisniewski, Scott - Engineering Manager
Witchey, Glen - Process Technician
Woods, Steve - Process Engineer
Yurkewicz, Mike - Engineering Manager
Zumbrun, Dan - Manufacturing Manager
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