Plant/Ops

Create a New Topic in Plant/Ops
View all Plant/Ops Topics

Latest Forum Topics

NLRB Rules against Employee Status for Menard's Drivers : Nov 22nd - A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in violation of the National Labor Relations Act (“Act”).[1] The underlying action was originally submitted to the NLRB in August 2016 by Local 153, Office & Professional Employees International Union, AFL‑CIO, alleging that Menards was in violation of Section 8(a)(i) of the Act. The basis of the alleged violation was that Menards’ delivery drivers were misclassified as ICs rather than employees and that the hauling contracts contained mandatory arbitration clauses limiting the putative employees from filing class actions and/or claims for unfair labor practices with the NLRB. Menards is the business of selling home improvement merchandise from its 300/plus stores located throughout the United States. In addition, Menards offers delivery services for its customers purchasing its store merchandise by contracting with hauling contractors, ICs, to ultimately deliver the merchandise while Menards arranges the delivery and handles the payment from the customer. The Administrative Law Judge (“ALJ”) reviewed the Complaint by evaluating whether the delivery drivers were indeed ICs for purposes of applicability under the Act per Section 2(3). The “ALJ” used the ten (10) factor test established by the United States Supreme Court in determining employee versus IC classification.[2] Through testimony and briefs filed by both parties, it was revealed that Menards utilized three (3) types of hauling contracts with its ICs: 1) one where the ICs provide their own truck with a forklift/crane; 2) one where ICs provide their own forklift truck and Menards provides the trailer; and 3) IC makes deliveries using a box truck/van. It was also disclosed that some ICs operate their own truck while others have multiple trucks and their own employees operating the trucks and some made deliveries for other companies besides Menards. Ultimately, the ALJ went through the various facts relating to Menards’ operation and its interaction with the ICs, and determined by an overwhelming majority that the drivers were independent contractors and not employees. In making such a determination, the ALJ reasoned that: 1) that the ICs had the balance of control over the work; 2) that the ICs were involved in a distinct business; 3) that the ICs supplied the instrumentalities of work; 4) that the ICs had the right to terminate the contracts on short notice; 5) that the ICS were paid by the ‘job’; 6) the parties believed the nature of the relationship to be that of an independent contractor; and 7) that the ICs had meaningful entrepreneurial opportunity as they could provide services for multiple companies and sell their own business. The only factor that weighed in favor of employee status was the ‘level of skill required to perform the services’. The ALJ opined that there was not enough evidence on the record, such as training or CDL requirements, to make a determination of the level of skill required to perform such services. Since the ALJ determined the drivers to be independent contractors and not employees, the drivers did not qualify for protections under the Act and the complaint was dismissed. The ALJ did not even address the issue surrounding the enforcement of the arbitration clause in the hauling contracts. The ruling in this decision is a win for the IC model which has been continuously under fire by unions, and state and federal agencies attempting to undermine the long‑established business model. The decision took into account several facts/factors common to motor carriers operating with ICs. The analysis by the ALJ provides a road‑map for others to compare against their IC agreements and more importantly, their operational actions. If you need assistance or have questions about your agreements/operations, please feel free to contact Richard Plewacki at rplewacki@beneschlaw.com or Matthew Selby at mselby@beneschlaw.com [1] Menard, Inc. & Local 153, Office & Prof'l Employees Int'l Union, Afl-Cio, Case 18-CA-18121 (2017) (not reported in Board volumes). [2] Nationwide Mutual Insurance Co. vs. Darden, 503 U.S. 318 (1992).
Comment

