Additional Wins for Manufacturers in 2019:
- Reversing overbroad collective bargaining interpretations by the National Labor Relations Board
- Limiting the power of federal agencies to change the law without fair notice
- Protecting vertical mergers that enhance efficiency and transparency
Fights That Matter
The most important legal fights can take years to resolve. The MCLA remains vigilant to win the fights that matter as it tackles tough and diverse issues in court:
Promoting a Vibrant Manufacturing Workforce
Protecting a STEM-Educated Workforce
The NAM intervened in a lawsuit to defend a federal program that allows for the employment of hundreds of thousands of skilled workers for manufacturers. Known as “STEM OPT,” the program allows STEM-educated students to remain and work in the United States for up to three years after completing their education. A labor group is seeking to invalidate the entire program by suing the U.S. Department of Homeland Security.
Safeguarding H-4 Spousal Work Permits
Ending work permits for spouses of certain H-1B visa holders awaiting green cards—called H-4 spouses—would rapidly remove 91,000 individuals from the American workforce. It would also imperil the vital H-1B visa program. That’s why the MCLA filed an amicus brief urging the U.S. Court of Appeals for the D.C. Circuit to protect these H-4 work permits. By working with the Department of Homeland Security and through the courts, as well as through Congress, on immigration issues, the NAM takes a multipronged approach that other organizations can’t match.
Dreamers
The MCLA filed an amicus brief with more than 140 other organizations and businesses calling for the Supreme Court to uphold the Deferred Action for Childhood Arrivals program. The Supreme Court’s decision will determine the future of more than 800,000 Dreamers living in the United States.
Standing Against Public Nuisance Suits
The NAM filed amicus briefs in two federal appeals courts and the U.S. Supreme Court to oppose misguided efforts to impose “public nuisance” liability on energy manufacturers. Several cities and the state of Rhode Island have sued energy companies over climate change. The federal courts that have ruled on the merits have dismissed the claims. In the plaintiffs’ appeals, the MCLA filed amicus briefs explaining how Supreme Court precedent forecloses such lawsuits and that climate change is a shared challenge properly addressed by innovation and legislation.
Preserving Tax Incentives for Exports
The NAM sued to challenge a federal regulation that strips manufacturers of a congressionally mandated tax incentive to increase domestic manufacturing and exports. The regulation at issue involves “duty drawback”—the refund of taxes, duties or fees paid on imported goods when the same or similar goods are exported. A recent federal rule disallows drawback claims for distilled spirits, wine, beer and other products. The NAM’s lawsuit seeks to invalidate the rule and require a replacement rule that reflects Congress’ clear intent in allowing such claims.
Supporting the Free Trade of Energy Products
The NAM has fought back in multiple cases against states seeking to obstruct pipelines and shipping routes that keep manufacturers in business. Manufacturers depend on the trade and transportation of energy products, and the pipelines that make it all possible create jobs for manufacturers across the country.
Manufacturers’ Accountability Project
Special interest groups—including trial lawyers, public officials, deep-pocketed foundations and activists—are focused on undermining manufacturers in the United States through groundless tort litigation and taxpayer-funded, politically motivated investigations. The NAM helps empower our members to fight back and set the record straight through the Manufacturers’ Accountability Project. Our innovative initiative is countering the misinformation campaigns by these special interest groups and protecting the ability of all manufacturers to continue to grow and provide millions of jobs to working Americans.
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Manufacturers’ Compliance Institute
Compliance issues are complicated. That’s why our award-winning Manufacturers’ Compliance Institute provides legal and regulatory compliance guidance to NAM members through partnerships with top-tier law firms, giving our members free access to the best possible legal assistance as they navigate their compliance obligations. No matter the size or sector of your business, our experts can help you navigate the compliance process and make the best decisions for your company and employees.
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