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U S M X 2 0 2 1 A N N U A L R E P O R T / 2 9 2 0 2 1 R E P O R T O F C O U N S E L NATIONAL LABOR RELATIONS BOARD (NLRB) In February 2021, the General Counsel rescinded twelve (12) NLRB memoranda that had been issued by the prior administration covering such topics as the legality of employee handbooks, union culpability in duty of fair representation cases, instructions for deferral to arbitration, standards for neutrality agreements, the handling of one-party recorded evidence, and the rights of workers who do not want to join unions or to pay union dues. These were the first of many anticipated pro-employee actions by the NLRB and its General Counsel on behalf of the Biden administration. In September 2021, the NLRB General Counsel issued General Counsel Memorandum GC 21-06 directing the NLRB Regional Offices to seek the full range of remedies available when determining compensation for employees and unions subjected to unfair labor practices under the National Labor Relations Act. This represents a marked departure from current NLRB remedies, which generally are limited to back pay. The Memorandum includes examples of additional remedies, such as health care expenses caused by an unlawful termination of health insurance and compensation for credit card late fees incurred or for the loss of a home or a car caused by an unlawful discharge. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) COVID-19 Vaccination and Testing In September 2021, the Biden administration announced that OSHA was preparing an Emergency Temporary Standard (ETS) that would require all private sector employers with 100 or more employees to ensure that their workforce is fully vaccinated or require unvaccinated employees to provide a negative COVID-19 test result at least once a week before arriving at work and to wear face coverings. The ETS became effective for six months upon publication in the Federal Register on November 5, 2021, but it was immediately beset by legal challenges in various federal courts that resulted in the imposition and then liMing of a stay. At year end, the ETS was scheduled for oral argument before the Supreme Court of the United States. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) Hazmat Training Deadline Extension As a result of the pandemic, maritime industry employers and training providers throughout the nation were unable to provide the required recurrent HAZMAT (3-year refresher) training. In late 2020, PHMSA suspended enforcement against any employer engaged in the maritime transportation of hazardous materials that was unable to provide recurrent training in a timely manner and provided a mechanism for employers to join in a special permiOing process that allowed multiple employers to seek a further extension of time to December 31, 2020 to provide the required recurrent HAZMAT training. All participants were required to submit a plan to the PHMSA that outlined how they intended to address their recurrent HAZMAT training backlog and come back into compliance with PHMSA regulations. During 2021, the training deadline was again extended from June 30, 2021, to December 31, 2021. PORT SECURITY/TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC) TWIC Enrollment/Expiration The Transportation Security Administration (TSA) continues to process TWIC applications. As of September 2021, there were 6.326 million TWIC enrollments since inception in October 2007. There were 2.171 million active TWIC cards in use as of September 2021. The TSA implemented its OneVisit Enrollment Program in June 2014 to streamline the enrollment process and to eliminate the need for a second visit to an enrollment center to pick up a TWIC. As of September 2021, there were 2.669 million OneVisit enrollments (92% of all enrollments). In March 2021, TSA implemented the FBI's "Rap Back Service" for active TWIC holders, which allows TSA to review new criminality and potentially disqualifying information on TWIC holders. This enables TSA to revoke TWIC cards for those who are no longer eligible for TWIC. In June 2021, TSA implemented improved applicant notifications. TWIC applicants can now opt in and receive notifications on their status from TSA's enrollment provider. TSA plans to implement an online renewal process for eligible TWIC applicants in early calendar year 2022.

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