Small Business Left Vulnerable to Unfair Big Labor Tactics

Senate Fails to Nullify NLRB “Ambush” Election Rule

WASHINGTON, D.C., April 24, 2012 — The United States Senate was today tasked with voting to nullify an upcoming change in workplace unionization rules that would dramatically undermine an employer’s opportunity to learn of and respond to union organization.  The National Labor Relations Board (NLRB) issued a rule to reduce this amount of time from 38 days to 20 days or less.  Senator Mike Enzi (R-WY) introduced legislation, S.J. Res. 36, to nullify this rule and the National Federation of Independent Business (NFIB) took this issue across the country in a national ‘Call to Action’ for its membership, and highlighted the importance of this vote in a Key Vote letter to the Hill.

“Protecting the rights of our members to own, operate, and grow their own businesses is the motto of NFIB, and this latest rule change by the NLRB threatens this at its core,” said Dan Danner, CEO of the National Federation of Independent Business. “By failing to nullify this rule, Senate Democrats have once again allowed Big Labor intimidation tactics to infiltrate small business and commandeer Main Street.  We tasked our extensive grassroots network across the country with a ‘Call to Action’ to urge senators on both sides of the aisle to support Senator Enzi’s common-sense resolution, but once again, politics has dictated policy.  Instead of a fair, level playing field for unionization in the workplace, the NLRB has given labor bosses a significant advantage over small-business owners, leaving them vulnerable and unsure of what will come their way next.”

The National Federation of Independent Business has been very engaged in ensuring that workplace unionization is the result of a fair and informed decision by employees, and has worked to limit the scope of the NLRB’s pro-Big Labor policies.  In an op-ed running today on Fox News.com, Dan Danner gave a final push to urge senators to support Senator Enzi’s resolution.

By not nullifying this NLRB rule, the Senate has allowed non-confirmed members of the NLRB to change labor law and has conceded its legislative responsibility to the NLRB.

# # #

NFIB is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists sends their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at www.NFIB.com/newsroom.

Rewarding the Worthy, Removing the Worthless

by Farrell Quinlan

Have you ever been confronted, confounded and stymied by a state bureaucrat who refuses to do his or her job?

Every small business owner has his or her story (or stories) about the government employee or agency regulator who has this attitude that screams, “I’m on my seventh governor—they come and go and like with them, I can just wait you out.”

A significant chunk of small business owners’ frustrations with the bureaucracy can properly be placed on miserable individuals rather than on foolish or short-sided rules. Often it’s the entrenched middle managers in state employ who use and abuse their discretion within a regulatory environment to give government a bad name. Sometimes arrogance is to blame. Other times it’s incompetence. Mostly, both are actively in play.

There’s a reason government isn’t run like a business. It just isn’t set up that way.

But is there really nothing to be done to improve the situation?

Happily, there is plenty that can be done to make state government more accountable, more responsive and even a better place to work that rewards high performance.

Gov. Jan Brewer and pair of lawmakers named Justin are spearheading legislation to overhaul our state government’s personnel system. House Bill 2571 seeks to:

  • Consolidate multiple personnel systems;
  • Transition the state to an at-will workforce;
  • Improve the management of the state workforce;
  • Restructure the grievance and appeal system; and,
  • Update human resources practices.

The core of this long-overdue reform is to turn away from a sclerotic system that tends to bend over backwards to protect bad employees while it cavalierly discourages good employees by keeping them from achieving the rewards and pay they deserve for serving the taxpayers well.

About 80 percent of Arizona state workers are “covered” employees with the remaining 20 percent being “uncovered” or at-will employees like those in the private sector. That means four out of five state bureaucrats are protected from the normal considerations and expectations demanded from those working outside of government.

Try firing the lazy, insubordinate and incompetent in an environment where they can appeal their demotion, discipline or dismissal to a board that can, and far too often, overturns the decision of the executive responsible for the action.

No business could succeed or survive under these rules. Is it any wonder why our state government underperforms?

Rep. Justin Olson

Leading Governor Brewer’s reform movement in the Arizona Legislature are Rep. Justin Olson and Rep. Justin Pierce, both from Mesa. After fours years of implementation, their HB 2571 will completely flip the state workforce’s ratio to 18 percent covered and 82 percent at-will employees while maintaining necessary protections for full authority public safety officers.

HB 2571 sets up a state personnel system for Arizona with the following guiding principles:

  • Recruit and select employees on the basis of their ability, knowledge and skills after open competition;
  • Provide compensation based on merit, performance, job value and competitiveness with the labor market;
  • Train employees on the basis of their performance, correct inadequate performance where possible, and separate employees whose performance in inadequate;
  • Manage applicants and employees without regard to political affiliation, race, color, national origin, sex, age, disability or religious creed; and,
  • Assure that employees are protected against coercion for partisan political purposes.

These principles will provide a firm foundation to build a state workforce that respects and serves the taxpayers who fund it. This reform creates the mechanisms to reward the worthy and remove the worthless. HB 2571 deserves and has the support of Arizona small business owners and of NFIB.

Contact your Senator and Representatives
Ask them to support HB 2571: State Personnel Reform

Farrell Quinlan is Arizona state director for the National Federation of Independent Business, the voice of small business with 7,500 small business members in Arizona.

