General

Activist shareholders from across the ideological spectrum have increasingly influenced public companies’ proxy ballots, and the Securities and Exchange Commission has unlawfully become their willing partner. That’s why the NAM has moved to intervene in a court case on the matter.

What’s going on: The NAM yesterday filed a motion to intervene in a case challenging the SEC’s authority to compel manufacturers to use their proxy ballots to speak about divisive social and political issues that are unrelated to a company’s business or long-term value.

• If granted intervenor status, the NAM will argue that the SEC’s rules requiring companies to include activist proposals on the proxy ballot violate federal securities law and the First Amendment.

The background: An activist group that holds shares in Kroger Co. sought a shareholder vote on a proposal to have the grocery chain issue a public report concerning its equal opportunity employment policy.

• Kroger sought permission from the SEC to exclude the proposal from its proxy ballot, which the SEC granted. The group has sued the SEC, accusing the agency of acting in an inconsistent and politically motivated manner.

Why it’s important: Though the SEC rejected this proposal, the agency often requires companies to publish shareholder proposals it deems to have “broad societal impact.”

• The NAM’s motion to intervene argues that the SEC’s requirement that companies publish and respond to these proposals is a violation of the First Amendment’s prohibition on government-compelled speech.
• Furthermore, federal securities law does not permit the SEC to dictate the content of company proxy statements, so the agency’s politicization of corporate governance has unlawfully federalized issues that have traditionally been governed under state corporate law.

Unnecessary—and increasing: Forcing manufacturers to take political positions on their proxy ballots drives up costs for the companies and draws needless and unwanted controversy, the NAM says. Yet, the number of activist proposals on proxy ballots is only growing.

• “In total, 682 shareholder proposals were filed for annual meetings being held through May 31,” The Wall Street Journal (subscription) reported.

How we got here: The NAM has been urging the SEC to prioritize the needs of long-term shareholders over activists’ agendas for many years.

• The NAM opposed the SEC’s guidance requiring companies to include most environmental and social proposals on their proxy ballots.
• It also urged the agency not to move forward with a proposed rule limiting companies’ ability to exclude activist proposals.

The last word: “The corporate proxy ballot is not the appropriate venue for policy decisions better made by America’s elected representatives, and manufacturers are regularly caught in the middle as activists on the left and the right bring fights from the political arena into the boardroom,” said NAM Chief Legal Officer Linda Kelly.

• “The NAM Legal Center is standing up for manufacturers to ensure they can focus on growing their businesses, driving economic expansion and job creation and creating value for shareholders.”

​​​​​​​NAM in the news: POLITICO (subscription) and Bloomberg (subscription) covered the NAM’s legal efforts.

Manufacturers nationwide are taking steps to ensure a supportive and respectful workforce that values the varied talents and backgrounds of all employees. nVent—a manufacturer of electrical connection and protection solutions—believes that inclusion and diversity initiatives have the potential to positively impact every piece of its business.

Inclusion and diversity has been a priority for nVent since it became a public company in 2018. By identifying strategic initiatives for its inclusion and diversity efforts, nVent has become a thought leader in the electrical manufacturing industry. Five years later, those initiatives have become a comprehensive strategy that is embedded in the company’s operations.

“We may not always have the answers,” said Chief Inclusion and Diversity Officer Laura Brock, “But we want to make sure we create an opportunity for progress and share the resources we have developed with our customers and partners to drive inclusion in our industry.”

A comprehensive strategy: nVent’s strategy is built around four pillars designed to promote inclusion and diversity throughout the company, according to Brock and Inclusion and Diversity Manager Jasmin Buckingham.

• Employees: From recruitment onward and throughout the employee lifecycle, nVent ensures that inclusion and diversity is part of every employee’s experience.
• Communities: nVent strives to be “a good citizen” in its community by promoting shared economic growth through multiple avenues—including philanthropy. It has made inclusion and diversity a central aim of these efforts.
• Customers: The company supports a diverse range of customers in the electrical industry and works to meet all customers where they are.
• Suppliers: nVent is focused on supplier diversity, which promotes engagement, growth and innovation through diverse business relationships.

Read the full story here. 