House of Representatives Passes Legislation Limiting Joint-Employer Liability : Nov 15th - On November 7, the House of Representatives voted to pass a bill that would reverse the National Labor Relations Board’s (“NLRB”) ruling in Browning-Ferris Industries, 362 NLRB No. 186 (2015), that greatly expanded joint employer liability for business. Under Browning-Ferris, the NLRB held that a company that has “indirect” or “potential” control over the employees of another company may be considered a joint employer of those employees. That decision is currently on appeal before the D.C. Circuit Court of Appeals. Notwithstanding the outstanding appeal, the House passed the Save Local Business Act 242-181 with eight Democrats crossing the aisle to vote in favor of the Save Local Business Act. Representative Bradley Byrne introduced the Act in the House to combat the significant changes in the joint employer analysis caused by the broad ruling in Browning-Ferris. The bill was co-sponsored by 123 Representatives, including three Democrats. The Save Local Business Act would amend Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) and Section 3(d) of the Fair Labor Standards Act (29 U.S.C. 203(d)) by clarifying when a person or company is a joint employer. A person would qualify as a joint employer under the Save Local Business Act if the person “directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over essential terms and conditions of employment.” Such terms and conditions explicitly include “hiring employees, discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, or administering employee discipline.” The Save Local Business Act returns the joint employer analysis to the pre-Browning-Ferris standard. Prior to Browning-Ferris a company only qualified as a joint employer if it exercised “direct and immediate control” over another company’s employees, but Browning-Ferris broadened that joint employer standard to determine that any company that possessed “reserved and indirect control” over another company’s employees – even if not actually exercised – could qualify as a joint employer. This new standard significantly altered the determination of when a company qualified as a joint employer, particularly in – but not limited to – franchisor-franchisee or contractor-subcontractor relationships. The Save Local Business Act seeks to codify the prior standard that direct and immediate control over essential terms and conditions of employment is necessary to qualify as a joint employer. Under the Save Local Business Act, determining common marketing or operation strategies would not extend employer liability to an independent entity responsible only for these overarching general strategies or policies. For example, a franchisor or parent company directing its franchisees or subsidiaries to follow consistent promotions or uniform and appearance policies would not qualify as a joint employer under the Save Local Business Act, but arguably would under Browning-Ferris. Similarly, a construction company overseeing a project involving multiple contractors and subcontractors would not qualify as a joint employer under the Save Local Business Act simply because it set a general schedule for when certain components of the project should be completed, although such an arrangement may result in exposure to joint employer liability under Browning-Ferris. The Save Local Business Act will now move to the Senate where the support of at least eight Democrats will be needed to avoid a filibuster in that chamber of Congress. For more information on this topic, please contact a member of Benesch's Labor & Employment Practice Group Peter Kirsanow at pkirsanow@beneschlaw.com or 216.363.4481. Adam Primm at aprimm@beneschlaw.com or 216.363.4451.
Comment

PTO Accruals : Nov 13th - We are currently reviewing our PTO accrual levels and I'm curious as to what other companies are offering for PTO (what years of service do accrual rates change and what accrual rates are offered). I've looked on the MAPP website for information, but haven't been able to find anything. If anyone knows of a document that has been published about this, I would love to know where it is located! Thanks! Jen
Comment

2000 ton press time needed : Nov 12th - Projecting a need for 2000 ton press time in April 2018. Should be 3 releases per year and each release should be a 3 day run. Resin will be a carbon filled nylon or PPS. Please contact Andy at avartanian@geminiplastics.net Andy
Comment