UPDATE: HB 2571 passed the Arizona House of Representatives on Wednesday, March 14th on a 39-19 vote. The Arizona Senate now takes up the legislation. Further changes are expected to the legislation meaning a final House vote will be necessary later this session. Please continue to contact your legislators in both the House and Senate until this important reform is sent to the Governor for her signature.

Arizona Public Notices – It’s time to change the law!

Committee Testimony on HB 2403: Online Public Notices is Thursday morning

Editor’s note: Sonoran Alliance and several other Arizona political news blogs  (ACOM – Arizona Coalition of Online Media) strongly support this bill and will be at the hearing Thursday morning. Help stop the print newspapers’ monopoly over public notices.

by Lynne LaMaster, eNewsAZ

Right now, newspapers have a monopoly on the publication of Public Notices. You know, those ads you see in super-tiny print next to the want ads in the local paper?

Representative David Stevens, however, has a different idea. Let’s allow Public Notices to be published online or in printed newspapers. If his bill passes, competition for Public Notices will go up, prices should go down. Taxpayers will benefit as their governmental agencies won’t have to pay nearly as much in fees (estimated to be over $1.8 million in Arizona alone).

It will also make public notices more available world wide, allow for better, more readable formatting, better access for those with disabilities, and more information to be shared, such as links to maps, bid specifications, agendas and more.

Newspapers aren’t supporting this because they believe they are the watchdog over Public Notices. They also question the ability for online entities to offer verification, and serve those who don’t get the Internet.

See http://www.eastvalleytribune.com/opinion/article_605be59a-4e92-11e1-a963-0019bb2963f4.html

There is a hearing Thursday morning at 9am in front of the committee, and they are going to vote on it. There is also a stakeholder’s meeting Wednesday at 4pm.

Here are the committee members:

  • David Stevens (R) – bill sponsor
  • Sally Ann Gonzales (D)
  • Justin Pierce (R)
  • Carl Seel (R)
  • Bruce Wheeler (D)
  • Terri Proud (R)
  • Jeff Dial (R)

Please email or call them and let them know you support this bill. http://www.azleg.gov/MemberRoster.asp

Bill info – http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HB2403&Session_ID=107

Read Lynne’s full analysis of why you should support HB 2403.

OBAMACARE: A Panel Discussion at the Goldwater Institute

FOR IMMEDIATE PRESS RELEASE

A Panel Discussion: OBAMACARE

Phoenix, AZ – On Wednesday, February 8, 2012, Arizona Mainstream Project (AMP) will bring to the public a panel discussion on Obamacare.  Speaking on this panel will be Goldwater Institute’s Senior Attorney Diane Cohen and Director – Center for Economic Prosperity Byron Schlomach, Dr. Jeff Singer, and former AZ Congressman John Shadegg.  550 KFYI Talk Host Terry Gilberg will be the moderator for the discussion.

Each panel member will share their personal expertise and direct involvement with uncovering the facts about The Affordable Care Act and how it has begun and will continue to negatively impact the lives of ALL Americans.  You will gain a better understanding of this law and how it applies to your access to health care, the current legal battles, and how you can help stop this anti-American and socialistic agenda.

Diane Cohen:

The Affordable Care Act mandated states to establish insurance exchanges by 2014 or have exchanges set up by HHS. These exchanges are nothing more than invitation-only clubs where only government sanctioned insurers can play. They must meet all the federally mandated medical coverages/benefits specified by the Secretary of Health and Human Services. In an effort to preserve some sovereignty, states, even some who opposed the federal healthcare law, including Arizona, are rushing to get federal money to set up these exchanges. Diane Cohen, Senior Attorney, of the Goldwater Institute will refute this notion.  Ms. Cohen has testified before Congress on the Independent Payment Advisory Board (IPAB). She will explain what effect this fifteen-member board of political appointees will have in our future.

Dr. Byron Schlomach:

Byron will discuss how government is at the root of our problems in health care, making it the problem, not the solution. He will show you how our income tax system plays a major role in determining what our health care system looks like and how it operates.

Dr. Jeff Singer:

Dr. Singer will discuss the ways in which “Obamacare” will affect the patient doctor relationship, the relationship of the doctor with the state, the relationship of the patient with the state, the loss of personal autonomy, and the ultimate decrease in quality and rationing of heath care that will inevitably result from “Obamacare.”

John Shadegg:

President Obama promised that the cost of health care would go down and it hasn’t. A recent HHS press release acknowledged that premiums have gone up by as much as 12.8% in the last year after the rates were reviewed by state bureaucrats under the provisions of Obamacare. Obama has also promised that if you liked your health care plan, you could keep it. Yet, we now know that Obamacare mandates will not allow anyone to keep the plan they had. As the nation’s economy struggles, Obamacare increases taxes by 800 billion dollars and crushes jobs. Learn how free market solutions will reform health care in ways that promotes quality and reduces costs for all Americans.

