webodec3ARCHIVEPreview
Open in TheBrain

NFIB Nat Fed Indep Biz

KOCH BRADLEY

CBG

EASTMAN EXXON

SEVERINO

ROVE

cmd portal:

https://www.sourcewatch.org/index.php?title=National_Federation_of_Independent_Business

https://thehill.com/business-a-lobbying/business-a-lobbying/573610-koch-backed-group-launches-7-figure-ad-blitz-opposing

the hill no lnx

Koch-backed group launches 7-figure ad blitz opposing $3.5T bill

Americans for Prosperity (AFP), an advocacy group backed by GOP mega-donor Charles Koch, launched a multimillion-dollar ad campaign Thursday attacking Democrats’ $3.5 trillion social spending package.

The connected TV, radio, direct mail and online ad blitz argues that the bill would lead to more government control and higher inflation. It will target 25 Democrats, including moderates who have expressed reservations about the $3.5 trillion price tag such as Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) and Rep. Josh Gottheimer (D-N.J.).

“A government takeover of our economy is a fundamental departure from the spirit of entrepreneurialism we’ve relied on for generations to drive prosperity, and there’s only one outcome — unmitigated economic disaster that will be difficult to reverse,” AFP President Tim Phillips said in a statement.

In recent months, AFP has orchestrated an extensive effort to oppose both Democrats’ reconciliation package and the $1.2 trillion bipartisan infrastructure bill, which it argues doesn’t make sufficient changes to regulations needed to improve roads and bridges.

The group’s most recent ad campaign comes as House Democrats prepare to vote on the infrastructure bill Monday. Democratic leaders say the bill must be passed alongside the party-line spending package that invests in climate, child care and other Democratic priorities.

The Democrats’ reconciliation package has come under fire from business lobbying groups and conservative organizations over its proposed tax increases on large corporations and wealthy individuals, as well as its measure to allow the federal government to negotiate the price of prescription drugs.

The U.S. Chamber of Commerce on Wednesday announced a six-figure ad campaign urging moderate House Democrats to oppose the $3.5 trillion bill after warning that it would revoke endorsements for Democrats who vote for the measure.

The National Federation of Independent Business, a GOP-aligned small business group, also launched a six-figure ad campaign Wednesday urging Rep. Cindy Axne (D-Iowa) and Sens. Jeanne Shaheen (D-N.H.) and Maggie Hassan (D-N.H.) to vote against the reconciliation bill.

Senate Budget Committee Chairman Bernie Sanders (I-Vt.) has punched back at the campaigns to sink the spending packages filled with Democratic priorities.

“This is what oligarchy and a corrupt political system are all about," he tweeted in response to a corporate lobbying blitz announced last month.  "The rich and large corporations get richer, and their lobbyists do everything possible to protect their wealth and greed. Not this time."

Banning Plastic Bans

Matt Seaholm, the executive director of the American Progressive Bag Alliance,seemed to relish his part in the fight. While others at the plastics industry conference tended toward hand-wringing and at least some acknowledgment of the problem of plastic waste, Seaholm was unapologetic in his antagonism of environmental groups that have been calling attention to it. In Texas, Seaholm, the former national director of the Koch brothers-led Americans for Prosperity, positioned himself as the enemy of environmentalists.

“They hate what we’re doing,” Seaholm told his plastics industry colleagues at the conference with a mischievous grin. “We wear this as a badge of honor.” The fact that environmental groups oppose the APBA’s tactics, Seaholm added, is evidence that his lobbying group “must be doing something right.”

The APBA began pushing back against plastics restrictions around the country in 2011. Around 2015, the industry group upped its game. Rather than just opposing individual bans, the APBA began lobbying for state preemption laws. The approach, which another Koch brothers-affliated group, the American Legislative Exchange Council, has used to fight local action on other issues, including pesticide restrictions and living wage laws, prevents cities and towns from passing local plastic bans. In the past eight years, the American Chemistry Council has helped pass preemption bills based on ALEC’s model in 13 states. According to Seaholm, who joined the group in 2016, 42 percent of Americans now live in states where they can’t pass local bans on plastics.

Other plastics industry lobbying groups, including ALEC’s American City County Exchange and the National Federation of Independent Business, have also argued for preemption, or “uniformity” as they call it, on the grounds that bans hurt businesses that use plastic. While presenting bans as bad for both businesses and poor people, who they claim will be disproportionately affected, the industry has also used campaign donations to make its case. Over the past year, the Flexible Packaging Association, whose members include Dow, Exxon Mobil Chemical, SABIC, Chevron Phillips Chemical, and LyondellBasell, more than doubled its spending nationwide. The group significantly upped its contributions to Tennessee lawmakers, for instance, in the year leading up to the passage of the bag preemption bill there.

While the APBA is fighting hard to push plastics preemption, the group’s national spending is unclear because as a wholly owned entity of the Plastics Industry Association, there’s no federal requirement to make its expenditures public.But state lobbying disclosures show that it has spent millions fighting bag bans. This advocacy of plastic bans puts Plastics Industry Associations members, including PepsiCo, Walmart, and the Carlyle Group, in an uncomfortable situation. All these brands have made public sustainability pledges that appear to be at odds with the group’s fights against local laws limiting plastic.

Asked about the apparent dissonance between its sustainability pledge and participation in the Plastics Industry Association, Walmart provided an emailed statement saying that “Walmart’s aspiration is to achieve zero plastic waste. We are taking actions across our business to use less plastic, recycle more and support innovations to improve plastic waste reduction systems.” The statement also said that Walmart has “asked our suppliers to reduce unnecessary plastic packaging, increase packaging recyclability and increase recycled content, and to help us educate customers on reducing, reusing and recycling plastic.”

PepsiCo and the Carlyle Group did not respond to requests for comment.

==

http://www.elkgrovenews.net/2018/08/small-business-group-nfib-pac-endorses-Andrew-Grant.html

August 6, 2018 |  

:{

}:

The political action committee for a small business group announced today they will be endorsing Republican Andrew Grant in the race for California 7th congressional district.

