Legislative Advocacy: - PowerPoint Presentation

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Legislative Advocacy:

Building Effective Relationships With Policy Makers

2013 Affiliate Leadership Workshop & Forum

Denver, Colorado June 2013Slide2

PresenterJulie M. Strandlie, Esq.

Legislative & Public Policy DirectorNational Employment Lawyers AssociationSlide3

Building Effective Relationships With Policy MakersAgenda

Legislative Advocacy: A Key Part Of Your Litigation ToolkitIntroduction To NELA’s New Grassroots ProgramMyths And Challenges To Interacting With CongressBuilding Effective Relationships With Policy MakersYour Next Steps

Questions/AnswersSlide4

Lawyers Proactively must engage policy makers

Legislative Advocacy: A Key Part Of Your Litigation ToolkitSlide5

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

Big Business and anti-labor groups have targeted regulations and agency decisions to dismantle worker protections:Opposition to Nomination of Tom Perez, to serve as Secretary of Labor Noel Canning litigation, DC Circuit Court decision and total upheaval with NLRB as Minority Leader Mitch McConnell (R-KY) is blocking confirmation of even his own nominees Orchestrated campaigns to dismantle antidiscrimination and worker protection laws and rig the courts by certain members of Congress:

H.R. 1406, Working Families Flexibility Act (would gut FLSA)H.R. 1773, Agricultural Guestworker Act (would impose forced arbitration on migrant farmworkers)

S. 699, Court Efficiency Act of 2013 (would strip DC Circuit of the three vacant seats) Supreme Court continues to circumvent the 7th Amendment by sanctioning forced, pre-dispute arbitration and disallowing class actions:

AT&T Mobility, LLC v. Concepcion

,

American Express Co. v. Italian Colors Restaurant

(decision pending)

Decisions make clear that legislation is necessary to take back our justice systemSlide6

Legislative Advocacy: A Key Part Of Your Litigation ToolkitNELA is also engaged in pro-active legislative efforts to:Educate Congress and the public about the need for legislation to ban pre-dispute forced arbitration;

Restore the tax laws to pre-1996 status when non-economic damages (emotional distress) arising from non-physical injury cases were tax-free; andRecruit highly qualified, professionally diverse candidates for the federal bench, and work with the White House and Senate to ensure they are promptly confirmed without political obstruction.Slide7

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

Therefore, it is crucial for NELA members and Affiliate members to work with NELA’s Washington Office to:Develop trusting, working relationships with their own federal legislators (and for Affiliates to lead efforts to develop relationships with state and local legislators);Provide background information to federal legislators regarding why antidiscrimination laws and other workforce protections are so important to their respective constituents, states, and districts; and Be ready (with assistance from NELA) to explain the impact of proposed legislation or regulations.

Relationships Reliable Information ImpactSlide8

Legislative Advocacy: A Key Part Of Your Litigation ToolkitFormer House Speaker Tip O’Neil’s famous observation

“All Politics Is Local” is absolutely true. Slide9

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

NELA Leaders On The Hill, meeting with their own Senators about judicial nominations (professional diversity), the need to fill vacancies promptly, and ending partisan obstruction around the DC Circuit.From l-r: Board Member Rebecca L. Salawdeh, JNC 4th Cir. Rep. Geraldine Sumter, Peggy Browning Fellow Patrick Callahan, President Patricia A. Barasch, JNC 7th Cir. Rep. M. Megan O'Malley, JNC 11th Cir. Rep. Neil L. Henrichsen, and Legislative & Public Policy Director Julie M. Strandlie.Slide10

Legislative Advocacy: A Key Part Of Your Litigation ToolkitMWELA and Maryland Employment Lawyers Association members were successful in obtaining a Maryland state version of the federal Civil Rights Tax Relief Act, using constituent contacts and client testimony. Next stop: the U.S. Capitol! Senator Ben Cardin (D-MD) is now the lead Senate sponsor of the bill.

Front Row, l-r: Tom Gagliardo, Theresa Devine, Vikki Rouleau, and Bruce Fredrickson. Back Row: l-r: Geoffrey Simpson, Gwen D'Souza, Josh Bowers, and Richard Renner. Slide11

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

Maryland Civil Rights Tax Relief Act Bill Signing, May 16, 2013Photo Credit: Executive Office of the Governor, The Honorable Martin O'Malley (Maryland)Slide12

Let’s get it started!