Date: Wednesday, February 8, 2012
Location:  Goldwater Institute Auditorium
Address: 500 E. Coronado Road, Phoenix,  AZ

Time: 6:00 pm – 8:30 pm (doors open at 5:30)

Light snacks and beverages will be served

Cost:  $10.00 per person

To reserve your seat we encourage you to RSVP and purchase tickets in advance

Go to: http://www.arizonamainstreamproject.org/#q=Seminars-18

or send payment to:

Arizona Mainstream Project
15029 N. Thompson Peak Parkway
Suite B-111 Box 589
Scottsdale, AZ 85260

This panel discussion will be STREAMED LIVE from AMP’s website.

A “Live Stream” button will be available on our homepage www.ArizonaMainstreamProject.org on the day of the event.  Follow the instructions to access the live video stream.

Contact: Honey Marques, Executive Director, at 808-283-3661 or honey@arizonamainstreamproject.org

Arizona Mainstream Project is a 501 (c) 3 non-profit charitable grassroots organization whose mission is to attract, educate, and mobilize the people of Arizona around America’s founding principles and leadership. AMP believes in the principles of a constitutionally limited government, free markets, fiscal responsibility, and individual liberty to promote the common good and prosperity for the people of Arizona.

Freedom is the key to jobs

by Byron Schlomach, Ph.D.
Goldwater Institute

With America’s unemployment rate at or above 9 percent for three years, prior to the rate being pushed down by people leaving the workforce, job creation is on everybody’s mind. Unfortunately, for many policymakers across the country the ideas to turn that rate around – tax breaks for big corporations or outright subsidies to biotechnology, solar power, or other high-tech industries – have been tried, with little to show for them.

Nearly all the proposed fixes that we’ve seen in the last few years can be categorized into one of five myths McKinsey Quarterly laid out regarding job creation: 1) Surely there’s a quick fix, 2) The key to boosting employment quickly is to help small businesses, 3) High-tech jobs will solve the problem, 4) Higher productivity kills jobs, and 5) Increasing exports will revive manufacturing employment.

None of these paths, pursued in isolation, will help the economy in the long run. Job creation involves people taking risks, investing, and working very hard. The key, as Whole Foods CEO John Mackey recently pointed out, is to allow entrepreneurs the freedom to do so – freedom from prescriptive tax policies and subsidies to their competition, inefficient regulation, and burdensome government in general. But, the U.S. is moving in the wrong direction. Once ranked third in the world in economic freedom, we are now tenth, behind Great Britain, Canada, Singapore and Mauritius, among others.

But there are some policymakers who are on the right track. Phoenix city councilman Sal DiCiccio, for example: He is working to reduce the permitting burden by the City of Phoenix, which lowers business start-up costs. He also wants to reduce the cost of government by privatizing some government services and with meaningful pension reform.

Ultimately, tinkering at the edges is no longer enough to be competitive for jobs. The states that will really thrive must be bold and make the decision that they will use freedom as the most important tool in the economic development toolbox. Indeed, “we’re the freest place to do business in the country” could be a powerful job creation mantra.

Dr. Byron Schlomach is the director of the Goldwater Institute’s Center for Economic Prosperity.

Learn More:

McKinsey & Co.: Five myths about how to create jobs

Wall Street Journal: To Increase Jobs, Increase Economic Freedom

Cato Institute: Economic Freedom of the World

President’s move on air quality regulation a good start

by Rebecca Hudson
Arizona Chamber of Commerce

President Obama has finally made an attempt to reign in the astounding regulatory overreach of the Environmental Protection Agency (EPA).

The president asked EPA Administrator Lisa Jackson to withdraw the agency’s proposed National Ambient Air Quality Standards (NAAQS) for ozone, which would have tightened the current standard of 75 parts per billion (ppb) to a range between 60 ppb and 70 ppb. The new lower standard could have put as many as nine Arizona counties into non-compliance, which, as the state knows from its battle with the EPA on PM-10 issues, can lead to hefty fines and a loss of federal highway funds.

The EPA’s regulatory posture completely ignores a balanced look at public policy and what is best for the American people. This ozone standard was lowered in 2003 and is up for a formal review again in 2013, but that was apparently too long a wait for a regulation that, according to a study by the Manufacturers Alliance (MAPI), could cost this nation 7.3 million jobs by 2020 and could add up to $1 trillion annually in compliance costs between 2020 and 2030.

With the nation still trying to recover from the worst economic recession in a generation, now is not the time to allow federal bureaucrats to capriciously set expensive, job-killing regulations.

The Obama Administration took an important first step in getting control of its regulatory agencies; hopefully there is more to come.

Rebecca Hudson is an environmental policy analyst at the Arizona Chamber of Commerce and Industry and a former Goldwater Institute Ronald Reagan Fellow.

Learn More:

MAPI Report: EPA’s Proposal to Reduce Ozone Standard Would Harm Economy, Manufacturers

White House: Statement by the President on the Ozone National Ambient Air Quality Standards

Los Angeles Times: Obama asks EPA to back off draft ozone standard

A tax credit to reduce government red tape

by Nick Dranias
Goldwater Institute

Excessive regulation is needlessly destructive to the economy and job creation – and the Goldwater Institute’s annual Legislative Report Card shows that elected officials in both parties fail to recognize the problem.

Since 2003, the report card has measured the voting patterns of state legislators on bills that offer new regulations. Year after year, the average legislator votes to advance more regulation rather than curtail it. But when tens of thousands of Arizonans are looking for work, we no longer have the luxury of tolerating excessive regulation—if we ever did.

