National Retail Federation

NCCR Co-Hosts Food Safety Summit

NCCR joined the organizers of the annual Food Safety Summit in co-hosting the 2006 Expo and Conference, held March 22-24 at the Mandalay Bay Resort and Convention Center in Las Vegas . This year's conference featured prominent speakers in food safety, including Dr. Temple Grandin, noted professor in animal science at Colorado State University . Dr. Richard Raymond, undersecretary for food safety at the U.S. Department of Agriculture, also addressed attendees. This year's conference featured dozens of breakout sessions on numerous topics of interest to food safety professionals. In addition, conference attendees, which numbered several hundred, had plenty of opportunities to network with industry colleagues at receptions, as well as in the Expo Hall, where well over one hundred exhibitors showcased the latest scientific and technologic advances in food safety.

NCCR's Food Safety Task Force hosted its first meeting of 2006, presided over by Task Force Chairman Robert Doyle of CBRL Group, at the Expo and Conference. Task Force members discussed issues of common concern, including animal welfare, refrigeration issues, and avian influenza. The Task Force also elected a chairman, Mike Starnes of Denny's, for its Fall meeting. That meeting will be held October 16-18, in conjunction with NCCR's Annual Membership Meeting, at the headquarters of McDonald's in Oak Brook , IL . Agenda items will include peer to peer discussions of best practices, presentations on state food codes, infectious diseases and liability, and more discussion of avian influenza. One of the key benefits of Task Force participation is its tradition of offering opportunities for food safety peer interaction in an environment free of solicitation from vendors. NCCR Members are encouraged to have their food safety and quality assurance professionals participate in this dynamic, substantive group.

Next year's Expo and Conference will be held March 6-8 at the new Washington Convention Center in the nation's capital. For more information on the 2007 Food Safety Summit, visit www.foodsafetysummit.com .
Senate Immigration Debate Roller-Coaster Yields Partisan Spat, Compromise Possible?

Undertaking debate of one of the most complex and controversial issues of this year's legislative session, the Senate made significant progress in late March and early April towards producing legislation to reform the nation's complicated immigration laws. Work began in early March, when the Senate Judiciary Committee, led by Chairman Arlen Specter (R-PA), held three weeks of markup sessions in an effort to forward a bill to the Senate floor for debate. The House of Representatives passed enforcement-only legislation (H.R. 4437) last December, despite opposition from NCCR and the business community that such an approach is short-sighted, unfair to employers, and fails to address looming workforce shortages in the service sector that will result from labor force demographic shifts.

The legislative process in the Senate has been marked by near-continuous back and forth between Senate Majority leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Specter. Sen. Frist introduced his own bill (S. 2454) as an alternative to the Judiciary Committee product in mid-March. The Frist measure is enforcement-only, similar to the House-passed bill, lacking any provisions for a guest worker program or a path to legal residence for the estimated 11-12 million undocumented workers already in the U.S. The Judiciary Committee Chairman has consistently supported these workforce regularization provisions, which have been actively sought by the business community. Sen. Frist, in an effort to put pressure on Sen. Specter, set a March 27 deadline for the Committee to complete work on an immigration package, which the Committee met in a last minute breakthrough the morning of the 27th . With the support of all Committee Democrats and five Republicans – Chairman Specter, Sen. Mike DeWine (R-OH), Sen. Lindsey Graham (R-SC), and Sen. Sam Brownback (R-KS) – the Committee voted 12-6 to advance to the Senate floor language similar to that originally introduced (S. 1033) by Sens. John McCain (R-AZ) and Ted Kennedy (D-MA). In a huge victory for the business community, the Committee-approved bill includes both a temporary guest worker program and a path to legal residence for the current undocumented workforce. Under the Committee bill, undocumented workers who have been employed in the U.S. since before January 7, 2004 could sign up for a six-year temporary worker program after paying a $1000 fine. These individuals could also elect to pursue U.S. citizenship if they so choose, but would have to wait until the six-year temporary work visa expired before they apply. In addition, they would have to pay another $1000, show they have learned English, pay all back taxes, and pass a background check. The citizenship process, which would not be guaranteed, would take on average another five years. Moreover, no undocumented worker who applied for citizenship through this process would be permitted to obtain a green card, which confers legal residence status, until all other pending legal applicants for green cards had been processed.