A power line and wind farm project first conceived in 2006 finally received a critical permit this month—a perfect example of why we need permitting reform, according to The Wall Street Journal (subscription).

What’s going on: “The Interior Department’s Bureau of Land Management gave the green light [last] Thursday for a high-voltage power line [in the SunZia project]. The permit allows the developer, Pattern Energy, to build the country’s largest wind energy project across three counties in rural New Mexico and deliver that electricity to large markets in Arizona and California.”

• Developers applied for federal approval in 2008, and the Obama administration “fast-tracked” the project four years later.
• Pattern Energy plans to start construction later this year.

Why it’s important: SunZia is emblematic of a flawed system, one which President Biden and legislators are now trying to fix, according to the Journal.

• “The labyrinthine state, local and federal permitting processes are often drawn out for years, require duplicative paperwork and generate thousands of pages of government analysis. The average federal environmental review, for example, takes 4½ years, according to a 2020 White House report.”
• Earlier this month, the White House recommended changes it said would help speed the approval of transmission projects.

What they’re saying: “‘The White House doesn’t have a prayer of implementing the infrastructure bill or the [Inflation Reduction Act] without permitting reform,’ said Rep. Garret Graves (R., La.), a lead Republican negotiator in the debt-ceiling talks. ‘And anyone who’s actually out there trying to build things will tell you that.’”

What we’re doing: The NAM has been one of the foremost voices urging permitting reform on Capitol Hill.

• NAM President and CEO Jay Timmons recently testified before Congress on the topic and outlined manufacturing priorities for overhauling the permitting process.
• At another recent congressional hearing, NAM Vice President of Energy and Resources Policy Brandon Farris told legislators, “Streamlining and modernizing our nation’s permitting laws and procedures will help us advance many of our nation’s shared priorities, improving the quality of life for all communities; modernizing our infrastructure; achieving energy security; ramping up critical mineral production; enhancing manufacturing competitiveness; and creating manufacturing jobs in the U.S.”

Why is China winning the electric-vehicle production race? Because it controls or dominates every step of the process of making EV batteries, according to The New York Times (subscription).

What’s going on: “Despite billions in Western investment, China is so far ahead—mining rare minerals, training engineers and building huge factories—that the rest of the world may take decades to catch up.”

• Rare minerals: China owns the majority of the cobalt mines in Congo—where most of the world’s supply of the metal sits—and it controls most of the world’s lithium mining.
• Refining: “Regardless of who mines the minerals, nearly everything is shipped to China to be refined into battery-grade materials.”
• Components: China produces more EV batteries than any other country, which it managed “partly by figuring out how to make battery components efficiently and at lower cost.”
• Final products: China boasts the most EVs on the road of any nation, and almost all of them use batteries made domestically.

Why it’s important: Now, eight years after the Chinese government instituted policies to bar foreign competitors from the EV market and increase consumer demand, “the Biden administration … [is] pursuing a similar strategy to foster battery development in the United States. But in a business with huge capital costs and thin profit margins, Chinese companies have a big head start after years of state funding and experience.”

Most people are satisfied with their jobs, according to a Washington Post–Ipsos poll about what workers want, The Washington Post (subscription) reports.

What’s going on: Following the pandemic and the Great Resignation, “about 8 in 10 workers are satisfied with their jobs, even as over 6 in 10 say work is stressful,” according to the survey of 1,148 workers ages 18 to 64.

• “While desire to work from home is a priority for some workers, pay, having a good boss or manager and other aspects of a job rank higher.”

Key takeaways: The poll had several notable findings, including the following:

• People prize remote work: Four in 10 respondents said their jobs can be done remotely. “Desire to work outside the office is high among remote-capable workers, with about 7 in 10 saying they’d choose to work from home “all of the time” (37 percent) or “most of the time” (35 percent).”
• Pay and bosses matter: “When asked to rank the most important factors in a job, 45 percent put pay in the top slot. Having a good boss comes in second, with 14 percent of workers ranking it as the most important.”
• The Gen Z difference: Gen Z and younger millennial workers prize promotion and advancement opportunities more highly than do their older counterparts.
• Friends at work: Some 55% of respondents said they have “close friendships” with coworkers.