The fundamental problem is this: Government does not have any incentive to stop over-regulating. But there is a powerful way to give government the missing incentive it needs – through a regulatory tax credit.

Here’s how it would work: A regulatory tax credit would allow taxpayers to reduce their taxes in an amount equal to the cost of complying with excessive regulation by the government, providing a powerful incentive for government to avoid and reduce regulations.

By empowering taxpayers to align government’s insatiable hunger for revenue with a limited government regulatory policy, tax credits such as these could finally reduce government red tape and let businesses flourish.

Nick Dranias holds the Clarence J. and Katherine P. Duncan Chair for Constitutional Government and is director of the Joseph and Dorothy Donnelly Moller Center for Constitutional Government at the Goldwater Institute.

Learn More:

Goldwater Institute: 2011 Legislative Report Card for Arizona’s Fiftieth Legislature, First Regular Session

Goldwater Institute: Cities can boost business with more freedom

Goldwater Institute: Susie’s lemonade stand not welcome in Phoenix

Do consumers need protection from out of state wine?

by Clint Bolick
Goldwater Institute

May 16, 2005 was a great day for fans of free markets and especially wine. For on that day, in Granholm v. Heald, a case I had the honor of arguing, the U.S. Supreme Court struck down state laws prohibiting the direct interstate sale of wine to consumers.

But six years later, Congress is considering a bill, H.R. 1161, which would overturn that ruling and allow states to restore protectionist trade barriers against wine grown outside their state line. Not only would this bill hurt Arizona’s budding wine industry, it would reduce wine choices to consumers all across America.

As you may recall from high school civics class, one of the principal arguments in creating the U.S. Constitution was its creation of an open national market, putting an end to state trade barriers. The Constitution allows states to enact protectionist barriers only when Congress expressly authorizes such action – as it did in the area of health insurance, which has had disastrous implications for cost, choice, and interstate competition.

H.R. 1161 is being billed in some circles as “states’ rights” – which it is only in the sense of allowing states to engage in the type of destructive, anti-competitive activity that helped lead to the Constitution in the first place.

In fact, the bill is all about protectionism, which explains why its co-sponsors include Reps. John Conyers, Jr. (D-MI) and John Dingell (D-MI), two Congressmen who aren’t known for their warmth toward free markets, much less states’ rights. The bill’s principal backer is the multi-billion-dollar liquor wholesaler industry, which makes enormous monopoly profits by controlling wine distribution. The Granholm decision opened the interstate wine markets a bit – to the benefit of winemakers and consumers – but the liquor distributors want to close them again.

America’s economic structure is based in large measure on open trade among the 50 states – to which H.R. 1161 presents a serious threat. While the bill has over 100 sponsors, so far among the Arizona delegation, only Rep. David Schweikert (R) has signed on, and perhaps he will reconsider. This bill would return us to the dark times when a government-sanctioned monopoly industry, rather than consumers, dictated the wines we could enjoy.

Clint Bolick is director of the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

Learn More:

Goldwater Institute: Trading Grapes: The Case for Direct Wine Shipments in Arizona

Goldwater Institute: Federalism doesn’t include blocking open trade among states

Wine Spectator: An End to Wine Direct Shipping?

Free the Grapes: To Ensure Consumer Choice in Fine Wine

Wes Gullett releases plan to cut red tape

FOR IMMEDIATE RELEASE: September 22, 2011
CONTACT: Daniel Scarpinato

PHOENIX – Wes Gullett released his “Less Red Tape Means More Jobs” plan this morning, the centerpiece of which is a plan for same-day permitting.

Under Gullett’s plan (attached), a qualified customer can walk into the city and, meeting the requirements, walk away with a permit on the same day. The plan was unveiled at Copper Star Coffee, a local business that has faced significant challenges in obtaining permits in a timely fashion under the city’s current process.

The plan is supported by four current council members: City Councilmen Sal DiCiccio, Tom Simplot, Bill Gates and Jim Waring, who all appeared with Gullett at today’s press conference to support his plan.

“The City of Phoenix must be ready to move with agility to help our business and community partners get back to work – not stand in their way,” said Gullett. “Streamlining government, reforming the permitting process and updating city regulations and procedures to move plans through the pipeline will dramatically reduce the time and cost of doing business in Phoenix.”

In addition to same-day permitting, the Gullett plan calls for all city departments to engage in a top to bottom review of all regulations and delete those that are unnecessary; a comment period and sunset review on all regulations; consolidating the Planning and Development Services Departments with the Economic Development Department to allow for more direct and immediate support for small businesses; expanding online services for permitting and business services; establishing a single point of contact for major development projects; updating zoning ordinances; and reducing permitting fees.

“The importance of this plan and what it means for jobs, productivity and business could not be clearer,” Gullett said. “We must lead on these issues and build a foundation on rock – not sand. Otherwise, Phoenix will find itself continuously falling behind other cities that are making reforms to ensure economic development. We cannot afford the status quo.”

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A Seminar on Arizona’s Gun Laws and Recent Policy Changes with Alan Korwin, TONIGHT!