The guest worker provisions of the Committee bill would create a new, three-year temporary visa program that could be renewed once for another three years. The visa program would be capped at 400,000 per year, which could change in later years based on prior year's use. Employers would have the option to petition for a green card for an employee hired under the temporary visa; otherwise an employee could, after four years in the temporary visa program, petition for a green card on his own behalf. The Committee rejected several amendments offered during deliberations that would have required foreign workers to return home to his or her country of origin before applying for either program, a notion which NCCR and the business community has vehemently opposed on grounds that it would discourage the current undocumented workforce from coming out of the shadows to participate in the program.

Despite earlier promises to substitute his own bill (S. 2454) with the product passed by the Committee, Sen. Frist, in an unusual procedural move, decided to “dual-track” both bills, creating a complicated process for debate on the Senate floor. The Senate was originally slated to begin floor debate on the immigration bills on March 28, but other issues delayed the start of the debate. Debate finally began on March 29, but negotiations continued behind the scenes between factions that supported the Committee bill, and those who wanted a requirement that participants in a temporary guest worker program must return home before being allowed to join the program. Little progress was made on the Senate floor during the first several days of debate. Meanwhile House supporters of an enforcement-only approach continued to threaten conference demise of any Senate bill that included guest worker provisions. House Speaker Dennis Hastert (R-IL), on the other hand, made comments signaling openness to consideration of such provisions. The President continued his push for a comprehensive approach, with border enforcement, a temporary guest worker component, and a path to legal residence for undocumented workers already in the U.S.

Republicans struggled to find compromise within the two factions of their caucus regarding how to deal with the estimated 11-12 million undocumented population in the country. With only one week remaining before Congress was scheduled to adjourn for the two-week Easter Recess, talk began to surface of a compromise brokered by Senators Mel Martinez (R-FL) and Chuck Hagel (R-NE). Under their compromise, which was based on earlier legislation introduced by Sen. Hagel, a three-tiered system would be established. People who had been in the U.S. longer than five years would be permitted to remain in the country while seeking legal resident status. Those who had been here more than two years, but less than five years would be required to apply for legal status from one of 16 “points of entry,” along the U.S. border. And those who had been in the U.S. two years or less would have to return to their home country.

Despite apparently reaching a deal on the substance of a bill, the two parties continued to fight over procedure. Conservative Republicans who do not support the compromise demanded to be allowed to offer numerous amendments designed to pare back the measure. Democrats, on the other hand, sought to limit the number of amendments that would be allowed, in addition to seeking assurances from Republicans that the substance of the deal would not be gutted in the upcoming conference committee with the House of Representatives. With both sides at an impasse on procedure, and with time having run out for votes, the Senate put action on the compromise on hold until after the two-week Spring recess.

It is unclear at this stage whether the Senate will complete action on an immigration bill when they return from recess. The Senate Judiciary Committee plans to revisit the compromise language on April 27, with plans to report the bill back to the Senate floor on May 4. However, the same disputes over procedure are likely to surface again after the recess. Both political parties blame each other for failure to reach agreement prior to the recess, and the rhetoric over the last two weeks has only gotten worse. Fortunately, there remains a committed group of Senators, perhaps a majority, on both sides of the aisle, who vow to press ahead in seeking compromise.

For more information, contact Scott Vinson, NCCR Vice President of Government Relations, at 202-661-3059, or vinsons@nrf.com .

Immigrant Rallies Lead to Staffing Shortages

Rallies in support of immigration rights and reform were held in some 120 cities around the country on April 10, and were attended by hundreds of thousands of immigrants and their supporters. Dubbed a national “Day of Action for Immigrant Justice,” the events caused major staffing shortages at service sector employers across the nation on that day, including at several company-operated and franchised chain restaurants. One NCCR member company reported having to shut down restaurants for lack of workers.