:{

}:

The National Federation of Independent Business Fed PAC issued their endorsement for Grant who is challenging three term Democratic incumbent, Dr. Ami Bera. 

:{:{

}:}:

In their written announcement, NFIB National Political Director Sharon Sussin said the group recognizes that "good small business policy starts with electing good small business candidates."

:{:{

}:}:

"Therefore, your election is critical to the small businesses in your district, and we look forward to working with you on the issues most important to them – health care, regulations, and taxes,” Sussin said.

:{

}:

Prior to running for office, Grant was a small business owner, an executive with Raley’s, and CEO of the Northern California World Trade Center.

:{

}:

“NFIB is one of the most important organizations in America,” Grant said. “Their members are the heart and soul of our economy and of our communities. When small businesses thrive, it is better for us all and communities within District 7 are no different.”

:{

}:

The conservative NFIB has almost exclusively endorsed Republican candidates nationally and offered support for Bera's two most recent challengers including Doug Ose in 2014 and Scott Jones in 2016. The Center for Media and Democracy has argued the NFIB does not advocate for small business, but rather big businesses, and was a lead plaintiff in the unsuccessful lawsuit against the Affordable Care Act.  

https://www.democracynow.org/2018/2/13/as_deadly_flu_sweeps_the_us

 week marks 25 years since Bill Clinton signed the Family and Medical Leave Act, which gave employees in the U.S. the right to unpaid time off to care for themselves and family members. A decade later, San Francisco became the first city to approve paid sick leave. Today some 14 million workers in 32 municipalities and nine states have paid sick leave policies. On Thursday, Austin city councilmembers will vote on an ordinance that would make it the first city in the South to require paid sick leave from private employers. But the measure is facing strong opposition from aKoch brothers-backed lobbying group called the National Federation of Independent Business, which is fighting paid sick leave policies across the country. This the same lobbying group that led the opposition to the Affordable Care Act. For more we speak to Gregorio Casar, the Austin city councilmember who introduced the paid sick leave measure.

==

==

http://www.sourcewatch.org/index.php/National_Federation_of_Independent_Business

National Federation of Independent Business (NFIB) is a powerhouse lobbying group (reporting $100 million in revenue in 2013)[1] that purports to represent small businesses, emphasizing the claim that they are "NOT a voice for big business."[2] However, the group has been shown to lobby on issues that favor large corporate interests and run counter to the interests of small businesses.[3][4] News reports have also found thatNFIB, which tells the IRS it is a "non-partisan" service organization, engages in partisan politics, and receives millions in hidden contributions.

Small business owners run the gamut politically. For instance, 33 percent identify as Republicans, 32 percent as Democrats, and 29 percent as Independent.[5] However, NFIB accepted a $3.7 million gift in 2010, and a further $1.4 million in 2012, from Crossroads GPS, a group affiliated with Republican political operative Karl Rove that overwhelmingly endorses and financially supports Republican candidates.[6][7] NFIB also received $1.5 million in 2012 from Freedom Partners, a behind-the-scenes organization that has been described as the "Koch brothers' secret bank," according to tax documents.[8]

Other notable contributions publicly disclosed by the donor include $135,783 in 2012 from the Center to Protect Patients Rights, a secretive organization now known as **American Encore** with intimate ties to the Koch brothers.[9] The Lynde and Harry Bradley Foundation, which has given to a wide range of conservative groups including the American Legislative Exchange Council(ALEC), has also provided financial support to NFIB.[10][11][12][13]

Koch Wiki
The Koch brothers -- David and Charles -- are the right-wing billionaire co-owners of Koch Industries. As two of the richest people in the world, they are key funders of the right-wing infrastructure, including the American Legislative Exchange Council (ALEC) and theState Policy Network (SPN). In SourceWatch, key articles on the Kochs include: Koch Brothers, Koch Industries, Americans for Prosperity, American Encore, and Freedom Partners.

In June 2012, Congress launched an inquiry into NFIB’s hidden sources of funding, which include large individual donations of over $1 million. NFIB has refused to disclose its donors, however.[6][14]

A 2006 report quoted NFIB members who said the group was inflating its membership size of 650,000.[15] NFIB now claims 350,000 members.[16]

While the average small business owner makes slightly over $100,000,[17] NFIB filings with the IRS show that CEO Dan Danner’s compensation in 2013 was $938,030.[1]

NFIB is involved with a campaign to lower the corporate tax rate by the Coalition for Fair Effective Tax Rates, along with the International Franchise Association and the Retail Industry Leaders Association, as of 2015. See below for more.

Entities associated with NFIB include the SBLC ("Small Business Legal Center"),[18] the Young Entrepreneur Foundation,[19] NFIB's Research Arm,[20] and its Political Action Committee SAFE Trust ("Save America's Free Enterprise Trust").[21]

Contents

  [hide] 

Lobbying Efforts that Counter the Interests of Small Business

Federal Lobbying Efforts

NFIB reported $1,088,000 in federal lobbying expenditures in 2014, $440,000 of which was spent through the firm Tompkins Strategies, and $120,000 each through Bluestone Strategies and Crossroads Strategies.[23]NFIB positions frequently run counter to the interests and priorities of small businesses. Scientifically-conducted national surveys of small business owners show that most small business owners support key provisions of health care reform, favor ending special tax breaks for the wealthy, support protecting clean air in local communities, and believe in promoting workplace safety -- all issues NFIB has lobbied against.[4][22]

Some of the key issues on which NFIB has done significant lobbying include:

State Lobbying Efforts

In addition, NFIB state operations work in close coordination with other business associations and corporations on multiple-state battles:

NFIB began in 1944 as a vigorous proponent of small business concerns, such as broad federal action to combat big business concentration and to prosecute antitrust violations -- items which have completely disappeared from NFIB’s present agenda.[35]

Collaboration with International Franchise Association

NFIB is a member of several pro-corporate coalitions organized by or tied to the lobbying powerhouse International Franchise Association (IFA), the board of which includes representatives of large corporations such as McDonald's, Yum! Brands, Coca Cola,PepsiCo, and Marriott International.