 

INVITES YOU TO ATTEND

Gun Laws and Gun Policy: An Update

 PRESENTED BY ALAN KORWIN

Date: TONIGHT!  September 20, 2011
Time: 6:30-8:30 PM
Location: The Franciscan Renewal Center – St. Barbara Room
Address: 5802 E. Lincoln Dr., Scottsdale, AZ

Refreshments served

Cost: $10 per person

Payment can be made on our website , you will need to scroll down to the second posted seminar to see this event. http://arizonamainstreamproject.org/#q=Seminars 

 Payment can also be made at the door!

Arizona’s gun laws have changed dramatically in the last few legislative sessions. Do you know what happened to our self-defense laws? What’s it like to carry a firearm with no permit and no training required? And what about the politics — is Obama really going to outlaw guns, confiscate your property, tax ammunition to death, get the U.N. to dictate our laws? You’ve never owned or even fired a gun? How dangerous is that — being that defenseless?

 Come join one of the nation’s leading experts on gun laws and gun policy, our own local resource, Alan Korwin, author of nine books on the subject and a frequent guest on radio and TV nationwide. He’ll answer  your questions, engage you with the facts, and crack you up with his quick wit. In a dire emergency, what’s the best gun? The one you have. Don’t miss this exciting evening. Bring 10 rounds of ammo for VIP seating.

Alan Korwin, author of five books and co-author of eight others, is a full-time freelance writer, consultant and entrepreneur with a twenty-five-year track record. He is a founder and two-term past president of the Arizona Book Publishing Association, which has presented him with its Visionary Leadership award, named in his honor, the Korwin Award. He has received national awards for his publicity work as a member of the Society for Technical Communication, and is a past board member of the Arizona chapter of the Society of Professional Journalists. He is active with the speaker’s bureau for the non-profit, Wash., D.C.-based news-media watchdog, Accuracy In Media.

Alan Korwin turned his first book, The Arizona Gun Owner’s Guide, into a self-published best-seller, now in its 24th edition. With his wife Cheryl he operates Bloomfield Press, which has grown into the largest producer and distributor of gun-law books in the country. It is built around nine books he has completed on the subject, including the unabridged federal guide Gun Laws of America, and a rapidly growing line of related books and DVDs.

  

NFIB Files Lawsuit to Protect Employer Rights

Sues the NLRB Over Posting Requirement Rule

WASHINGTON, D.C., September 19, 2011 — The National Federation of Independent Business (NFIB) has filed a lawsuit challenging a punitive new rule issued two weeks ago by the National Labor Relations Board (NLRB). The “Notice Posting Rule” requires private-sector employers to post a notice in their business informing employees of their right to unionize; failure to do so will constitute an independent “unfair labor practice” that subjects businesses to increased scrutiny, likelihood of investigation and an indefinite expansion of the statute of limitations for filing any other unfair labor practice charge.

“With this latest rule, the NLRB has gone too far, passing a mandate that vastly exceeds its authority—largely at the cost of the small-business community,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “In filing this lawsuit, we are joined by thousands of men and women around the nation who are standing up against the anti-business attitude that is reflected in actions of Washington’s regulators. It is truly a wonder why the government continues to treat job creators as the bad guys.”

Added Farrell Quinlan, Arizona state director for NFIB, “At best our members see this poster rule as unwelcome meddling by the NLRB and at worst, they see it as naked promotion of the unionization of their small businesses. It’s unnecessary, needlessly provocative and will only serve to create division rather than cooperation between small-business owners and their employees.

“Sadly, the NLRB is no longer an honest broker whose unbiased deliberations serve to facilitate understanding and cooperation between small-business owners and their workers. Instead, it has sloughed off any pretense of objectivity and proudly struts its active bias in favor of Big Labor by promoting the most radical and job-suppressing items on the union bosses’ agenda.”

According to NFIB’s lawsuit, the NLRB’s promulgation of the new rule is a gross overreach of its statutory authority under the National Labor Relations Act (NLRA). Moreover, the rule, which takes effect on November 14, 2011, will impact employers with no history of NLRA violations. According to NFIB’s estimates, the rule will impact up to six million private-sector businesses around the country.

The lawsuit asks the court to set aside the rule and declare that the NLRB’s action violates the NLRA.

NFIB previously argued in its public comments on the proposed rule that in the absence of an election petition or a finding of an unfair labor practice, the NLRB lacks the authority to require employers to post any notice, especially a notice far more detailed than those required when the NLRB’s jurisdiction is properly invoked. Further, small businesses are particularly vulnerable to accidental violations because the regulatory compliance burden most often falls on the small business owner and because small businesses do not have dedicated compliance staff. These arguments are reiterated in the complaint.

Joining the lawsuit are the National Right to Work Legal Defense and Education Foundation, an employee advocacy group; Mike Sullivan, owner of Southeast Sealing, Inc., located in Conyers, Ga. and John F. Brinson, CEO of Lehigh Valley Racquet & 24-7 Fitness Clubs in Allentown, Pa., both small-business owners and NFIB members.

NFIB is the nation’s leading small-business advocacy organization, representing 350,000 small businesses around the country.

# # #

NFIB is the nation’s leading small business association, with offices in Washington, D.C., and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at www.NFIB.com/newsroom.