The rallies, organizers say, were prompted in protest to the “enforcement-only” immigration reform bill (H.R. 4437) passed by the House of Representatives last December. NCCR strongly opposed that measure as woefully inadequate to address the issue of immigration reform and employers' needs for access to an available workforce. The House bill would elevate unlawful presence in the U.S. to an aggravated felony, effectively rendering the estimated 11-12 million undocumented individuals in the country as felonious criminals. Demonstrators demanded Congress act on comprehensive immigration reform legislation with a path to permanent residency and eventual citizenship for undocumented workers already in the U.S.

NCCR encouraged our members to proceed with caution when weighing whether to terminate employees who failed to report to work while attending the rallies. NCCR General Counsel Jim Coleman advises that such activity may be protected under the National Labor Relations Act, even for employees that are not covered by a collective bargaining agreement. Some NCCR member companies took an accommodating approach to employees who expressed a desire to forgo reporting to work in favor of participating in the rallies. They urged employees to select one or two co-workers to attend the rallies and serve as a representative of their co-worker colleagues. Other employers expressed their solidarity with their workers, many of whom are immigrants, showcasing their support for comprehensive immigration reform and urging workers to help their employers by coming to work.

More rallies and demonstrations are expected on May 1, and several NCCR member companies are concerned that they will be even larger than previous events, causing further staff shortages and forcing employers to shut their doors that day. NCCR is monitoring this situation and gathering information on steps our member companies are taking to avoid severe staff shortages. Any information your company is willing to share regarding these efforts is encouraged.

For more information, contact Scott Vinson, NCCR Vice President of Government Relations, at 202-661-3059, or vinsons@nrf.com .

NCCR Expresses Concerns with Employee Verification Requirements in Immigration Bills

NCCR urged Congress to use caution in establishing a new employment verification system under immigration reform legislation being debated in the Senate, saying proposals to expand a troubled pilot program could cause multiple problems for employers. Though provisions relating to guest worker programs have been in constant flux as Congress continues to debate immigration reform, the issue of employee verification has remained a part of all plans that have been circulated.

"We are gravely concerned about proposals ... that impose a mandate on business to participate, but not a mandate on the government to provide a functioning system,” NCCR and 15 other trade associations said in a letter to House and Senate lawmakers.

NCCR is a founding member of the Essential Worker Immigration Coalition, which drafted the letter. Coalition members said any new employment verification system should give employers clear guidance of their responsibilities, provide for effective but fair penalties for non-compliance, and provide safe harbors for employers in compliance. The program should also have a series of "benchmarks of efficiency" that must be met by the government at each step as additional employers are added to the system, the letter said. The program should be limited to new hires, and the government should provide resources to pay for "this expensive new mandate on business," the letter said.

Of key interest to NCCR is a proposal that would expand the 10-year-old "Basic Pilot Program" for employment verification, making it mandatory for all U.S. employers. The program allows employers to either go on-line or place a telephone call to check whether a would-be worker is a U.S. citizen or has the proper legal documentation to work in the United States . The program has been in operation on a pilot basis since 1996, but only 3,600 of the nation's estimated 8.4 million employers have participated, and those that have joined have reported numerous delays, errors, inconveniences and other problems.

Under the House version of the proposal passed in December, employers would be required to use the new program for new hires and also would be required to re-verify the status of existing employees, with fines of up to $25,000 for violations. A version sponsored late last month by Senate Judiciary Committee Chairman Arlen Specter would limit the program to new hires and set fines of up to $4,000. A third version is included in legislation sponsored by Senate Majority Leader Bill Frist, and yet a fourth is in the latest Senate compromise offered by Senators Chuck Hagel and Mel Martinez.

For more information, contact Scott Vinson, NCCR Vice President of Government Relations, at 202-661-3059, or vinsons@nrf.com .