NELA’s New Grassroots Advocacy ProgramSlide13

NELA’s New Grassroots Advocacy ProgramNELA has a long-standing, well-respected Legislative & Public Policy Program:

Founded by NELA past president Bruce FredricksonDC Office launched by Donna LenhoffNELA is expanding its efforts to increase its influence and effectiveness through the creation of a new Grassroots Advocacy Program.This presentation will explain how and why NELA and Affiliate members’ involvement, as constituents and community leaders, will be the key to our future success in protecting workers’ rights. Slide14

NELA’s Legislative & Public Policy Priorities

Civil Justice Tax Fairness Act of 2013 (CJTFA, S. 1224/H.R. 2509)Senate: Senators Ben Cardin (D-MD) and Susan Collins (R-ME) House: Representatives John Lewis (D-GA), Aaron Schock (R-IL), James Sensenbrenner (R-WI), Bobby Scott (D-VA) Arbitration Fairness Act of 2013 (AFA, S. 878/H.R. 1844)Senate: Senator Al Franken (18 cosponsors)

House: Representative Hank Johnson (42 cosponsors)

Judicial Nominations and VacanciesPrompt submission of names by Senators to the White HousePrompt consideration of nominees by Senate Judiciary Committee and full SenateSlide15

“if NELA and its coalition partners have lots of lobbyists, why do you need me?”

Myths/ChallengesTo Interacting With CongressSlide16

Letter: Investigate Elvis sightings

2,523 unread e-mails

Faxes from group promising mass protest at next town hall meeting

Is it $1 Bud night at the Hawk & Dove Pub?

Report: “National Intelligence Estimate of Osama bin Laden Location”

Letter: Local mayor asking for earmark project

Slide by Brad Fitch, Congressional Management FoundationSlide17

Myths/Challenges To Interacting With Congress

If your member of Congress has not arrived at a firm position on an issue, what advocacy strategies most effectively impact his/her decision-making process?constituent visits?lobbyist visits/communication?

form letters (e-mails) or postcards?

robo-calls?Slide18

Myths/Challenges To Interacting With Congress

Source: Congressional Management Foundation, 2011.Slide19

Myths/Challenges To Interacting With Congress

If your member of Congress has not arrived at a firm position on an issue, what advocacy means and messages most effectively impact his/her decision-making process? Means:Mail, E-Mail, or Fax?

Personalized or Form Communication?

Message:Impact on District/State?Reasons for Support/Opposition?Personal Story re bill or issue? Slide20

Myths/Challenges To Interacting With Congress

Source: Congressional Management FoundationSlide21

90

70802050

60

3040

Constituent Visits

Form Faxes

Form E-mail

Individualized E-mail

Lobbyist Visit

Individualized Faxes

Phone Calls

Form Letters

Rep. for Constituents

Individualized Letters

A lot of Influence

Some Influence

99%

96%

96%

94%

93%

91%

88%

65%

63%

57%

Source: Congressional Management FoundationSlide22

Advocacy Myths DebunkedMyth Citizens can’t make a difference.Congress listens only to lobbyists.

Tons of form e-mails will change Congress’s mind. RealityConstituents can make all the difference.Congress prefers to/needs to hear from constituents.One personal, persuasive connected constituent letter is more effective than 1000’s of form letters, postcards, calls.Slide23

Building Effective Relationships With Policy MakersPersonal relationshipsAnd reliable Information

Are the keys to successSlide24

Building Effective Relationships With

Policy Makers“The best groups find influential citizens to singularly focus on one issue.  The heavy lifting is not done by paid lobbyists—it’s done by citizens.” - U.S. SenatorSource: Congressional Management Foundation researchSlide25

Through Relationships Through Information

Established Relationships:NeighborChurchPTA/SchoolNew Relationships:Campaign contributorCampaign volunteerPersonal StoriesClient StoriesIssue One-PagersOp-EdsMedia Events

Building Effective Relationships

With Policy MakersSlide26

High-Value Communication Low-Value Communication

Site visitsIn-person meetingsPersonalized “letters”Town Hall participationPetitionsForm Letters Form E-mailsPost CardsRobo-type calls Building Effective Relationships

With Policy MakersSlide27

Building Effective Relationships With Policy Makers

Easy Ways to Get Started:“LIKE” your Legislators on Keeps you up to date with their workAllows you to post a comment—staff members are watching“FOLLOW” your Legislators on Follow your Legislators’ every move

Learn legislative procedure

“CONNECT” with Legislative Staff on Share your organization’s message in a professional forumSIGN-UP up for E-Mail UpdatesSome legislators send

polls/surveys asking for

your inputSlide28

Stay informed/get involvedYour Next StepsSlide29

NELA’s Grassroots Advocacy ProgramInformation Gathering

Grassroots RecruitmentInvitation from NELA President Patricia A. Barasch“Grasstops” IdentificationIssues Interest/Expertise Empowerment

Grassroots Advocacy CenterTimely Issue Updates

Issue-Specific WebinarsAdditional How-To WebinarsDistrict/Town Hall Visits

Lobby Days

Best Practices for Communicating with Congress

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Conclusion “We in America do not have government by the majority. We have government by the majority who participate.”

- Thomas JeffersonSlide32

DiscussionSlide33

Legislative Advocacy:

Building Effective Relationships with Policy Makers

2013 Affiliate Leadership Workshop & Forum

Denver, Colorado June 2013