GOP Corporation Commission Candidates Adamantly Refuse Repealing Renewal Energy Mandate

 

At the NE Valley Pachyderm Coalition meeting Wednesday, September 14, 2011, the three GOP Arizona Corporation Commission (ACC) candidates discussed their views of the proper role of the ACC, regulatory issues, and the Renewable Energy Mandate.

This is the first event at which the GOP ACC candidates, Bob Stump (Incumbent), Bob Burns, and Susan Bitter-Smith appeared together for this campaign.

There is a recent NASA study  that debunks the computer models on which global warming projections from greenhouse gasses is based. It was these models that helped “fuel” the alternative energy mandate. Now that those projections have been discredited, it is time to change Arizona energy policy to reflect reality rather than unsubstantiated doomsday scenarios ala Al Gore.

Susan Bitter-Smith and Bob Burns related their experiences on the board of the Central Arizona Plan (CAP) which has a huge role in managing water supplies. Bitter-Smith was President of the board during the last 4 of her 12 years of service on it. She mentioned how water rates and property taxes were both reduced during her tenure. Bob Burns was credited with bringing in outside auditors to audit CAP financial records on a regular basis as required by law, but not done until he raised the issue and followed through to get it done. The value of this experience for being on the ACC, according to Susan Bitter-Smith, is that most of the work of the ACC involves regulating water rates, and being on the CAP board provides excellent experience with water issues.

Bob Stump and Bob Burns both described their experience and record in the state legislature. Both were recognized as conservatives during their legislative tenure by a variety of organizations. In fact, Bob Burns was rated as a top Senator by the Pachyderm Coalition.

Bob Stump, as an incumbent, had more information about current issues recently before the commission and was able to talk about those not currently pending before the commission. He made some humorous comments about drug tests in reference to alleged possession and use of drugs by a Democrat commissioner.

Bob Burns served as Appropriations Committee chairman in the legislature as well as Senate President. He said that his Appropriations Committee experience would be helpful as member of the ACC as it prepared him to dealing with competing interests and use staff to help evaluate the assertions of various interests and come up with good solutions. He said that he viewed the role of the ACC as being more judicial than legislative in the sense that rate approvals and policy decisions should be based on interpreting facts of a case within the context of laws and protecting rate payers. Burns does not think the ACC should be advocating for particular people, companies, or industries; it should work to protect rate payers and prevent fraud according to the law.

Questions were raised about smart meters costs and potential health effects. Bob Stump said that he had reviewed studies about the smart meters and was personally convinced that they pose no danger, but he is respectful of others who don’t share those views. He and the other candidates all supported a policy of allowing electricity customers to opt out of smart meters. One of the advantages mentioned by the candidates about smart meters is the reduced cost of meter reading. In response to questions about who will pay the extra costs of those opting out, Stump and Burns indicated that they would be receptive to adjusting meter reading fees of utilities to reflect the actual costs of meter reading. Bitter-Smith said she would have to review the information more before supporting different meter reading rates for those who opt out of smart meters.

All of the candidates said they were committed to keeping utility rates as low as possible consistent with utilities being able to earn a reasonable return on their investments. Keeping companies profitable is essential to maintaining and improving service, but the ACC works to ensure that costs are not inflated so that rates can be as low as possible. Susan Bitter-Smith expressed concern that the Federal government is trying to close down a coal powered electrical generating plant that provides the electricity to pump water from the Colorado River to the rest of Arizona because of its carbon footprint. She said that pumping costs were the largest component of water costs, so switching from a relatively inexpensive coal plant to other sources for electricity will substantially drive up the cost of water. Bob Stump added that the Obama administration is engaging in a war on fossil fuels that is driving up the cost of energy. He said natural gas deposits in West Virginia have been discovered that can supply US energy needs for 100 years, but the Federal government is blocking the extraction of this gas.

This raised a question about the renewable energy mandate. This mandate requires that the percentage of electricity generated by renewable energy sources eventually be increased to 15% by the year 2025. It will increase by 1% each year until then. After that, the mandate expires. The issue with renewable energy sources is that most currently cost at least 10 times more than other energy sources and are often less reliable. This means that, if costs compared to nuclear and fossil fuels don’t come down, we could easily be paying more than twice as much for electricity because of this mandate than we need to. This is clearly not a way to keep costs down, and the candidates agreed with that.

The candidates all said that they would never have voted for the mandate, but, now that it is in place, they would not vote to repeal it. Bob Stump said that repealing the mandate would be like pulling the rug out from alternative energy firms that have made investments based on the mandate. He said that Arizona benefited from the investments and jobs created. He also said that the hope is that innovation and technological improvements will lower the cost of alternative energy by the time the mandates expire. He also said that Republican commissioners Gary Pierce and Brenda Burns who are not up for election for another two years share his view. Apparently, people who made investment decisions based on the low cost of electricity before the mandate was passed do not merit the same consideration as the investors in renewable energy companies. Bob Burns said that repeal of the mandate would possibly expose the state to lawsuits from solar electric companies. That seems unlikely if rate payers are not allowed to sue the state for imposition of the mandate in the first place.