Coalition to Save Local Businesses

NFIB is a part of the Coalition to Save Local Businesses (CSLB), a coalition of pro-corporate organizations and trade associations, formed with the help of the IFA, that opposes the National Labor Relations Board (NLRB) "joint-employer rule" -- a ruling that holds large corporations that operate franchises jointly accountable with franchise owners for employment conditions.[36] To learn more, see the article on the Coalition to Save Local Businesses.

Coalition for a Democratic Workplace

NFIB is a member of the Coalition for a Democratic Workplace, an "alliance of industry groups opposed to federal legislation that would make it easier for workers to unionize," called the Employee Free Choice Act.[37]. Other members include the IFA and other major corporate lobbying organizations like the National Restaurant Association, National Retail Federation, U.S. Chamber of Commerce, and the National Association of Manufacturers. To learn more, see the article on the Coalition for a Democratic Workplace.

Coalition for Fair Effective Tax Rates

NFIB is a member and co-chair of the management committee of the Coalition for Fair Effective Tax Rates, which advocates for lowering the tax rates for corporations and other businesses, and NFIB president Dan Danner was listed as the primary contact for the coalition as of 2015. IFA is also a member and sits on the management committee. To learn more, see the article on the Coalition for Fair Effective Tax Rates.

Job Creators Network

NFIB is a "partner" of the Job Creators Network (JCN), an advocacy organization of corporate leaders founded by former Republican presidential candidate Herman Cain. JCN is best known for its "E2E" employee communications program, which encourages CEOs to pressure their employees to vote for and otherwise support a corporate political agenda. In 2015, it launched a web-based advocacy campaign, "Defend Main Street," which attacks the National Labor Relations Board's decision to consider McDonald's a "joint employer" of franchise employees. Defend Main Street's website was produced by "notorious astroturf pioneer" Richard Berman's PR firm, Berman & Co., according to reporting by Mother Jones.[38] To learn more, see the articles on the Job Creators Network and Defend Main Street.

Partisan Politics

NFIB's Lopsided Political Giving

Despite NFIB’s pattern of political giving that overwhelmingly favors Republican candidates, small business owners themselves do not follow an ideological or partisan skew. In a 2008 survey of small-business owners by American Express OPEN, 33 percent of the respondents identified themselves as Republicans, 32 percent as Democrats, and 29 percent as independent or claimed no party affiliation.[39]

[chart lopsidedd $ party]

In nine of the last ten election cycles, NFIB has given 90 percent or more of its political contributions to Republican candidates. In the 2014 election cycle, it reported $723,544 in contributions to Republican candidates and $15,000 to Democratic candidates, a 98 percent to 2 percent split.[40] The 2012 election cycle had nearly the same split; NIFB reported $670,543 in contributions to Republican candidates and $11,000 to Democratic candidates, a 98 percent to 2 percent split.[41]NFIB’s political giving has not been dispersed in a representative way.

This skew toward the GOP is longstanding. On the CRP's "Heavy Hitters" list of top all-time political donors since 1989, NFIB ranked third in terms of the percentage of contributions given to Republican candidates. Ninety-three percent of its contributions went to Republican candidates over this period. NFIB’s contributions are even more lopsided than the political spending of other well-known, well-funded lobbies, including Koch Industries (91 percent to Republican candidates), Exxon Mobil (86 percent to Republican candidates), and theNational Rifle Association (82 percent to Republican candidates).[42]

Bloomberg reported that: "NFIB reported spending more than $1 million on ads to help elect Republicans in 2010, as well as another $1.5 million that it kept hidden and said was exempt from requirements that it disclose campaign spending."[43]

In a 2006 report by a newspaper in the group’s hometown of Nashville, Tennessee, NFIB members criticized the group for GOP partisanship.[44]

Partisan Politics in the 2014 Election Cycle

NFIB was active in the 2014 election and has made a number of endorsements across the country, including for Rep. Tom Cotton (R-AK), who is challenging Sen. Mark Pryor (D-AK) for his seat; and for Gov. Nikki Haley (R-SC).[45][46]

All in all, the organization spent $1,409,688 in the 2014 election cycle through its Super PAC The Safe Trust; 99 percent went to Republican candidates.[47]

In a press release, President and CEO Dan Danner hailed the results of the midterm elections as a resounding success: "Small business owners believe overwhelmingly that Washington is principally responsible for the country's economic problems, and for that reason, a change of leadership in the Senate was crucial.[48]"

NFIB's Voice of Free Enterprise Collaborates with AHIP over Deceptive Ad in 2014 Elections

In December 2013, Voice of Free Enterprise (VFE), characterized as the advocacy arm of the NFIB, ran a television ad against incumbent Sen. Mark Pryor (D-AR), a lawmaker whose seat could determine the control of the Senate in the next Congress. The ad featured a small business owner from Little Rock, Arkansas, who criticized Pryor for his support for the Affordable Care Act.[49]The NFIB also collaborated with America’s Health Insurance Plans (AHIP) over a misleading issue ad in the 2014 election cycle, according to the New York Times.[49]

"We are a small business that has been part of the central Arkansas community for four generations," says the business owner in the ad. "What Obamacare means for Arkansas small businesses is tough choices, the mandates, the increased costs, the increased taxes."[49]

According to the Times article, however, "the largest chunk of money donated to the nonprofit group's advocacy effort came not from small-business owners, but rather from health insurance companies trying to repeal a health care tax, the most recently available federal tax records show."[49]

Those records indicate that $1.593 million of VFE's $4.9 million in revenue in 2012 came from an anonymous contributor. At the same time, AHIP reported spending $1.593 million on its advocacy efforts regarding health insurance reform. A representative of AHIP later confirmed that the health insurance trade group was the source of the unidentified donation, noting it announced its work with NFIB in a press release published in 2011.[49]

VFE also received $575,000 from Freedom Partners, the “de facto bank” for wealthy rightwing donors, founded by the Koch brothers.[50]

Nowhere does the ad disclose that VFE, the ad's sponsor, is in part funded by the health insurance industry -- which has a compelling finical interest to repeal taxes within the law -- and the Koch brothers. According to the New York Times, even the business owner featured in the ad was unaware of VFE's finances.[49]

Partisan Politics in the 2012 Election Cycle

National Federation of Independent Business

https://www.oyez.org/cases/2011/11-393

Facts of the case

Check out Oyez'sdeep-dive into the background of the Affordable Care Act cases.

