A Senate committee last week voted to confirm a prominent labor union attorney as a member of the National Labor Relations Board despite concerns from NRF and others that he might attempt to implement key provisions of the controversial Employee Free Choice Act union organizing bill administratively rather than waiting for Congress to decide whether to pass the measure.

The nomination of Craig Becker was approved 13-10 along party lines by the Senate Health, Education, Labor and Pensions Committee last Thursday. But the nomination won’t become final unless Becker receives confirmation from the full Senate. Majority Leader Harry Reid, D-Nev., has scheduled a vote later today to cut off a Republican filibuster of the nomination, and a vote on the nomination itself will follow if the filibuster is cut off.

Becker has been associate general counsel for the Service Employees International Union since 1990 and a staff counsel for the AFL-CIO since 2004.

With both of those unions strongly supporting EFCA, HELP Committee member Senator Johnny Isakson, R-Ga., said during a hearing on Wednesday that he was concerned by Becker’s “willingness to maintain a balance” on issues that would come before the NLRB.

“Some have expressed concerns that Mr. Becker’s past writings have indicated a belief that the NLRB has the authority to make some of the dramatic changes included in the card check bill without congressional action,” Isakson said.

“If Mr. Becker is confirmed and he imposes aspects of EFCA and his other extreme ideas through NLRB rulemakings and decisions, both worker privacy and our economy could suffer,” the Coalition for a Democratic Workplace, whose legislative committee is co-chaired by NRF, said in a letter to the committee.

“Many of his beliefs would disrupt years of established precedent and the delicate balance in current labor law,” another letter to the committee signed by two dozen business groups, including NRF, said. “We have significant concerns with the Board’s ability to radically interpret existing labor law should Mr. Becker be confirmed.”

In a separate letter sent to the full Senate late last week, NRF asked that senators vote against the procedural vote to cut off the filibuster and against the nomination as well.

“Mr. Becker’s previous writings both as an employee of SEIU and the AFL-CIO and throughout his academic career have demonstrated that his views about fundamental aspects of U.S. labor relations and the role of the NLRB are far outside of the mainstream,” NRF Senior Vice President for Government Relations Steve Pfister said in the letter. “His past commentary includes endorsing radical concepts which unduly favor the rights of labor unions while dismissing employer prerogatives in union organizing campaigns and in the union election process.  The NRF is also concerned that Mr. Becker’s nomination to the Board would result in unproven policies that would dramatically restrict the free speech rights of employers in labor/management relations.”

Committee Chairman Tom Harkin, D-Iowa, voted in favor of Becker’s confirmation but acknowledged that “it has been suggested that you are coming to the board with an agenda.”

Becker denied that he has any plans to use the NLRB seat to circumvent Congress on EFCA.

“The reason the Employee Free Choice Act has been introduced in Congress and that question is before the Congress and not the board is that the (National Labor Relations Act) clearly precludes certification in the absence of a secret ballot election,” Becker said.

“The law is clear,” he said. “The decision as to whether an alternative route to certification should be created rests with Congress, not the board.”

EFCA’s key provision would effectively take way the right to secret ballots in union organizing elections by requiring instead that the NLRB certify a union if presented with union cards signed by 51 percent of workers. The measure would also cut off negotiations over initial union contracts if agreement had not been reached in 120 days and instead require government arbitrators to impose a contract.

The five-member NLRB currently has only two positions filled – Chairman Wilma Liebman, a Democrat, and member Peter Schaumber, a Republican. The nominations of Mark Pearce, a Democrat and union attorney, and Brian Hayes, currently labor policy director for HELP Committee Republicans, were approved by the committee in October but are still awaiting action from the full Senate.

With Republican Scott Brown sworn in Thursday night after winning the seat previously held by the late Senator Edward Kennedy, D-Mass., the GOP now has the 41 votes in the Senate, the number needed to block confirmations and key procedural votes on a variety of issues if all Republicans vote together. Reid said if the GOP attempts to block confirmation votes, President Obama might appoint Becker and other officials during periods when the Senate is in recess. Recess appointments are not subject to confirmation but Becker would be able to serve until the end of next year.

The article above is reprinted from the current issue of Washington Retail Insight, NRF’s weekly e-newsletter covering public policy issues affecting the retail industry.