Bob Stump mentioned how, when he originally ran for the ACC in 2008, that the “Solar Team” of Democrats won two of the three seats up for election and that his election was by a very narrow margin. Perhaps challenging the likely “Solar Team” for 2012 is considered too risky by the candidates if they appear unwilling to continue with the renewable energy mandate (mostly solar energy). Bob Burns said that solar energy appears to be popular with voters – another reason not to repeal the mandate.  When asked why electricity customers who are allowed to buy their electricity on a competitive market (only generation of electricity – not its distribution over power lines) from any company could not simply choose alternative energy electricity suppliers if that is what they want and let everyone else keep their low rates, there was no substantive answer given except that it would mean reversing the current policy. It appears that solar power would be less popular if people who want it had to pay for it themselves. This means that solar companies and their employees have a strong political interest in making sure that the mandate does not get repealed, and they would have a strong incentive to fund very aggressive political campaigns against ACC candidates supporting repeal. Without a government body supporting their businesses, solar energy companies would go bankrupt and their employees would have to find new jobs. Candidates running clean elections campaigns each get $137,811 for the general election. There are no longer matching funds available. That means the solar energy industry, which depends on the ACC to survive rather than consumer preference for low cost of its electricity, can easily outspend the three Republicans combined with a $500,000 “solar campaign” targeting Republicans and supporting Democrats and appealing to people who don’t understand how much solar energy really costs.

Energy, including electricity, is the life blood of an economy. Costs made artificially high because of government policies will hurt consumers through what is likely to be a doubling of electric rates. Businesses will take this into account when deciding where to locate their operations. The ACC candidates said that Arizona’s mandate is lower than other Western states, but Arizona competes with other states such as Texas for job creating businesses. The “benefits” of having solar companies in Arizona will be at the cost of seriously damaging the rest of Arizona’s economy.

The GOP ACC candidates are in agreement to maintain the expensive renewable energy mandate. Since there are only three candidates for three positions, they all have an incentive to play it safe and not rock the boat on solar energy. Having Republicans would be better than having Democrats on the ACC even if they are unwilling to fully support Republican principles of free enterprise and not having government picking winners and losers – either individual businesses or industries. Environmental arguments such as global warming have been debunked, so justification of higher costs based on environmental concerns cannot be legitimately defended. The only way the mandate will be repealed is if conservative Republicans opposing the mandate run for the ACC and win, the current candidates change their position based on the latest scientific evidence available, or if the legislature passes a bill to repeal it and the governor signs it.

Information about future NE Valley Pachyderm Coalition meetings was provided just before the meeting concluded.

Next month, Congressman Ben Quayle will be speaking about pressing issues such as the Federal budget, Federal regulations, and the economy. Lynne Weaver, Chairman of Prop 13 Arizona, will briefly describe the ballot initiatives for the Paradise Valley and Cave Creek School districts.

In November, Senate Majority Leader Andy Biggs will be speaking. Superintendent of Public Instruction John Huppenthal will be the December speaker.

 

GOP Corp Commission Candidates to Address NE Valley Pachyderm Coalition

The three declared Republican candidates for Arizona Corporation Commission (ACC) will talk to the NE Valley Pachyderm Coalition about their plans as Corporation Commissioners.

The candidates are Bob Stump (incumbent), Bob Burns (former State Senate President), and Susan Bitter-Smith.

The ACC is one of the lowest profile government organizations that has a huge impact on the lives and financial well being of Arizonans. It regulates utility rates and service levels for privately owned utilities. This impacts the quality and price of our electric, natural gas, telecommunications, and water services.

There will be plenty of time for questions and answers, so this is your chance to really find out where these candidates stand on economic regulation issues that will have a direct impact on you and your familiy.

Location: Appaloosa Public Library
7377 E. Silverstone Drive, Scottsdale, AZ 85255
(Near intersection of N Scottsdale and E Pinnacle Peak)

Date: Wednesday, Sept. 14, 2011. (2nd Wed of Month)
Time: 6:45-7:00 pm meet & greet. Meeting from 7-8:15pm

Contact Information:
Howard Levine,
NE Valley Chapter Chairman
Howard_Levine@rocketmail.com , http://www.pachydermcoalition.com/
480-577-4168

NFIB Statement on President Obama’s Jobs Address

WASHINGTON, D.C., September 8, 2011 — Dan Danner, the president and CEO of the National Federation of Independent Business, issued the following statement regarding President Obama’s address to a joint session of Congress this evening.

“Small-business owners needed to hear something bold from President Obama tonight, but instead just heard more of the same. His plan does not address the fundamental problems facing small business today. In addition, recent history tells us that a huge federal stimulus program is the wrong approach, and again sends the message that the president thinks he can spend his way out of this recession.

“The truth is that small businesses need the government out of their way. Tax breaks are always a welcome help to small businesses, especially in these tough economic times. But those outlined tonight by the president are temporary, and avoid the question of meaningful business tax reform. Lack of sales is still a major concern and there is a great deal of uncertainty among small businesses thanks to the threat of higher taxes and the thousands of pending federal regulations. The president’s speech did little to ease those concerns.”

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NFIB is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at www.NFIB.com/newsroom.