Amid intense public interest, Congress passed the Patient Protection and Affordable Care Act (ACA), which became effective March 23, 2010. The ACA sought to address the fact that millions of Americans had no health insurance, yet actively participated in the health care market, consuming health care services for which they did not pay.

The ACA contained a minimum coverage provision by amending the tax code and providing an individual mandate, stipulating that by 2014, non-exempt individuals who failed to purchase and maintain a minimum level of health insurance must pay a tax penalty. The ACA also contained an expansion of Medicaid, which states had to accept in order to receive Federal funds for Medicaid, and an employer mandate to obtain health coverage for employees.

Shortly after Congress passed the ACA, Florida and 12 other states brought actions in the United States District Court for the Northern District of Florida seeking a declaration that the ACA was unconstitutional on several grounds. These states were subsequently joined by 13 additional states, the National Federation of Independent businesses, and individual plaintiffs Kaj Ahburg and Mary Brown.

The plaintiffs argued that: (1) the individual mandate exceeded Congress' enumerated powers under the Commerce Clause; (2) the Medicaid expansions were unconstitutionally coercive; and (3) the employer mandate impermissibly interfered with state sovereignty.

The District Court first addressed whether the plaintiffs had standing to bring the lawsuit. It determined that Brown had standing to challenge the minimum coverage provision because she did not have health insurance and had to make financial arrangements to ensure compliance with the provision, which would go into effect in 2014. The court further determined that Idaho and Utah had standing because each state had enacted a statute purporting to exempt their residents from the minimum coverage provision.

The court also concluded that the Anti-Injunction Act did not bar the suit.

The District Court then addressed the constitutional questions. It ruled that the individual mandate provision was not a valid exercise of Congress' commerce or taxing powers. The court held the entire act invalid because the mandate could not be severed from any other provision. The court dismissed the states' challenge to the employer mandates and granted judgment to the federal government on the Medicaid expansions, finding insufficient support for the contention that the spending legislation was unconstitutionally coercive.

A panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed 2-to-1 the District Court's holdings as to the Medicaid expansions and the individual mandate. But it also reversed the District Court, holding that the individual mandate could be severed without invalidating the remainder of the ACA.

==

GP 2013 2 mill$

==

http://sourcewatch.org/index.php?title=National_Federation_of_Independent_Business

The National Federation of Independent Business (NFIB) is a lobbying group that calls itself "the voice of small business."[1] However, the group has been shown to lobby on issues that favor large corporate interests and run counter to the interests of small businesses.[2][3] News reports have also found that NFIB, which claims to be non-partisan, engages in partisan politics, and receives millions in hidden contributions.

Small business owners run the gamut politically. For instance, 33 percent identify as Republicans, 32 percent as Democrats, and 29 percent as Independent.[4] However, NFIB accepted a $3.7 million gift in 2010 from Crossroads GPS, a group affiliated with Republican political operative Karl Rove that overwhelmingly endorses and financially supports Republican candidates.[5] According to new data compiled by the Center for Responsive Politics (CRP), in 2010 the NFIB Small Business Legal Center (SBLC) received $1.15 million from "conservative 501(c)(3) conduit group" Donors Trust, a major contributor to the Koch brothers' Americans for Prosperity Foundation. Other contributions include the Lynde and Harry Bradley Foundation, which gave to a wide range of conservative groups including the American Legislative Exchange Council (ALEC).[6][7][8][9]

In June 2012, Congress launched an inquiry into NFIB’s hidden sources of funding, which include large individual donations of over $1 million. However, NFIB has refused to disclose its donors.[5][10]

A 2006 report quoted NFIB members who said the group was inflating its membership size of 650,000.[11] NFIB now claims 350,000 members.[12]

While the average small business owner makes slightly over $100,000,[13] NFIB filings with the IRS show that CEO Dan Danner’s salary in 2011 was $743,676.

Entities associated with NFIB include the SBLC,[14] the Young Entrepreneur Foundation,[15] NFIB Research Foundation,[16] and the Political Action Committee SAFE Trust (Save America's Free Enterprise Trust).[17]

Lobbying Efforts that Counter the Interests of Small Business

Federal Lobbying Efforts

Rep. Grijalva Speaks for Transparency, Against Secret Money Buying Our Democracy

NFIB positions frequently run counter to the interests and priorities of small businesses. Scientifically-conducted national surveys of small business owners show that most small business owners support key provisions of the health care reform, favor ending special tax breaks for the wealthy, support protecting clean air in local communities, and believe in promoting workplace safety -- all issues NFIB has lobbied against.[3][18]

State Lobbying Efforts

In addition, NFIB state operations work in close coordination with other business associations and corporations on multiple-state battles:

NFIB began in 1944 as a vigorous proponent of small business concerns, such as broad federal action to combat big business concentration and to prosecute antitrust violations -- items which have completely disappeared from NFIB’s present agenda.[30]

NFIB Financing: Crossroads GPS and Donors Trust

According to an IRS filing, NFIB spent $2.9 million in 2010 to litigate the Supreme Court lawsuit against the Affordable Care Act. NFIB donations and grants paid $1.2 million of the costs, with $1.7 million reported as "contributed services" by the law firm litigating for NFIB.[31]

The year it launched the lawsuit against the health care law, NFIB received $3.7 million from Crossroads Grassroots Policy Strategies (better known as Crossroads GPS), a nonprofit group affiliated with Republican strategist Karl Rove.[32][33] The grant from Crossroads GPS was part of a $16 million grant program that served as a "trial run" for what Crossroads President Steven Law dubbed "funding the right."[34]