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited : Nov 2nd - On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The Department announced that once the appeal is docketed, the Department of Justice will file a motion with the United States Court of Appeals for the Fifth Circuit to hold the appeal in abeyance while the Department revisits the Final Rule and undertakes further rulemaking. The Final Rule was set to be effective on December 1, 2016. Over 55 business groups and 21 states challenged the Final Rule by filing actions, which were consolidated, in the United States District Courts in Texas. State of Nevada v. United States Department of Labor, No. 4:16-cv-731; Plano Chamber of Commerce v. Acosta, No. 4:16-cv-732. On November 22, 2016, Judge Mazzant granted the State Plaintiff’s Motion for Preliminary Injunction, thereby enjoining enforcement of the Final Rule on a nationwide basis. The Department filed a notice to appeal the injunction, but the Department did not actively defend the Final Rule after President Trump took office. Also pending before Judge Mazzant was Business Plaintiff’s Motion for Summary Judgment regarding the validity of the Final Rule. On August 31, 2017, the judge issued an opinion and order holding that the Final Rule was unlawful. Judge Mazzant concluded that the Department did not have the authority to use solely a salary-level test to affect changes to the overtime exemption of employees functioning in bona fide executive, administrative, or professional capacities. According to Judge Mazzant, it was Congress’ intent to exempt from overtime pay employees who perform “bona fide executive, administrative, or professional capacity” duties. Thus, the Department had to also consider the duties of employees employed in bona fide executive, administrative, or professional capacities in making changes to the availability of the exemption. A few changes that the Final Rule, now invalid, would have made if enacted include: (1) an increase of the annual salary threshold for an overtime exempt position to $47,476; (2) an automatic updating mechanism that adjusts the minimum salary level every three years[1]; (3) the use of nondiscretionary bonuses to satisfy up to 10% of the general salary threshold (if incentives were made on a quarterly or more frequent basis); and (4) an increase of the annual highly compensated employee’s salary threshold from $100,000 to $134,004. Looking Forward: Employers should note that the Final Rule will not take effect for now but should seek counsel regarding this issue. Given that the DOL will be conducting further rulemaking, the Final Rule likely will not survive as written. We will continue to monitor developments on this issue and provide an update. For more information on this subject, please contact a member of Benesch's Labor & Employment Practice Group. Peter Kirsanow at pkirsanow@beneschlaw.com or 216.363.4481. Nancy Chawla at nchawla@beneschlaw.com or 216.363.4549. [1] Because the Court determined that the Final Rule was unlawful, the Court also held that the automatic updating mechanism was unlawful.
Comment


