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Facebook posts, text message damage accident-prone driver’s discharge claim

The Environmental Protection Agency will be remembered as a favored tool for President Obama to wield his brand of executive authority, most recently demonstrated in sweeping Clean Power Plan (note page 8) and Waters of the U.S. proposals sure to cost consumers and business what critics estimate will be tens if not hundreds of billions of dollars. Right behind the EPA will be the National Labor Relations Board, which has indulged a union-friendly White House through such measures as a rule mandating workplace display of posters detailing employees’ rights to representation; adoption of representation case procedures enabling “ambush” elections; and, reinterpretation of long-held standards for what constitutes a bargaining unit.

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Teachable moments, cautionary tales from FTC Lafarge, Holcim review file

Last month’s merger forming LafargeHolcim Ltd. expedited transfer of more than $1 billion in cement, concrete and aggregate production and distribution assets in the U.S. and Canada. The Federal Trade Commission justified a decision and order on the sale of those properties per Section 7 of the Clayton Act, a century-old law augmenting the Sherman Act of 1890. It prohibits mergers if “in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly,” FTC notes.

 

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