According to new data compiled by CRP, in 2010 the SBLC received $1.15 million from Donors Trust, a "conservative 501(c)(3) conduit group" and major donor to the Koch brothers' Americans for Prosperity Foundation (donating $7.65 million to AFP Foundation in 2010).[35][36] This $1.15 million from Donors Trust accounted for more than half of the SBLC's revenue that year.[37]

NFIB failed to disclose the sources of these and other large donations amounting to over $10 million in undisclosed six-figure contributions from 2010 to 2011. These include donations of $2.04 million, $1.65 million, and $1.2 million, amounts unlikely to have been donated by small business owners who, as NFIB itself acknowledges, often run shoestring operations.[37]

The SBLC also received a $100,000 contribution from the Lynde and Harry Bradley Foundation in 2010, explicitly marked in the Bradley Foundation's IRS filings "to support health-care litigation efforts."[38][39] The Bradley Foundation gave to a range of conservative groups in 2010, including $500,000 to Americans for Prosperity Foundation and $95,000 to ALEC.[40]

In contrast, in 2009, before NFIB launched its health care lawsuit, the biggest contribution to NFIB from an outside source was $21,000, and the biggest to the SBLC was $7,500.[37] Please see NFIB's Legal Arm for more.

NFIB's Partisan Politics in 2012

In July of 2012, NFIB announced a campaign in nine states against what it calls a "tidal wave" of regulations slated to take effect in 2013. The campaign is described as an issue education campaign, but the states -- Colorado, Florida, Iowa, Missouri, North Carolina, Nevada, Ohio, Pennsylvania, and Virginia -- are all presidential battleground states, and many have hotly contested Senate races.[41]

In August of 2012, NFIB announced a $2 million ad campaign to aid eight Republican House candidates in tight congressional races. They ran an ad in Nevada thanking Sen. Dean Heller and Rep. Joe Heck for "doing big things for small business", which you can listen to here. They also ran similar ads in: IL-­17 (Bobby Schilling); IA­-03 (Tom Latham); NY­-19 (Chris Gibson); CA­-07 (Dan Lungren); NC­-08 (attacking Larry Kissell to aid Richard Hudson); Maine­-02 (attacking Mike Michaud to aid Kevin Raye); and OH­-16 (Jim Renacci).[42]

Protestors at an NFIB bus tour event

In February 2012, Politico reported on NFIB's formation of "NFIB, The Voice of Free Enterprise, Inc," a new entity that "allows individuals and groups - who are not small businesses - to join its lobbying effort."[43] On October 8, 2012, NFIB's new Voice of Free Enterprise group disclosed spending $95,914 on mailings in 9 Senate races, including $10,453 for mailings opposing Claire McCaskill in the Missouri Senate race between McCaskill and Todd Akin. The other mailings were in Montana (supporting Denny Rehberg), Virginia (supporting George Allen), North Dakota (supporting Rick Berg), Connecticut (opposing Christopher S. Murphy), Wisconsin (opposing Tammy Baldwin), Ohio (supporting Josh Mandel), Florida (supporting Connie Mack), and Michigan (opposing Debbie Stabenow).[44]

In the 2012 election cycle overall, NFIB spent a total of $4,063,021 in outside spending, including $1,983,385 through its new "Voice of Free Enterprise" 501(c)(4) entity. Every dollar of its independent expenditures was spent either in support of Republican candidates ($2,583,943) or against Democratic candidates ($1,479,078).[45]

NFIB’s Lopsided Political Giving

Despite NFIB’s pattern of political giving that overwhelmingly favors Republican candidates, small business owners themselves do not follow an ideological or partisan skew. In a 2008 survey of small-business owners by American Express OPEN, 33 percent of the respondents identified themselves as Republicans, 32 percent as Democrats, and 29 percent as independent or claimed no party affiliation.[46]

Chart from Open Secrets showing NFIB's lopsided political spending.

NFIB’s political giving has not been dispersed in a representative way.

In nine of the last ten election cycles, NFIB has given 90 percent or more of its political contributions to Republican candidates. In the 2012 election cycle, it gave $670,543 to Republican candidates and $11,000 to Democratic candidates, a 98 percent to 2 percent split.[47]

This skew toward the GOP is longstanding. On the CRP's "Heavy Hitters" list of top all-time political donors since 1989, NFIB ranked third in terms of the percentage of contributions given to Republican candidates. Ninety-three percent of its contributions went to Republican candidates over this period. NFIB’s contributions are even more lopsided than the political spending of other well-known, well-funded lobbies, including Koch Industries (91 percent to Republican candidates), Exxon Mobil (86 percent to Republican candidates), and the National Rifle Association (82 percent to Republican candidates).[48]

Bloomberg reported that: "NFIB reported spending more than $1 million on ads to help elect Republicans in 2010, as well as another $1.5 million that it kept hidden and said was exempt from requirements that it disclose campaign spending."[49]

In a 2006 report by a newspaper in the group’s hometown of Nashville, Tennessee, NFIB members criticized the group for GOP partisanship.[50]

NFIB Leadership

NFIB’s President is Dan Danner. Nothing in Danner’s bio suggests he has ever been a small business owner. Rather, he has strong corporate and political credentials. He began his career as a lobbyist for the steel industry. Danner joined NFIB in 1993 and was appointed chief lobbyist in 1995.[51] He assumed the leadership of NFIB in February 2009.[52]

As NFIB's top lobbyist, Danner has attended meetings with Republican leaders at least twice a month for 12 years, according to the Washington Post, and Danner was called "the go-to guy for the House Republican leadership" by a congressional staffer in 2005.[51]

According to NFIB’s IRS filings, Danner made $743,676 in 2011.[53] Tax data show that 97 percent of small business owners earn less than $250,000 a year in take-home income[54] or close to just a third of what Danner earns as NFIB’s President.

At the beginning of 2012, the group retained Mark Warren, former chief counsel for the Senate Republican Policy Committee, as a lobbyist.[55] The lobbying team does not appear to include a formerly Democratic lobbyist.