Group List

Abshire, JR - Molding Manager
Acevedo, Julio - Set-Up Technician
Adair, Robert - Operations Manager
Adkins, Mill - Changeover / Tool Repair Manager
Adkisson, Rick - Director, Manufacturing Strategic Projects
Ahnen, Randy - Project Manager
Alvarado, Sam - salvarado@pmtinc.com
Arquette, Tom - Chief Operating Officer
Bancroft, Bruce - Production Manager
Barkalow, Walt - General Manager
Barnes , Dan - operations
Barratt, Brian - Molding Manager
Barrington, Kelly - Operations Manager
Bartle, Carl - Plant Manager
Bartlett, Hosea - Plant Manager
Basko, Walt - Tooling Manager
Battin, Marcus - Production Scheduler
Bauman, Mike - General Manager
Beavers, Chuck - Project Manager
Beifus, Jim - Operations Manager
Bellerose, Bruce - Senior VP of Operations
Bentley, Danielle - Medical Molding Manager
Berg, Bob - Director of IT
Bitts, Sean - CMO
Bjork, Darren - Vice President
Blair , Mike - Supply Chain Manager
Blanco, Carlos - Materials Manager
Blue, Don - Plant Manager
Bonecutter, Doug - Director of Operations
Boss, Tyler - Operations Manager
Branam, Virgil - Business Unit Manager
Branson, Cathy - QS Quality Analyst
Brider, Chuck - Operations Manager
Briggs, Richard - BM Manufacturing Engineering Manager
Brinson, Jeff - Lead Area and Maintenance Manager
Brown, Wendy - Materials Manager
Brown, Butch - Tooling Mgr
Bryant, Phil - General Manger
Buckley, John - Director of Manufacturing
Buechner, Jeremy - Operations Manager
Burton, Dallas - Production Manager
Burton, Dwaine - Production Manager
Campbell, Mike - Improvement Engineer
Campbell, Chuck - Production Manager
Campos, Jerry - Operations Manager
Cardwell, Mike - Lean Captain/Training Manager
Carinci, Joseph - Plant Manager
Carney, Tim - Production Manager
Caruso-Stueck, Lynn - Director of Operations
Carver, Matt - Operations Manager
Chabukashvili, David - Executive VP Operations & Marketing
Chmela, Brad - 2nd Shift Supervisor
Christopherson, Gary - Project Manager
Clawson-Palfi, Jane - Director of Operations
Collins, Troy - Shift Supervisor
Conlon, Paul - Plant Manager
Contadeluci, Pete - Process Engineering Manager
Costner, Dan - Plant Manager
Cregeen, Doug - Scheduling Manager
Creigmile, Jeff - Operations Manager
Curry, Bryan - Director Operations
DaMore, Mike - Plant Manager
Daugherty, Darlene - Occupational Safety and Health Tech
Davis, Brian - VP of Operations
Davison, Tony - Production Control Manager
Dawson, Jacob - Operations and Purchasing
Debord, Kenny - Operations Manager
Deckard, Curt - Operations Manager
Delarber, Dennis - Production Manager
DelNero, Eric - Manufacturing Engineer
Deufel, Kerry - Tooling and Facilities Manager
Devick, Sam - Project Mgr/Quality
Diaz, Trey - IT Systems Administrator
dixon, bruce - plant manager
dixon, bruce - plant manager
Doetsch, Keith - Operations Manager
Dreese, Dustin - Blow Molding Plant Manager
Ducedre, Paul - Operations
Duffard, Jay - Planning and Analysis Supervisor
Dunton, Doug - Assistant Shift Supervisor
Dye, Dan - General Manager
Eguchi, Yogi - Operations
Elchynski, Rob - Operations Manager
Ely, Chris - Safety & Lean Manager
Emmons, Eric - Production Supervisor
Esparza, Hidalgo - Plant Manager
Evans, Mike - Operations Manager
Everett, Christopher - Production Manager
Ewing, Mike - Ops Mgr
Fedewa, Aaron - Manufacturing Manager
Ferrante, Dan - Operations Manager
Fine, Quinn - Process Tech
Flores, Roberto - General Manager
Foret, Mica - Administrator
Fouch, Shannon - Program Engineer
Fournier, Clement - N/a
Friedrich, Charlene - Inventory Manager
Frye, Russ - Production Manager
Frye, Rod - General Manager
Fullerton, Mike - IT Systems Administrator
Gaal, Gwen - Plant Manager
Gaar, Carolyn - Production Manager
Gagnon, David - Ops/Plant Manager
Gallagher, Joe - Safety & Training Coordinator
Garcia, Jose - Plant Manager
Gardener, Gary - Shift Lead
Godfrey, Troy - Plant Manager
Golub, Jon - Senior Manager of Continuous Improvement
Grala, Jason - Vice President
Granados, David - Master Scheduler
Granados, Carlos - Process Engineering Manager
Grigowski, Gary - VP/Plant Manager
Grimm, Phil - Production
Groves, Tony - Mold Mgr
