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Home   Membership   Expos   Publications   Knowledge Center   Education   Coffee Service   Gov. Affairs July 29, 2011

High Priority:
NLRB proposes changes to rules for union elections

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The National Labor Relations Board proposed rules on June 21 (voting 3 to 1, with Brian Hayes, the only Republican dissenting), to dramatically streamline the process for unions to organize for elections at employer work sites. The NLRB's proposed rules would seriously shorten the period between a union's petition filing and an election to be conducted by the NLRB, limiting an employer's ability to effectively communicate with its employees prior to a vote. The unions have argued that this time period simply allows employers to thwart union-organizing efforts. If the NLRB is successful in its attempt to streamline elections, companies (most especially small businesses) would be deprived of the opportunity to effectively seek legal counsel and to communicate appropriately with their employees prior to a vote. The NLRB's proposed rules would postpone many employers' challenges to the union-organizing process until after elections; remove a 25 to 30 day waiting period between a union's election petition and an election (under the proposed rules, employers reportedly could expect the NLRB to conduct elections within 10 to 21 days after a petition is filed); and require employers to include cell phone numbers and email addresses in the employee lists the employers would provide to the union organizers. For further information on this issue and a compelling brief statement of objections to the proposed rules, please see the attached statement of testimony from the NLRB Rulemaking Hearing on July 18-19 on the proposed new rules.

*** PLEASE TAKE ACTION *** THIS SHOULD BE RECOGNIZED AS "A VERY BIG DEAL" TO EMPLOYERS — NAMA urges all NAMA members (and their families and staffs) to please take action on this issue by promptly contacting their representatives in Congress (in both the Senate and the House of Representatives) and also by contacting the NLRB with opposition to these proposed new NLRB rules. Comments directly to the NLRB are due by Aug. 21.

California: Vending on state property bill to be heard in appropriations committee
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AB 727, introduced by Assembly Member Holly Mitchell, D-Calif., will now be heard in the Senate Appropriations Committee on Aug. 15. The bill will require that, by 2016, 50 percent of products in vending machines on state property comply with the nutritional standards outlined in state law (the bill previously required that 100 percent of products comply by 2016). Current law requires that 35 percent of products in vending machines on state property comply with these nutritional standards. The California Automatic Vendors Council opposed the bill in the Health Committee arguing that the current requirements are adequate and that imposing these restrictions places the vendors at a competitive disadvantage when cafeterias and other food outlets on state owned property will be allowed to continue to sell the same snack and beverage items without the restrictions imposed on vending operators. CAVC will continue to oppose this legislation and encourages all California vending operators to contact their California State Senators and ask them to vote against the bill if it reaches the Senate Floor. For more information contact Sandy Larson at .

Florida: Polk County okays vending machines to boost revenue, add convenience at parks
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Park officials cited consumer convenience and a new source of revenue as the objective of the plan to install vending machines in parks that have thus far not made them available to visitors. The county would receive a share of the proceeds from the sales, which could be used to help to pay for park maintenance. The contract would also include a provision to ensure the machines don't compete with the fundraising efforts of concession stands run by organized leagues. Based on the program's success, park officials said they might consider installing fishing bait and tennis ball venders at some parks in the future. For more information contact Mary Lou Monaghan at

Oklahoma: Among states with too few primary care physicians
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Oklahoma and seven other states — Arkansas, Georgia, Kentucky, Louisiana, Nevada, North Carolina and Texas — will face the toughest challenges when the federal health reform law's new Medicaid eligibility provisions become effective in 2014, according to a study published in The New England Journal of Medicine. The problem in those states, the study says, is that the there are too few primary care physicians. "In the absence of additional efforts, the demand for care by newly insured patients could outstrip the supply of primary care providers in these states," the study states. For more information contact Mary Lou Monaghan at

Massachusetts: Strict new regulations for foods sold in schools
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Massachusetts has approved new regulations that apply to foods and beverages sold through school vending machines, stores and a la carte lines, as well as at events and fundraisers. Most of the new regulations will go into effect in the 2012-2013 school year. Foods that contain artificial sweeteners, trans fats and caffeine, and those that are fried are completely banned from schools. The guidelines also limit the amount of fat, sodium and sugar in school foods. Juices must be 100 percent fruit juice, breads must be made with whole grains, and flavored milk cannot have more sugar than plain low fat milk. Schools will be required to offer fruits and vegetables wherever food is sold, with the exception of vending machines. They must also make water available to students at all times, free of charge, in places where food is sold. Schools will have until the 2013 school year to comply with the ban on sugary drinks and make nutrition information available for all "non-prepackaged" foods. For more information contact Pam Gilbert at

Minnesota: Government shutdown ends after Governor signs budget
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Minnesota Gov. Mark Dayton signed a new budget, effectively ending the nation's longest state government shutdown in the past decade. State employees were given 24 hours notice before reporting back to their jobs, which were suspended when the shutdown began July 1. The state's budget commissioner added that it will take longer to restart some state agencies than others, depending on whether or not partial operations were continued throughout the shutdown. Although Dayton said he is "not entirely happy" with the final budget, he said it was the best option available that would get Minnesota back to work. For additional information contact Kim Radulski at

SEVA: Convention set for Aug. 3-5, 2011
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The SEVA Convention is an annual event for operators and suppliers in the Southeast – come for education, networking, social events and family fun! It will be held Aug. 3-5 at the beautiful Sandestin Resort on Florida's Emerald Coast. Keynote speakers during the three-day event include Joe Theismann, former NFL quarterback, and Brad Bachtelle of Bachtelle and Associates. In addition, there will be a panel on the "Future of Vending," featuring industry leaders Dennis Hogan (CEO of Canteen), Brad Ellis (President of Crane) and Tom Barlow (Senior VP of Vending/Wholesale at Coca Cola Refreshments). Other events include a golf tournament, beach parties, a luau, a volleyball tournament and much more! Please visit to register today. For additional information contact Kim Radulski at

The National Automatic Merchandising Association

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WESTERN OFFICE: 80 South Lake Avenue, Suite 538, Pasadena, CA 91101, Voice: 626-229-0900, Fax: 626-229-0777

Keeping In Touch With NAMA - Legislative Edition
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