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With one-fourth of viewers watching the Super Bowl just for the commercials, the stakes for great ads were high this year. Here were the five best Super Bowl ads according to Mike Gatti, executive director of the Retail Advertising and Marketing Association.

5) Snickers.  This commercial has great humor, and then something unexpected happens. Betty White has been making people laugh for decades. How could you not love this?

4) Homeaway.com. How many times have you stayed in a hotel and not had anything near the experience that was promised?  The Griswolds stay at a hotel that’s so bad, even what they think is complimentary water is a farce.

3) Career Builder. This ad took Casual Friday one step further with people coming to work in nothing but their underwear.  Imagine working in a place where people dress so badly that it makes you want to quit your job.  (Aren’t you glad you have Career Builder to help you find a new one?)

2) Dodge Charger. “I’ll do everything you want me to do just so I can drive that car.”  I know a lot of guys who are willing to give up everything else in their lives to get the car they want.

1) Google. This ad shows how to use Google – as if anyone needed to know – but it took you through part of someone’s life from visiting somewhere to meeting someone to moving there to getting married and having a baby. Simple and clean…it shows that it’s all on Google.

We’re waiting to hear…what were your favorites?

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Planning on watching the Super Bowl this Sunday but haven’t done your shopping yet? According to RAMA’s Super Bowl survey, 168 million people will watch the game, spending about 50 bucks each. Expect to be in good company at the supermarket this weekend.

Whether people are looking for bigger tables to hold traditional game fare (chips, dip, wings, pizza, soda) or finally taking the plunge and investing in a bigger, better LCD television, retailers have stocked their shelves and are offering great promotions to make sure the game – and the commercials – are enjoyed in style.

  • For those who skipped the holiday promotions, Best Buy has an array of HDTVs perfect for any budget. According to RAMA research, 3.6 million people are expected to purchase a TV before the big day. It sounds like the Geek Squad will be busy!
  • Kroger will give shoppers money back if they purchase at least 10 specific items, including specific hot dogs, ketchup, chips, pizza, cheese, soda, crackers, dressings and even…chocolates. Talk about perfect game day food!
  • Everything from bottled water to wine to frozen pizza will be on sale up through Sunday night at Safeway
  • For the devoted fans, Modell’s is offering free shipping on all NFL jerseys over $99
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Who will take home the coveted Best of the Best award at the 8th annual Racie Awards Gala on March 3 in San Francisco? While that specific task will be left up to the audience at the Racies, we do know the best ad will come from one of these companies.

With more than 550 entries in 20 categories, it took over a dozen retail marketing executives four days to work through all of the nominations and pare down the retail finalists. This year, the Racies have expanded with new categories including digital/in-store experience, motion design, website experience, social commerce, and mobile apps, so the competition is more diverse than ever.

In addition to the winning companies who have been selected by the judges and will be announced at the awards, Racie attendees will select the winners in seven categories during live voting at the Awards Gala. One advertisement from the evening will be selected as the Best-of-the-Best and the audience will also select one winner from each of these finalists:

Radio
National Thoroughbred Racing Association: “Puppies”
National Thoroughbred Racing Association: “Gym”
Legal Seafoods: “Aqua Blue”
Ehrlich Pest Control: “It’s OK”

Digital Motion
Target: “Art Expands”
Target: “Art Celebrates”
Ralph Lauren: “Rugby MYO Fashion Show”
OfficeMax: “Life is Beautiful”

Outdoor
The Home Depot: “Manhattan Outdoor”
JCPenney Company, Inc.: “Manhattan Joy of Giving”
JCPenney Company, Inc.: “Manhattan Store Launch”
Duane Reade: “NYC Campaign”

TV Ad: Quarters 1-3
Abington Memorial Hospital: “Nurse”
Kohl’s: “Highlighter”
Sears: “Cold Feet”
Office Depot: “Small Business Heroes”

TV ad: 4th Quarter
JCPenney Company, Inc.: “Eyes of a Child”
Wal-Mart: “Christmas Wish”
Toys “R” Us: “Black Friday”
Wal-Mart: “Wal-Mart & Dove Co-Equity, Differences”

Gift Card
The Home Depot: “Augmented Reality”
Best Buy Company, Inc.: “Racing”
Target: “Santa Mouse”
Best Buy Company, Inc.: “Find the Joy”

To be honest, I can hardly wait! Those of you who have ever been to the Racies may echo my sentiments that this is one of the most fun – and hilarious – nights of the year.