Hagmeier, Jeff - Plant Manager
Hahn, Ken - President
Hale, Eric - Plant Manager
Hall, Adam - Tooling Manager
Hall , Greg - Molding Supervisor
Hammel, Keenan - Mfg Engineering Manager
Harbit, David - Co-President
Harris, Jim - Plant Manager
Haupert, Michael - Production Molding Manager
Hayden, Jennifer - Office Manager
Heatherly, Mark - OPS Manager
Hebert, Michael - Lead Shift Supervisor
Helms, Tony - Production Manager
Henderson, Terry - operations
Henderson, Troy - Production Supervisor
Hendrix, Miranda - Administrative Assistant
Henry, Tim - Manufacturing Manager
Hensley, Shae - Production Manager
Hernandez, Domingo - Plant Manager
Hibbert, Ed - Plant Manager
Hiday, Joe - Production Manager
Highley, Travis - Assistant Production Manager
Hough, Brandon - General Manager
Houle, Joe - Plant Manager
Huber, Michael - Operations Manager
Huffman, Erin - Admin
Hummel, Mike - Plant Manager
Ignacio, Rafael - Director of Operations
Jackson, Shane - Mold Shop Manager
James, Keith - Continuous Improvements Manager
Janda, Scott - Operations Manager
Johannsen, Brian - Plant/Production Manager, Operations Manager
Johns, Tommy - Molding & Assembly Plant Manager
Johnston, Charles - Operations Manager
Jones, Ryan - Director Operations JPW
Joslyn, Brian - VP of Operations
Kadlubar, Jerry - Production Manager
Kardas, Randy - Plant Manager
Karki, Adarsh - Production Analyst
Karr, Phillip - General Manager
Karstens, Mark - Technician
Keating, Beccy - Plant Manager
Keeler, Chip - Director of Molding & Finishing
Keena, Patrick - Plant Manager
Kreger, Bill - Plant Manager
Krumrei, Pamela - Plant Manager
Kuecherer, Kent - Plant Manager
Kyser, Jeremy - COO
LaCroix, Jim - Operations Manager
Ladoski, Ed - Secondary Operations Manager
Larson, Jamie - Molding Manager
Lay, Nathan - Plant Manager
Ledbetter, Matt - Manufacturing Manager
Lehman , Annette - Manufacturing Manager
Leopold, Dale - General Manager AOBP
Les, Michal - Assistant Shift Supervisor
Lider, Susie - Continuous Improvement Team Lead
Little, Joseph - Plant Manager
Maas, Mike - Molding Manager
Macino, Pat - Tooling Manager
Madero, Rodolfo - Plant Manager
Marks , Carey - Operations
Marquette, Myles - Vice President
Martin, Dori - Production Improvement Coordinator
Martinez, Nick - Materials Manager
McDonald, Scott - Maintenance Manager
McKee, Ray - Director of Manufacturing
McMartin, Jeff - Plant Manager
Miller, Jim - Project Manager
Miller , Chris - Operations
Miller, Trisha - Safety Coordinator
Miller, Stan - Manufacturing Manager
Milroy, James - Production Manager
Mitlyng, John - V.P.
Montgomery, Bruce - Engineering Projects Manager
Moon, Dorin - Director of Operations
Moore, Shaughn - Ops Mgr
Moore, Mike - Demand Manager
Moore, Shaughn - Operations Manager
Morehouse, Randy - Product Development Mgr
Moreno, Alvaro - Production Manager
Morrison, Mark - COO
Morse, Allison - System Admin
Mravik, Reuben - LPO/HSE
Muggli, Darrin - Facilities Manager
Mussel, Gene - Operations Manager
Myers, Durintay - Production Supervisor
Najar, Reuben - Plant Mgr
Neary, Cathy - Plant Manager
Nielsen, Joel - Production Manager
Nighenhelser, Vern - Senior Operations Manager
Nunez, Dan - Operations Manager
Olsen, Curtis - VP Operations
Olson, Greg - Supervisor
Osborne, Natalie - Plant Manager
Osborne, Josh - Operations Manager
Ottinger, Chris - IT Manager
Palma, Eddie - Plant Manager
Palmeri, Mark - Plant Manager
Parrish, Steve - Manufacturing Manager
Paulins, Brett - Director of Operations
Paulins, Shannon - Production Control Manager
Pauls, Greg - Production Manager
Pavilca, Mike - VP Operations Finance
Person, Undecided - Attending 3
Person , Undecided - Attending 2
Peschke, Christopher - Operations Manager
Peterson, Andrew - OPS
Phair, Roberta - Injection Molding Supervisor
Phillips, Tim - Toolmaker
Pigg, Todd - IT Manager
Pikul, Matt - Technician
Piper, Charles - EHS Manager
Plaster , Jason - Manufacturing Manager
Pohjola, Steve - Plant Mfg Mgr
Poor, Keith - VP of Operations
Poplicean, Ryan - Medical Production
Prejean, Mesha - Systems Analyst
Priest, Joey - Director of Operations
Pulliam, Al - Manager, Environmental Health & Safety