NFIB: NLRB Overreaches its Authority with Punitive New Rule

More than six million businesses to be affected

WASHINGTON, D.C., August 25, 2011 — The same week the Obama Administration announced it was making an effort to scale back burdensome rules on small businesses, the National Labor Relations Board (NLRB), the federal government’s labor union advocate, demonstrated an unprecedented overreach of its authority today by issuing a punitive new rule requiring all private-sector employers to post a notice in their business informing employees of their rights under the National Labor Relations Act.

“Just when we thought we had seen it all from the NLRB, it has reached a new low in its zeal to punish small-business owners,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “Not only is the Board blatantly moving beyond its legal authority by issuing this rule, it is unabashedly showing its spite for job creators by setting up a trap for millions of businesses.”

Under the National Labor Relations Act, the NLRB does not have the authority to broadly impose rules, such as the one issued today. The statute only permits the Board to act when a representation petition or unfair labor practice charge is filed.

Furthermore, the rule sets up a “gotcha” situation for millions of businesses who are unaware of the new rule or unable to immediately comply.

The NFIB submitted a statement opposing the rule during a public comment period in February. The comments can be found at the following link: http://www.nfib.com/LinkClick.aspx?fileticket=kMpH1o6T6uM%3d&tabid=1083

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NFIB is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at www.NFIB.com/newsroom.

NFIB Launches Campaign to Highlight Regulatory Burden on Small Businesses

Small Businesses for Sensible Regulations says federal regulations stifling job growth

WASHINGTON, D.C., August 3, 2011 — The nation’s leading small-business organization, the National Federation of Independent Business (NFIB), today launched a new campaign targeting the increasing number of regulations handed down by the Obama administration that are hampering small business’ ability to create jobs and economic growth.  The multi-year effort aims to give voice to America’s small businesses, which create two-thirds of the net new jobs in the U.S. each year. Former U.S. Senator and Small Businesses for Sensible Regulations chairwoman Blanche Lincoln joined NFIB President Dan Danner to announce the coalition in Washington.

“Small businesses have long carried a disproportionate share of the federal regulatory burden,” Sen. Lincoln said. “While some regulation is essential, there are more than 4,200 new environmental, financial, labor and other regulations pending at the federal level today, which are causing uncertainty and ultimately harming small businesses and their ability to create jobs. This is simply unsustainable in our struggling economy.”  Senator Lincoln spent 16 years representing Arkansas in Congress, where she consistently promoted small business interests, making her an ideal spokeswoman for NFIB’s effort to promote sensible regulations.

According to a report conducted for the Small Business Administration’s office of advocacy last year, government regulations currently cost the U.S. economy $1.75 trillion a year, or more than 12 percent of our national GDP.  In the last five years, there has been a 60 percent increase in pending federal regulations that are defined as “major” or “economically significant” – costing the economy $100 million or more.

“In NFIB’s history, few issues have been more important to America’s small businesses than bringing balance to the federal regulatory process,” NFIB President Dan Danner added. “Complying with federal regulations is incredibly costly to small businesses – the average business pays over $10,000 dollars per employee to stay in line with government rules.”

Small Businesses for Sensible Regulations seeks to ensure that the administration includes independent analysis of the long-term impacts of federal regulations on jobs, economic growth, and other indirect costs like retaining American industries in the federal regulatory process moving forward.

More than 150 businesses and organizations in six states – Florida, Nevada, North Carolina, Ohio, Pennsylvania, and Virginia – have joined the coalition to date.

Over the next several months, the coalition will work to bring personal stories of those facing economic hardships as a result of regulations to the national spotlight.  The campaign will also release economic and other analysis in several states to expose the heavy regulatory burdens suffered by small business owners.

For more information on the new project, visit the Small Businesses for Sensible Regulations website here: www.sensibleregulations.org

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NFIB is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at www.NFIB.com/newsroom.

Rep. David Schweikert on Dodd-Frank One-Year Anniversary

FOR IMMEDIATE RELEASE: July 21, 2011
CONTACT: Rachel Semmel

Rep. David Schweikert on Dodd-Frank One-Year Anniversary: “This Administration has regulated us to higher unemployment”

Washington, D.C. – Rep. David Schweikert (R-AZ), a member of the House Financial Services Committee and Vice Chairman of the Subcommittee on Capital Markets and Government-Sponsored Enterprises, made the following statement on the one-year anniversary of the enactment of the Dodd-Frank Wall Street Reform bill:

“We haven’t needed a full year to realize how devastating Dodd-Frank has been on job creation and market stability. 

“For a bill that is 2,300 pages long and contains more than 400 regulations and mandates, it sure has not lived up to its promises of economic growth and certainty. These 400-plus overreaching regulations are led by one single unelected, unaccountable regulator who runs a massive new federal bureaucracy in the name of ‘consumer protection.’ 

“By the time the second anniversary of Dodd-Frank would roll around, this bill will have cost more than $1.25 billion in the hiring of thousands of new bureaucrats. This symbolizes everything that is wrong with Washington. 

“If Dodd-Frank has taught us anything, it is this: we don’t need more czars, we need more competition. We don’t need more bureaucrats, we need free markets and fewer regulations. We don’t need empty promises, we need economic certainty. 

“I, along with my Republican colleagues in the Financial Services Committee, are dedicating our resources to rolling back these oppressive regulations and working to create more certainty in the markets. 

“When Washington picks winners and losers, no one wins.” 

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