Want to be a part of the March 3 festivities and choose which of these retailers will take home the biggest honors? If you’re heading to the Retail Innovation & Marketing Conference, you’re in luck, because one ticket to the Racies is automatically included in your registration. You can also purchase individual tickets for $175 or an entire table of 10 for $1750.

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Macy’s Chairman, President and CEO Terry Lundgren, who also serves as NRF’s Chairman, spoke on CNBC’s Squawk Box this morning about Macy’s January sales numbers, the high-end luxury market, and what it will take to get the consumer buying again. (The short answer? Jobs.)

Watch the interview below.

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Poor old Charlie Brown

Although Brown intellectually knew that Lucy had demonstrated a repeated propensity to whisk away the football at the penultimate moment, leaving him tumbled head over heels, he was ever hopeful that she would hold true the very next time. Charlie Brown just knew that – if he had the opportunity – he could kick the tar out of the ball, through the uprights and on to victory. Poor old, deluded Charlie Brown….

Health reform advocates are feeling more than a little like Charlie Brown these days. Once again, Congress has squandered a substantial pro-reform majority across the country, in effect jerking away the reform football at the last moment. Even in Washington, DC, ground zero for the dreaded and despised lobbying hordes, groups of all political hues and interest stripes had ponied up reform proposals and were negotiating in good faith and comity towards workable reform that would neither bankrupt the country nor strangle retailers and other employers. But, Congress – specifically the current Congressional majority – has blown it. Poor old, deluded health care lobbyists and general public….

Like Lucy’s habit of pulling away the football, Congress has shown a frequent propensity to overreach: to create landmark legislation without the basic pedestal needed to support it. The open question now is whether it is too late for Congress and President Obama to give up on their grandiose ambitions in order to make solid progress towards reducing the cost of health care and coverage. Or, as Larry O’Donnell – the Clinton era Democratic Senate Finance Committee staff director – has opined, health care reform is dead but for bluffing and posturing for the foreseeable future.

We would still like to see that pared down bill that makes solid progress on cost and coverage, but unlike Charlie Brown, we are skeptical that the Congressional majority and the Obama Administration will hold true and help bring achievable reform to a successful conclusion. We’ll hope – perhaps against hope – that our skepticism will be proven wrong.  Hard-fought experience teaches us otherwise.

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With 2010 in full gear, my January highlight was watching about 18,000 of the most influential people in retail descend on the Javits Center for Retail’s BIG Show. Not surprisingly, much of January’s most popular news revolved around those four days the retail community spent together in New York (but that wasn’t everything, so read on).

Since many of you attending the Convention in New York were likely too busy to take it all in – and those of you who weren’t there might find some of the nuggets that we could share helpful – here’s a list of what was hot in retail last month.

NRF information

  • The homepage for Retail’s BIG Show was actually visited more than NRF’s homepage for many days in January, with some of the most popular links on the website for session handouts and Annual Convention blog posts. And apparently the retail community is as excited as we are for NRF’s 100th Annual Convention next year in New York because that site, which launched right after this year’s Convention, saw a ton of traffic. We’ll see you in 2011!
  • The NRF Foundation’s annual ranking of the best retailers for customer service.
  • NRF’s recently-revamped membership page, featuring easy ways for people to learn if their company is a member so they can take advantage of the benefits.
  • NRF’s 2010 economic forecast and the full report of our members-only Retail Sales Outlook written by NRF’s chief economist. The announcement of preliminary holiday sales numbers garnered quite a bit of interest, too.
  • Although it was released with just a few days left in January, RAMA’s annual Super Bowl survey, which gives insight on what retailers can expect in the days leading up to the big game, was tremendously popular.

Blog posts

Top retail news stories in NRF SmartBrief:

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With an incredible amount of consumer research at our disposal, it can be difficult to get our hands around everything that data is telling us. (And we also know that what we find interesting might not be what the retail community will find interesting.) So we’re trying something different.

NRF is experimenting with a company called iCharts to help retailers, service providers and the media leverage our consumer trend data. With these capabilities, anyone can change data parameters, save or print a chart, or even embed a chart onto their own website or blog. (We think it’s fun, but we’re pretty biased.)

