Legislative Advocacy: Building Effective Relationships With Policy Makers

1. Legislative Advocacy:Building Effective Relationships With Policy Makers 2013 Affiliate Leadership Workshop & Forum Denver, Colorado June 2013

2. Presenter Julie M. Strandlie, Esq. Legislative & Public Policy Director National Employment Lawyers Association

3. Building Effective Relationships With Policy Makers Agenda • Legislative Advocacy: A Key Part Of Your Litigation Toolkit • Introduction To NELA’s New Grassroots Program • Myths And Challenges To Interacting With Congress • Building Effective Relationships With Policy Makers • Your Next Steps • Questions/Answers

4. Legislative Advocacy: A Key Part Of Your Litigation Toolkit Lawyers Proactively must engage policy makers

5. 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

6. 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.

7. 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

8. 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.

9. 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.

10. Legislative Advocacy: A Key Part Of Your Litigation Toolkit MWELA 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. 

11. 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)

12. NELA’s New Grassroots Advocacy Program Let’s get it started!

13. 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.

14. 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

15. Myths/ChallengesTo Interacting With Congress “if NELA and its coalition partners have lots of lobbyists, why do you need me?”

16. Is it $1 Bud night at the Hawk & Dove Pub? Letter: Investigate Elvis sightings 2,523 unread e-mails Letter: Local mayor asking for earmark project Faxes from group promising mass protest at next town hall meeting Report: “National Intelligence Estimate of Osama bin Laden Location” Slide by Brad Fitch, Congressional Management Foundation

17. 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?

18. Myths/Challenges To Interacting With Congress Source: Congressional Management Foundation, 2011.

19. 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?

20. Myths/Challenges To Interacting With Congress Source: Congressional Management Foundation

21. 99% 96% 96% 94% 93% 91% 88% 65% 63% 57% Constituent Visits Rep. for Constituents Individualized Letters Individualized E-mail Lobbyist Visit Individualized Faxes Phone Calls A lot of Influence Some Influence Form Letters Form E-mail Form Faxes 20 30 40 50 60 70 80 90 Source: Congressional Management Foundation

22. 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.

23. Building Effective Relationships With Policy Makers Personal relationships And reliable Information Are the keys to success

24. 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

25. Building Effective Relationships With Policy Makers Through Relationships Through Information • Established Relationships: • Neighbor • Church • PTA/School • New Relationships: • Campaign contributor • Campaign volunteer • Personal Stories • Client Stories • Issue One-Pagers • Op-Eds • Media Events

26. Building Effective Relationships With Policy Makers High-Value Communication Low-Value Communication • Site visits • In-person meetings • Personalized “letters” • Town Hall participation • Petitions • Form Letters • Form E-mails • Post Cards • Robo-type calls

27. 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

28. Your Next Steps Stay informed/get involved

29. 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

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

32. Discussion

33. Legislative Advocacy:Building Effective Relationships with Policy Makers 2013 Affiliate Leadership Workshop & Forum Denver, Colorado June 2013