For more of Danner's right-wing ties, as well as those of its DC staff like Susan Eckerly, Stephen P. Woods, and Jean Card, please see NFIB's Right Wing Ties.

Congressional Inquiry

In June 2012, the Progressive Caucus in the U.S. House of Representatives sent a letter to NFIB President Dan Danner questioning the group’s ties to "corporate-funded activist groups rather than small firms."[31]

Congressman Raul Grijalva later sent a letter to the IRS asking them to investigate NFIB’s tax-exempt status.[56] "Secrecy is not a small business value, nor is it in the interests of political integrity," Grijalva wrote. "If NFIB is determined not to say where its money comes from or who its members are, we must ask what the group is hiding."[56]

NFIB has refused to disclose its hidden donors to Congress.[57]

Controversy over Membership Size

In the mid-2000s, NFIB claimed 600,000 members, a number disputed by former NFIB leaders, who said the group inflated its size to maintain clout with Congress.[58]

Today, NFIB claims 350,000 members.[59]

Ties to the American Legislative Exchange Council

NFIB is a private-sector member of ALEC and has had representatives on ALEC's Civil Justice Task Force,[60] Health and Human Services Task Force,[61] and Tax and Fiscal Policy Task Force.[62]

About ALEC
ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC's operations. They pay for a seat on ALEC task forces where corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. Learn more at the Center for Media and Democracy's ALECexposed.org, and check out breaking news on our PRWatch.org site.

Other NFIB-ALEC Connections

ALEC has recently come under scrutiny and lost many of its corporate and non-profit members.[68] NFIB has not unaffiliated itself with ALEC.

Other Right Wing Ties

NFIB has a 14-member board of directors composed primarily of small and medium sized business executives,[69] but the heart of NFIB’s political operation is its DC office. NFIB's staff is headed by its president and CEO “Dan” Danner (whose background is discussed in detail above); Susan Eckerly, Senior Vice President for Federal Public Policy; Stephen P. Woods, senior vice president for state operations; and Jean Card, vice president for media and communications.[70] Danner, Eckerly, and Card have multiple ties to various right wing groups. Please see NFIB's Right Wing Ties for more.

NFIB's Legal Arm

NFIB's legal arm, the SBLC, spearheads the NFIB's legal assault on the Affordable Care Act ("Obamacare"). It is one of its three 501(c)(3) foundation arms.[71] Please see NFIB's Legal Arm for more.DUDLEY?

NFIB Opposition to Earned Sick Days

In addition to direct lobbying of lawmakers (see above), other NFIB anti-paid sick day campaign tactics include grassroots lobbying via email blasts to members encouraging them to contact lawmakers,[72] legislative updates,[73] economic reports -- in Colorado,[74] Illinois,[75] Massachusetts,[76] and other states -- and earned media outreach. Please see NFIB Opposition to Earned Sick Days for more.

Key Personnel

Board of Directors

NFIB's board members, as of September 2012, are:[77]

National Staff

NFIB's national leadership, as of September 2012, consists of:[78]