The stress factor: “Stress varies sharply by age, with Gen Z workers the least likely to say their jobs are stressful (43 percent), compared to 61 percent of younger millennials 27-to-34 years old, 67 percent of 35-to-49-year-olds and 66 percent of workers 50-to-64 years old.”

The NAM is a meeting place like no other, where manufacturers of all sizes and sectors gather to make the industry stronger. Recently, along with its partner CONNEX Marketplace, it invited manufacturing leaders to D.C. for high-level discussions about supply chain challenges.

The big picture: This meeting came at an exciting time for CONNEX. Formerly known as Manufacturers Marketplace, the program pivoted in 2022 to combine state-specific installations with the national platform and become a more powerful SaaS.

• Connecticut launched its own version of the CONNEX platform back in February, thanks to the support of the CBIA (a state business association and NAM partner) and the state’s chief manufacturing officer, Paul Lavoie—who discussed some early success stories at the D.C. event.
• “In the first two weeks, more than 200 companies joined, significantly more than the state’s most optimistic projections,” according to a Hartford Business Journal piece—and Lavoie told the paper he expects signups to blow past 750 in the first year.
• Meanwhile, Kentucky is also getting in on the action. The Kentucky Association of Manufacturers (also an NAM state partner) recently launched its own CONNEX Marketplace installation, which was announced by the governor. KAM CEO Frank Jemley also came to D.C. for the meeting, bringing his own success stories.

Talking the talk: The leaders in D.C. focused on how manufacturers can improve security and resiliency in the supply chain. They also discussed how local and state governments can ease supply chain challenges for businesses.

Security: As the participants observed, the key challenge is “illuminating risk” inside the supply chain, so that companies know what they’re facing.

• They discussed the many types of risks involved in supply chains, including cybersecurity, financial, business continuity, capacity and more.
• What’s next: CONNEX is working to integrate technology that will identify and highlight potential risks in a company’s specific supply chain.

Cooperation: The supply chain functions (or doesn’t) on the strength of manufacturers’ cooperation, from the largest companies to their smallest suppliers.

• Furthermore, competition is not company vs. company, but supply chain vs. supply chain, the participants agreed.
• Small manufacturers might benefit from a coach or guide to walk through the sourcing process so they understand how to remain resilient and competitive, one attendee recommended.
• What’s next: CONNEX is working on a playbook that entities such as manufacturing extension partnerships can use to help coach SMMs through the procurement process.

Progress: Executives from CONNEX reported more than 4,000 suppliers were connected to buyers in 2022, while the platform hosted 396 separate “postings” from manufacturers looking for specific parts or supplies.

The NAM will host another forum this fall where manufacturers will tackle supply chain issues. Contact NAM Senior Director of Member Business Services Anna Chongpinitchai for details. 

Immigrants helped fill worker shortages last year, providing 60% of workforce growth according to Bureau of Labor Statistics data, reports Bloomberg Government (subscription).

The data: “Roughly 1.8 million foreign-born workers joined the labor force in 2022, compared with 1.3 million native-born ones, according to Bureau of Labor Statistics data published Thursday.”

• “The nation’s nearly 31 million immigrant workers now make up 18.5% of the labor force, close to a record-high share and above pre-Covid levels.”

Filling the gap: Immigrants are taking more roles in industries experiencing labor shortages, as compared to before the pandemic.

• “Almost 10% of immigrant workers had jobs in construction last year, up from 9.1% in 2019, according to the BLS. The share of foreign-born workers in health-care support occupations also increased.”

The NAM says: “With over 800,000 job openings in manufacturing over the past 12 months, manufacturers know immigration is an essential part of the workforce solution to build a stronger, more competitive America, and that’s why the NAM is unrelenting in leveraging every opportunity to advance our immigration plan ‘A Way Forward’ with key Hill and administration leaders and the press,” said NAM Director of Human Resources and Innovation Policy Julia Bogue.

Energy Secretary Jennifer Granholm supports the Mountain Valley Pipeline, a natural gas project in Appalachia that would provide clean energy “where there’s huge demand for power”—and she defended her position at POLITICO’s energy summit in Washington last week, according to POLITICO (subscription).