We tried this the first time today with the release of our 2010 Super Bowl data, but of course you can still download all of the raw data in case there’s a specific statistic you’re trying to track down. Check back on Monday when we try this again with our Valentine’s Day research. Here are the charts we made for you to play with:

We’d love to hear your feedback on whether this format is valuable for you. Please post a comment with your thoughts, or email me.
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You may have already seen NRF’s announcement that the Law Enforcement Retail Partnership Network is now available, at no cost, to every law enforcement agency nationwide via the FBI’s Law Enforcement Online website. It’s an exciting development that has been in the works for months and should allow retailers and law enforcement to work even more closely together to identify and apprehend criminals.

LERPnetLERPnet was designed to collect major retail crime incident data, such as burglaries, robberies, organized retail crime, cargo theft and other incidents, then share the information online. The system connects traditional competitors and law enforcement agencies at the local, state and federal level using a high-security web interface with links to retail case management systems. Companies can report the theft and include information about suspects, getaway vehicles, and identification numbers of stolen products. In their report, retailers can also include photos and video footage to assist in the detention of and prosecution of criminals.

LERPnet is vendor-neutral. We know retailers use a variety of case management systems, so LERPnet set a goal of collecting data from a variety of sources. Thanks to our technical gurus and several case management system partners, retailers can get cases in the system three ways:

  • Direct Entry: users can enter data directly into the system using a series of friendly web based forms
  • Import: knowing a majority of retailers already capture incident information using Excel, Access or a Case Management program, companies can export case information from their system and upload the data into LERPnet
  • Automatic Feed: LP Software and Wazagua have both developed direct data feeds into LERPnet

Organized theft rings steal billions of dollars of merchandise every year, which victimizes retailers, endangers the safety of retail employees, and raises the price of consumer goods. With this system, retailers are banding together with law enforcement to send a clear message to criminals: You will be stopped, caught and prosecuted for your actions.

The system is free for law enforcement professionals and details about getting signed up can be found at www.lerpnet.com. Spread the word to your law enforcement partners and colleagues.

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I tried to count the number of times I heard retailers talking about iPhone apps, mobile reviews and m-commerce at NRF’s Annual Convention earlier this month, but I lost track once I ran out of fingers. Needless to say, mobile is a huge conversation starter in retail right now with many companies looking at ways to bring in new customers and maximize sales from existing customers through Americans’ love affair with their phones.

So as our colleagues at Shop.org and RAMA prepare for the inaugural Mobile Boot Camp in San Francisco, we reached out to mobile retail expert Mickey Alam Khan, the MBC10_logoeditor-in-chief of Mobile Marketer and Mobile Commerce Daily, for a primer on what’s happening in mobile right now. Mickey and his colleagues at Mobile Commerce Daily have been responsible for much of the content, speakers and agenda for the Boot Camp, so we were interested to hear what Mickey had to say about companies that are doing it right, the best way for newbies to start, and which device he carries in his pocket.

Mickey Alam Khan

Mickey Alam Khan

The key trend we see is an increase in smartphone sales, mobile applications, mobile advertising and SMS for CRM efforts. Consumers understand the value of content, marketing and commerce on web-enabled smartphones and carriers return the compliment with more affordable data plans. Marketers, retailers and agencies are joining the party to make mobile marketing and commerce the flavor of the decade.

Can you think of any low-hanging fruit – or missed opportunities – where retailers could really take advantage of mobile, but aren’t?

Retailers need to launch mobile sites and – where necessary – mobile applications, as fast as they can. They can’t afford to play catch up. The consumer is already ahead of them in mobile web adoption. Retailers also need to quickly launch SMS programs that tie in with their multichannel loyalty and database marketing efforts. Both efforts are not that difficult but require will within retail organizations that are still trying to put this weak economy behind them.

How would you convince a retail executive that their company should leverage mobile opportunities?

The proof is in the pudding. They can read our publications, Mobile Marketer and Mobile Commerce Daily. They can attend events such as the March 2 Mobile Boot Camp. They can talk to their peers and start running pilots. It’s not a question of if, but when for retailers. Absence from mobile will cost them market share just as absence from online and e-commerce cost some skeptics in the early years of the Internet.

What advancements in mobile have most surprised you?