Contact Information

National Federation of Independent Business

53 Century Blvd, Suite 250

Nashville, TN 37214

Toll-Free: (800) 634-2669

Direct: (615) 872-5800

Web Form: http://www.nfib.com/contact-us

Web: http://www.nfib.com/

Essential Resources

Related SourceWatch Articles

PRWatch Articles on NFIB

NFIB in the News

References

  1. ↑ NFIB, NFIB, organizational website, accessed September 20, 2012.
  2. ↑ Jeffrey H. Birnbaum, A Quiet Revolution in Business Lobbying, The Washington Post, February 5, 2005.
  3. ↑ 3.0 3.1 American Sustainable Business Council, Main Street Alliance, and Small Business Majority, Opinion Survey: Small Business Owners’ Opinions on Regulations and Job Creation, February 1, 2012.
  4. ↑ Greg Robb Mandelbaum, Whom Does the N.F.I.B. Represent (Besides Its Members)? New York Times August 26, 2009.
  5. ↑ 5.0 5.1 Dan Eggen, Clash over financial disclosure escalates, spilling into presidential race The Washington Post, June 23, 2012.
  6. ↑ Center for Responsive Politics, "Top Organizations Disclosing Donations to NFIB", organizational website, accessed September 24, 2012.
  7. ↑ Viveca Novak and Robert Maguire, "Koch-Connected Group Shows Holes in Disclosure Requirements", OpenSecretsblog, March 5, 2012.
  8. ↑ Lynde and Harry Bradley Foundation, IRS form 990 for tax year 2010, accessed September 24, 2012.
  9. ↑ Lynne and Harry Bradley Foundation, Annual Report: 2010, accessed September 25, 2012.
  10. ↑ Frank Knapp, Jr., "Big money behind misinformation on healthcare law", The Hill, June 29, 2012.
  11. ↑ Sarah Kelley, "Size Matters: Just how big is the nation’s premier small-business lobby, really?," Nashville Scene, July 27, 2006.
  12. ↑ NFIB, "Members of Congress Honored as Guardians of Small Business by NFIB", organizational website, accessed September 25, 2012.
  13. ↑ KJ Henderson, The Average Income of Small Business Owners, Houston Chronicle, accessed September 2012.
  14. ↑ NFIB, Legal Center, organizational website, accessed September 9, 2012.
  15. ↑ NFIB, Young Entrepreneur Foundation, organizational website, accessed September 9, 2012.
  16. ↑ NFIB, Research Foundation, organizational website, accessed September 9, 2012.
  17. ↑ NFIB, Safe Trust, organizational website, accessed September 9, 2012.
  18. ↑ American Sustainable Business Council, Main Street Alliance, and Small Business Majority, National Opinion Poll: Small Business Owners’ Views on Taxes and How to Level the Playing Field with Big Business, February 6, 2012.
  19. ↑ Angus Loten, Lawmakers Question Small-Business Group's Funding, Wall Street Journal, June 14, 2012.
  20. ↑ Adam Liptak, Supreme Court Upholds Health Care Law, 5-4, in Victory for Obama, New York Times, June 28, 2012.
  21. ↑ Josh Harkinson, Meet the Front Group Leading the Fight Against Taxing the Rich: Does the National Federation of Independent Businesses really represent small business owners -- or billionaires?, Mother Jones, July 23, 2012.
  22. ↑ NFIB, Small Business Problems and Priorities, organizational website, accessed August 2012.
  23. ↑ NFIB coalition, Stop the HIT, coalition website, accessed August 2012.
  24. ↑ NFIB coalition, Small Businesses for Sensible Regulations, coalition website, accessed August 2012.
  25. ↑ Paul Sonn, The Fight for the Minimum Wage: State Legislatures Are Hard at Work Gutting Recently Passed Minimum Wage Hikes, American Prospect, June 1, 2007.
  26. ↑ Earl Hall, Family Leave, More Monmouth Musings, December 3, 2007.
  27. ↑ NFIB, NFIB Small Business Growth Agenda for the 112 Congress, organization website, accessed September 17, 2012, p. 24.
  28. ↑ Ann Sanner, Sides Spend Millions on Ohio’s Union-Limiting Law, Associated Press, October 27, 2011.
  29. ↑ Sean Cavanagh, Ohio Voters Reject Law Limiting Teachers' Collective Bargaining, Education Week, November 8, 2011
  30. ↑ Louis Stark, Grange Head Cool to Prince Inquiry, New York Times, August 14, 1947.
  31. ↑ 31.0 31.1 Angus Loten, Lawmakers Question Small-Business Group's Funding, Wall Street Journal, June 14, 2012.
  32. ↑ Heidi Przybyla and Jonathan D. Salant, [One Donor Gave One-Third of Pro-Republican Group's Funds], Bloomberg, April 17, 2012.
  33. ↑ John McDermott, Small Business Group Under Fire on Funding, Inc., June 25, 2012.
  34. ↑ Fred Barnes, The GOP's Answer to Union Money, Wall Street Journal, December 28, 2011.
  35. ↑ Viveca Novak and Robert Maguire, Koch-Connected Group Shows Holes in Disclosure Requirements, OpenSecretsblog, March 5, 2012.
  36. ↑ Center for Responsive Politics, Top Organizations Disclosing Donations to National Fedn of Independent Business, organizational website, accessed September 24, 2012.
  37. ↑ 37.0 37.1 37.2 Alliance for a Just Society and Public Campaign, IRS 990 Analysis: NFIB and NFIB Legal Center See Spike in Big Secret Cash as They Mount Challenge to Health Care Law, organizational report, June 26, 2012.
  38. ↑ Center for Responsive Politics, "Top Organizations Disclosing Donations to NFIB", OpenSecrets.org online campaign finance database, accessed September 24, 2012.
  39. ↑ Lynde and Harry Bradley Foundation, IRS form 990 for tax year 2010, accessed September 24, 2012.
  40. ↑ Lynne and Harry Bradley Foundation, [www.bradleyfdn.org/pdfs/Reports2010/2010AnnualReport.pdf Annual Report: 2010], accessed September 25, 2012.
  41. ↑ Anna Palmer and Dave Levinthal, Exclusive: NFIB to launch nine-state campaign -- Defense ponies up for Ayotte -- Journey to perform at RNC in Tampa -- Dems to fete Cherny at Stetsons -- Susskind to Bend the Arc, Politico, July 18, 2012.
  42. ↑ James Hohmann, Akin probably cannot save his campaign -- NFIB launches $2 million ad campaign -- Obama pushing education -- Republicans, Ryan driving on defense -- Isaac heads for Tampa, Politico, August 21, 2012.
  43. ↑ Anna Palmer and Dave Levinthal, NFIB launches 'Voice of Free Enterprise' - Dunn fights back - Hybrids up pace - Obama to get star power help at NYC fundraiser - Mica to K Street: Be mine, Politico, February 14, 2012.
  44. ↑ Center for Responsive Politics, NFIB The Voice of Free Enterprise Recipients, 2012, OpenSecrets.org outside spending in elections database, accessed October 10, 2012.
  45. ↑ Center for Responsive Politics, National Fedn of Independent Business, Outside Spending Summary 2012, OpenSecrets.org outside spending in elections database, accessed December 13, 2012.
  46. ↑ Greg Robb Mandelbaum, Whom Does the N.F.I.B. Represent (Besides Its Members)?, New York Times blog, August 26, 2009.
  47. ↑ Center for Responsive Politics, Heavy Hitters: National Federation of Independent Business, Open Secrets.org online campaign finance database, accessed December 13, 2012.
  48. ↑ Center for Responsive Politics, Heavy Hitters: Top All-Time Donors, 1989-2012 Open Secrets.org online campaign finance database, accessed December 13, 2012.
  49. ↑ Heidi Przybyla and Jonathan D. Salant, One Donor Gave One-Third of Pro-Republican Group's Funds, Bloomberg, April 17, 2012.
  50. ↑ Sarah Kelley, "Size Matters: Just how big is the nation’s premier small-business lobby, really?," Nashville Scene, July 27, 2006.
  51. ↑ 51.0 51.1 NFIB, National Leadership: Dan Danner, organizational website, accessed May 11th, 2012.
  52. ↑ Lobby League #37: Small Business, The Hill, May 25, 2005, archived by the Wayback Machine on March 25, 2006.
  53. ↑ NFIB, Form 990, organizational IRS filing, 2011
  54. ↑ Chuck Marr and Gillian Brunet, Extension of High-Income Tax Cuts Would Benefit Few Small Businesses; Jobs Tax Credit Would Be Better, Center on Budget and Policy Priorities, August 2010.
  55. ↑ Congressional Lobbying Registration: Mark Warren, January 26, 2012.
  56. ↑ 56.0 56.1 Dan Eggen, Clash over financial disclosure escalates, spilling into presidential race, Washington Post, June 23, 2012.
  57. ↑ Elahe Izadi, The Secret Money Behind the Health Care Challenge, National Journal, June 26, 2012.
  58. ↑ Sarah Kelley Size Matters: Just how big is the nation’s premier small-business lobby, really? Nashville Scene, July 27, 2006.
  59. ↑ NFIB, Stakes are High in Health Care Debate, organizational press release, accessed September 13th, 2012.
  60. ↑ American Legislative Exchange Council, Civil Justice Task Force Member Directory, organizational document, June 30, 2011, document obtained and released by Common Cause, accessed September 2012.
  61. ↑ American Legislative Exchange Council, Making Health Care Accessible and Affordable for All Americans, organizational website, January 1993, available via the Tobacco Library.
  62. ↑ American Legislative Exchange Council, Tax and Fiscal Policy Task Force 35 Day Mailing (includes minutes from 2010 Task Force meeting), organizational document, March 31, 2011, obtained and released by Common Cause, accessed September 2012.
  63. ↑ American Legislative Exchange Council, "Solutions for the States," 38th Annual Meeting agenda, on file with CMD, August 3-6, 2011.
  64. ↑ Fi-Plan Partners, Rosemary Elebash: National Federation of Independent Business Alabama State Director, business website, accessed May 12, 2012.
  65. ↑ NFIB, Welcome New NFIB Staff Members, organizational newsletter, accessed September 12, 2012.
  66. ↑ Peter Baker, GMU Defends Journal against "Pork" Label: Conservative Group Gets Most of U.S. Grant, Washington Post, March 6, 1993.
  67. ↑ NFIB Small Business Legal Center, Small Business Advisory Board, organizational website, accessed September 2012.
  68. ↑ Rebekah Wilce, Merck and Wells Fargo Dump ALEC, while Duke Energy Holds Out, PRWatch.org, September 14, 2012.
  69. ↑ NFIB, Board Members, organizational website, March 14, 2012.
  70. ↑ NFIB, National Leadership, organizational website, March 14, 2012.
  71. ↑ NFIB Small Business Legal Center, Form 990 (Part 1 and Part 2), organizational IRS filing, 2010.
  72. ↑ NFIB, "Take Action! Tell Legislators to Oppose Sick Leave Mandate", organizational website, accessed September 16, 2012
  73. ↑ NFIB, "Paid Sick Leave on September Agenda", organizational website, accessed September 16, 2012
  74. ↑ NFIB, "Cost of a Paid Sick Time Mandate in Colorado", organizational website, accessed September 16, 2012
  75. ↑ NFIB, "The Cost of Mandatory Sick Leave in Illinois", organizational website, accessed September 16, 2012
  76. ↑ NFIB, "Effects of Mandatory Paid Leave Mandate on Massachusetts Small Businesses", organizational website, accessed September 16, 2012
  77. ↑ NFIB, Board Members, organizational website, accessed September 2012
  78. ↑ NFIB, National Leadership, organizational website, accessed September 2012