What’s going on: “Granholm endorsed the pipeline in a recent letter to the Federal Energy Regulatory Commission,” POLITICO reports.

• At the event, she followed it up by saying, “We know that there is a real desire to have energy security in areas where there’s huge demand for power. We also know that we have got to accelerate investment in clean [energy].”

Why it’s important: Granholm’s support for the pipeline and her comments—which were disrupted by protestors who ran toward the stage shouting their opposition—“underscore the Biden administration’s balancing act in meeting its goals of ending carbon pollution from fossil fuels while acknowledging the continued role of the oil and gas industry in the economy.”

Helping allies: The U.S. has large supplies of natural gas, Granholm told the audience, and it “is going to be ‘a friend’ to its allies,” many of whom have moved away from Russian gas in response to that country’s invasion of Ukraine last year.

The last word: “The NAM supports an all-of-the-above energy approach, including traditional fuels, such as U.S. natural gas,” said NAM Vice President of Energy and Resources Policy Brandon Farris.

• “The proposed Mountain Valley Pipeline is a critical part of our energy future as natural-gas production strengthens energy access for manufacturers while generating billions of dollars in new investments, benefiting local communities and creating well-paying jobs.”
• “The NAM recently hosted Department of Energy Assistant Secretary of Fossil Energy and Carbon Management Brad Crabtree for a NAM-member briefing on manufacturer priorities and followed up by reaffirming the NAM’s support of U.S. natural gas production and exports.”

G7 leaders are focusing on “de-risking,” but not “decoupling” from China, they said in a joint statement covered by CNBC.

The details: “We are not decoupling or turning inwards,” the statement said. However, “we recognize that economic resilience requires de-risking and diversifying.”

• “We will seek to address the challenges posed by China’s non-market policies and practices, which distort the global economy,” the leaders continued. “We will counter malign practices, such as illegitimate technology transfer or data disclosure.”

Biden concurs: President Biden echoed these sentiments at a press conference on Sunday, emphasizing the need to “diversify” supply chains so that no one country has a monopoly on any essential product.

• “It means resisting economic coercion together and countering harmful practices that hurt our workers,” he continued. “It means protecting a narrow set of advanced technologies critical for our national security.”

In sum: “We stand prepared to build constructive and stable relations with China, recognizing the importance of engaging candidly with and expressing our concerns directly to China. We act in our national interest,” the G7 statement said.

NAM in action: As exemplified by its recent Competing to Win Tour in Europe, the NAM is working to bring business and government leaders together to strengthen the resilience of manufacturers in the United States and our democratic allies in the face of greater uncertainty with respect to China.

The last word: “Manufacturers have consistently called for a rethink of the U.S.–China relationship to boost competitiveness globally,” says NAM Vice President of International Economic Affairs Ken Monahan.

• “The strategy requires collaborating with allies for supply chain resilience, addressing discriminatory Chinese policies and creating trade openings through robust agreements. Yesterday’s announcement highlights the path ahead.”

A record number of employee drug tests are showing positive results for marijuana, The Wall Street Journal (subscription) reports, as legalization becomes more prevalent.

The numbers: “Of the more than 6 million general workforce tests that Quest screened for marijuana in 2022, 4.3% came back positive, up from 3.9% the prior year. That is the largest marijuana positivity rate since 1997.”

More alarming: As many tests can pick up marijuana use from days or weeks prior, a positive test doesn’t necessarily indicate impairment on the job. However…

• “The percentage of employees that tested positive for marijuana following an on-the-job accident rose to 7.3% in 2022, an increase of 9% compared with the prior year.”
• “From 2012 to 2022, post-accident marijuana positive test rates tripled, tracking with widening legalization.”

On the positive side: “Positivity rates last year for certain classes of opioids and barbiturates declined.”

The legal tangle: Differing marijuana regulations across the U.S. have created a headache for employers trying to enact workplace policies.

• That’s why the NAM’s Legal Center hosted a panel on marijuana policy at its first Manufacturing Legal Summit back in November.

Interested in learning more? The next NAM summit, which convenes in-house counsel from manufacturing companies as well as outside experts, will be Nov. 6–7 in Washington, D.C. Registration has just opened, and you can sign up here.