The iPhone’s versatility is simply amazing, as is the Motorola Droid’s and the BlackBerry’s. The iPhone and Android platforms have changed the meaning of the Web forever. Sooner or later, more people nationwide will go online through their mobile devices than their computers. Can you imagine the repercussions of this development for marketing and retailing?

I’m also amazed at how a simple technology such as SMS and short codes can generate quick response in times of emergencies such as the Haiti earthquake relief. SMS is available on all mobile phones, basic and Web-enabled smart versions. Imagine what retailers can do if they use SMS to deliver offers, discounts, coupons, directions and links to landing pages.

Of course, I’m also surprised how most retailers and marketers still need proof that mobile is here to stay when more than 233 million consumers nationwide use mobile phones to run their daily life. If retailers are not on the mobile device, they’re out of the 21st century consumer’s life. Retailers must follow the trail and communicate and sell in the channels with the most influence today: store, online and mobile.

Would you argue that the economy makes mobile more or less relevant?

The economy makes mobile more relevant. Many studies have pointed that the mobile phone is the last thing that consumers will give up if their finances are stretched.

The inaugural Mobile Boot Camp will be held at this year’s Retail Innovation & Marketing Conference. What are you most looking forward to about this crash course in mobile?

I’d like our expert speakers to offer live proof of how mobile can help retailers engage with their customers. It would be great to see the audience convinced of the need to enter mobile and add that medium to the marketing and retail mix, go back to their office, become champions for mobile and submit requests for budgets. Each delay in action is a wasted opportunity and a lost customer.

How can a retailer with a limited budget, or who is just getting started, dip a toe into the mobile retailing world?

Start with SMS, which is ideal to drive traffic to bricks-and-mortar stores. Lease a common short code at the U.S. Common Short Code Registry. Short codes are those five- or six-digit numbers to which you can text keywords. For example, the American Red Cross is asking consumers to donate $5 or $10 by texting the keyword HAITI to their 90999 short code.

Short codes cost $500 per month to lease and $1,000 if it’s a vanity number. For example, President Obama’s campaign short code was 62262, which spells OBAMA. Retailers can use short codes to deliver alerts of store openings, new merchandise, special offers and discounts. They can also send coupons or links to drive traffic to mobile sites.

Next, retailers should work with mobile site developers to create a mobile-friendly website that works on all smartphones. Nothing fancy, but make sure the site has a strong search feature and similar branding elements as the stores and online presence. Also, it should have a store locator function and a section for offers or the latest store circulars. Take that step, learn from customer visits and then graduate to a full-fledged mobile commerce site that allows transactions on the mobile phone itself.

An application is good for retailers with weekly circulars and loyalty programs. It kind of duplicates the mobile site, but those with deep pockets are advised to add an application to site and SMS programs. And of course, don’t forget to run mobile advertising campaigns on mobile sites of publisher properties whose readers match the retailer’s customer demographic. Search campaigns on mobile versions of Google, Yahoo and Bing can complement the mobile ads.

You’re set if you have these elements in place. Make sure the mobile team has at least two to three executives, or tie the mobile team with the online or e-commerce department if budgets are tight.

What’s the difference between mobile marketing and mobile commerce?

Mobile marketing encompasses mobile advertising on mobile sites and applications as well as SMS programs, while also including marketing that uses mobile to drive traffic to other channels. Mobile commerce is the use of the mobile medium to conduct search, shopping and transactions on the mobile device, although Mobile Marketer and Mobile Commerce Daily also consider mobile drivers to stores for transactions as mobile commerce. It’s the same distinction as you have between online marketing and ecommerce.

Which retailers come to mind who are using mobile in a unique way?

Hands down Amazon, Polo Ralph Lauren, Best Buy, Target, Gilt Groupe, eBay, Pizza Hut, Domino’s Pizza, Papa John’s, Dairy Queen and 1800Flowers.com. There are many others, but these retailers are a cut above the rest because they are not afraid to share best practices and help the retail industry grow while making life easier for consumers to shop and buy.

What mobile device do you carry in your pocket?

I receive plenty of emails each day, so the BlackBerry Tour works best for me. Texting is easy and so is going to the Web. It fits in my jacket pocket and is a sturdy device. The camera is fantastic. And I like the fact that it has a hard keypad and I don’t have to play tango with my fingers to conduct various mobile functions.

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