Sen. Kennedy Threatens More Attempts to Hike Starting Wage

Sen. Ted Kennedy (D-MA) in early April joined former Senator and Vice Presidential nominee John Edwards (D-NC) in calling for an increase in the federal minimum wage. Kennedy promised to attempt to attach minimum wage hike amendments to legislation as it is debated on the Senate floor, although he did not specify which bills he would target for his amendment. Calling minimum wage a “moral issue,” Kennedy and Edwards showcased a placard symbolizing the 100,000 signatures gathered during a recent Edwards-sponsored campaign to raise the wage. Last year 50 Senators, including every Democrat and six Republicans, joined in supporting a Kennedy amendment to the bankruptcy bill. The Kennedy bill would increase the starting wage from $5.15 an hour to $5.65 upon enactment, then to $6.75 a year later, and then to $7.25 a year after that.

President Plans to Nominate von Eschenbach FDA Commissioner

Aiming to fill a vacancy left by former FDA Commissioner Lester Crawford, who resigned suddenly in September 2005, President Bush plans to nominate Andrew von Eschenbach to the position, who has served as acting Commissioner since last year. Von Eschenbach would become the third person to serve in the position since Bush took office. Dr. von Eschenbach is a urology surgeon and currently serves as director of the National Cancer Institute.

NRF NEWS

Save on Registration for NRF's Loss Prevention Conference
More than 2,600 executives from the LP community will gather in Minneapolis for the National Retail Federation's 2006 Loss Prevention Conference and Exhibition. The three-day event, June 5-7 at the Minneapolis Convention Center, will offer attendees the opportunity to connect with the leaders in loss prevention, asset protection and risk management through more than 40 engaging sessions and forums, 10 networking events and an exhibit hall featuring products and technologies from more than 200 suppliers. Attendees will have the opportunity to hear from Mike McCurry, Partner, Public Strategies Washington, Inc., who will, offer a candid, insider analysis of current national and world events, politics, the press and the presidency, foreign policy and of the always-charged world of the White House and Washington D.C. during his keynote speech.
Mark Your Calendar for the Spring 2006 Human Resources Executives Council Meeting
Mark your calendar for the Spring 2006 meeting of the NRF Human Resources Executives Council (HREC), May 4, 2006 at the National Retail Federation in Washington, DC. The event will kick-off with a meeting of HR executives from the National Council of Chain Restaurants (NCCR) and a dinner for both NRF and NCCR executives on Wednesday, May 3. Agenda items to be covered during this meeting include immigration reform, planning of the 2006 HR and Employment Law Executives Summit and a full afternoon of roundtable discussion. Contact either Dan Butler at butlerd@nrf.com or Wendy Penn at pennw@nrf.com for more information.
State Health Care Mandates: Anti-job, Anti-Business and Anti-Consumer
Over thirty state legislatures have introduced legislation imposing health care mandates on retailers. This legislation sets a bad precedent by unduly singling out the retail industry and will do nothing to address the real challenge facing retailers: rising health care costs. NRF's Tax on Jobs Coalition is closely monitoring the action in the states and working with our state retail and national association partners to defeat this dangerous legislation. To review a bill matrix, which details the current situation in the state s where this legislation has been introduced, visit the NRF Members Only website.
Diversity Matters : Now Available on NRF Members only website
NRF's quarterly newsletter about diversity issues is now available for download from the members only area of the NRF website. This month's issue introduces readers to the Council on Diversity's new chairperson and includes two timely articles, 'Top Issues Facing Consumer Goods Organizations' and 'Mighty is the Mongrel', which gives one diversity professional's overview on the future of diversity.

MARK YOUR CALENDARS!

NCCR/NRF Human Resources Executives Council Meeting
May 3-4, 2006, NCCR/NRF offices, Washington, DC

National Retail Federation's 71st Annual Washington Leadership Conference
May 16-17, 2006, Washington, DC

NCCR Fall Membership Meeting
October 16-18, 2006, McDonald's Corporation, OakBrook, IL

For information or copies of materials regarding any of the above issues call NCCR at (202) 626-8183.