Randolph, Tony - Operations Manager
Reeves, Joshua - Material Coordinator
Reilly, Scott - Continuous Improvement Leader
Revell, Gabe - Continuous Improvement Manager
Rhodes, Jake - Process coordinator
Rhodes, Scott - Material Supervisor
Richardson, Alesha - Production Manager
Rigby , Loretta - Finishing Supervisor
Riggs, Ryan - Plant Mgr
Rivers, Eric - Production Manager
Robson, Joe - Materials Manager
Robson, Joe - Materials Manager
Rolfsson, Fredrik - Plant Manager
Rosenberg, Rhonda - Molding Manager
Ross, Derek - Production Manager
Rothe, Charly - Director of Lean
Ryan, Cindy - Training Specialist
Rybicki, Tom - Director of Operations
Sacheli, Rick - Production Manager
Sake, James - Molding Manager
Salls, Steve - IM Molding Manager
Salls, Steve - Injection Molding Plant Manager
Sandeen, Robert - Production Manager
Santos, Andy - VP - Operations
Sargent, Jerry - Vice President
Sawyer, Thomas - IT/EH&S Technician
Schelling, Ben - Manufacturing Manager
Schlatterer, Steve - Production Lead
Schmidt, Steven - Vice President of Manufacturing
Schneider, Andy - Production Manager
Schwanke, Deborah - Operations
Schwarz, Craig - Plant Manager
Scott, Mat - Blow Molding Production Manager
Seals, Bob - General Manager
Serrano, Javier - CI Engineer
Shaar, Gus - General Manager
Shab, Mike - General Manager
Shearin, Mike - Production Manager
Shissler, Thomas - Mold Manager
Sikonia, Bob - Director of Engineering & Molding / Validations
Silence, Michelle - Production Manager
Silva, Tony - Shift Supervisor
Skingel , Rob - N.A.
Smallwood, Dillon - Production Mgr
Smith, Glenn - Plant Manager
Smith, Jim - VP Operations
Smith, Ken - Plant Manager
Smith, Allen - Plant Manager
Smith, Tim - Safety Coordinator
Sneed, Jeff - Director of Manufacturing
Soling , Harry - VP of Operations
Solowey, Scott - VP Operations
Sprabary, Jimmy - Production Manager
Stack, Jeff - Plant Manager
Stantz, Greg - Production Manager
Stevens, Jacob - Process Engineer
Stitcher, Kelly - General Manager
Stoikes, Judy - Materials Manager
Stone, Gary - VP of Operations
Summers, Susan - Office Manager
Swank, Jon - Materials Supervisor
Teague , Patrick - Safety Manager
Therriault, John - Director of Manufacturing
Tilmont, Craig - Sr Project Manager
Tippery, Mike - Director of Manufacturing
Tipton, Darren - Molding Manager
Torres, Juan - Plant Manager
TULL, RUSSELL - MANAGER, MOLDING OPERATIONS
Turner, Johnny - Production Manager
Turner, Ray - Molding Manager
undecided, person attending - .
Undecided, Person - ,
Undem, Kevin - Molding Manager
Valenti, Shawn - Production Supervisor
Vercauteren, Timothy - Warehouse Manager
Verdigets, Chris - Manager, Production and Technical Groups
Villa, Leonel - Production Manager
Wagers, Brady - Value Stream Manager
Walker, Rogon - Vice President Operations
Wallace, David - Molding Manager
Warren, Gary - Plant Manager
Weber, Jason - Schedule coordinator
Welhener, Carl - Operations Manager
Wendt, Bruce - Vice President of Operations
Whittaker, David - Production Supervisor
Wigton, Brett - IT Administrator
Wilke, Will - Production Manager
Williams, Durwood - Operations Manager
Williams, Joe - Vice President Operations
Williams, Don - Director of Manufacturing
Williams, Brant - Production Supervisor
Wingham, Roger - Plant Manager
Winstead, Terry - Plant Manager
Winters, Timothy - Group Leader
Wirth, Bob - Operations Manager
Wittler, Keith - Corp Technologies Manager
Wood, Shonda - Warehouse Spvsr
Wray, Dan - Manufacturing Engineer
Wuest, Jason - Operations
Yochim, Chris - VP of Operation
Ziegenhorn, John - Asst. Shift Supervisor
Zirkle, Vince - Plant Manager
Not a member? Join now!
username:   
password:   
Remember Me
Forgot Your Password?

Read the latest print edition of Plastics Business on your desktop, smartphone or tablet. It is a free download at Apple's Newsstand and Google Play.


Managed by plastics business leaders, MAPP is the only organization that works to provide plastics manufacturers with bottom line impacting programs & services. Learn More »


RJG, Inc.
©2017 Manufacturers Association of Plastics Processors