Legislative Advocacy:Building Effective Relationships With Policy Makers

2013 Affiliate Leadership Workshop & ForumDenver, Colorado

June 2013

Presenter

Julie M. Strandlie, Esq.Legislative & Public Policy Director

National Employment Lawyers Association

Building Effective Relationships With Policy Makers

Agenda

1. Legislative Advocacy: A Key Part Of Your Litigation Toolkit

2. Introduction To NELA’s New Grassroots Program3. Myths And Challenges To Interacting With Congress4. Building Effective Relationships With Policy Makers5. Your Next Steps6. Questions/Answers

LAWYERS PROACTIVELY MUST ENGAGE POLICY MAKERS

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

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 system

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

NELA 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; and

Recruit 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.

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 Impact

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

Former House Speaker Tip O’Neil’s famous observation

“All Politics Is Local” is absolutely true.

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.

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. 

Legislative Advocacy: A Key Part Of Your Litigation Toolkit

Maryland Civil Rights Tax Relief Act Bill Signing, May 16, 2013

Photo Credit: Executive Office of the Governor, The Honorable Martin O'Malley (Maryland)

LET’S GET IT STARTED!

NELA’s New Grassroots Advocacy Program

NELA’s New Grassroots Advocacy Program

NELA has a long-standing, well-respected Legislative & Public Policy Program: Founded by NELA past president Bruce Fredrickson DC Office launched by Donna Lenhoff

NELA 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.

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 Vacancies Prompt submission of names by Senators to the White House Prompt consideration of nominees by Senate Judiciary Committee

and full Senate

“IF NELA AND ITS COALITION PARTNERS HAVE LOTS OF LOBBYISTS, WHY DO YOU

NEED ME?”

Myths/ChallengesTo Interacting With Congress

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 Foundation

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?

Myths/Challenges To Interacting With Congress

Source: Congressional Management Foundation, 2011.

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?

Myths/Challenges To Interacting With Congress

Source: Congressional Management Foundation

9070 8020 50 6030 40

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 Foundation

Advocacy Myths Debunked

Myth Citizens can’t make a

difference.

Congress listens only to lobbyists.

Tons of form e-mails will change Congress’s mind.

Reality Constituents 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.

Building Effective Relationships With Policy

Makers

PERSONAL RELATIONSHIPSAND RELIABLE INFORMATION

ARE THE KEYS TO SUCCESS

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. Senator

Source: Congressional Management Foundation research

Through Relationships Through Information

Established Relationships: Neighbor Church PTA/School

New Relationships: Campaign contributor Campaign volunteer

Personal StoriesClient StoriesIssue One-PagersOp-EdsMedia Events

Building Effective Relationships With Policy Makers

High-Value Communication

Low-Value Communication

Site visitsIn-person meetingsPersonalized

“letters”Town Hall

participation

PetitionsForm Letters Form E-mailsPost CardsRobo-type calls

Building Effective Relationships With Policy Makers

Building Effective Relationships With Policy Makers

Easy Ways to Get Started: “LIKE” your Legislators on

Keeps you up to date with their work Allows 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 forum

SIGN-UP up for E-Mail Updates Some legislators send polls/surveys asking for your input

STAY INFORMED/GET INVOLVED

Your Next Steps

NELA’s Grassroots Advocacy Program

Information Gathering Grassroots

Recruitment Invitation from NELA

President Patricia A. Barasch

“Grasstops” Identification

Issues Interest/Expertise

Empowerment Grassroots Advocacy

Center Timely Issue Updates

Issue-Specific Webinars

Additional How-To Webinars District/Town Hall Visits Lobby Days Best Practices for

Communicating with Congress

Conclusion

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

- Thomas Jefferson

Discussion

Legislative Advocacy:Building Effective Relationships with Policy Makers

2013 Affiliate Leadership Workshop & ForumDenver, Colorado

June 2013