Categories:

Legal arm?

The National Federation of Independent Business (NFIB) is a lobbying group that calls itself "the voice of small business."[1] However, the group has been shown to lobby on issues that favor large corporate interests and run counter to the interests of small businesses.[2][3] NFIB is best known for its legal attack on the Affordable Care Act ("Obamacare") and for spearheading the opposition to President Clinton's health care reform package in 1993.

:{

When it finally was launched in 2000 with an initial budget of $300,000, the NFIB Legal Foundation was able to attract two legal heavy-hitters to its advisory board: former Commodity Futures Trading Commission chair }:Wendy Lee Gramm (who founded the Mercatus Center at George Mason University, funded by the Koch brothers); and C. Boyden Gray, the former White House Counselor for the George H.W. Bush administration and an important architect of the right wing's principal legal networking organization, the Federalist Society.[6] C. Boyden Gray remains on the board of directors of the Federalist Society.NFIB has a legal arm called theNFIB Small Business Legal Center (SBLC). The SBLC spearheads the NFIB's legal assault on the Affordable Care Act ("Obamacare"). It is one of its three 501(c)(3) foundation arms.[4] Formed in January 1994 as the NFIB Legal Foundation, the litigation arm took years to get off the ground, possibly because of funding and turf issues. (The U.S. Chamber of Commerce has a well-funded litigation arm, the Institute for Legal Reform, which had a budget of $42.5 million in 2010; and theWashington Legal Foundation, with a 2009 budget of $2.7 million, has played a leading role in antiregulatory strategic litigation for years).[5]

NFIB Legal Foundation's first executive director was Thomas M. Sullivan, who had been NFIB's regulatory counsel since 1998. Three years later Sullivan was appointed by President George W. Bush to serve as chief counsel for advocacy at the Small Business Administration.[7] After assuming his new post, he gave an NFIB gathering this description of the nations capital: "[I]n Washington, it's all about power brokers, lobbyists and trade associations and members of Congress."[8]

Click here for the *SourceWatch* main page on the National Federation of Independent Business (NFIB).

Contents

  [hide] 

NFIB Battles Legal Protections for Workers, Women, and the Environment

The first president of the NFIB Legal Foundation, Jack Faris, laid out the group's key initial targets -- not concerns about anti-trust issues and big business concentration, NFIB's original focus, but "inequities in the Americans with Disabilities Act regulations, Environmental Protection Agency clean air rules, and Occupational Safety and Health Administration requirements."[9] Its first case in 2000 was an effort to block a Clean Water Act rule issued by the Army Corps of Engineers.[10]

Later in 2000 the NFIB Legal Foundation joined a lawsuit challenging a regulation issued by OSHA designed to reduce repetitive-motion stress injuries.[11] The case became moot in 2001 when Congress passed legislation repealing the OSHA ergonomics rule. The NFIB Legal Foundation claimed credit for having forced the repeal.[12]

James Bopp Jr.

Leadership

Executive Director Harned also serves as advisor on small business issues to the Litigation Practice Group of the Federalist Society. The practice group's tort and liabilities subcommittee's co-chair, Mark A. Behrens of Shook, Hardy and Bacon, sits on the advisory board of NFIB Small Business Legal Center. The group's immediate past chair is Marsha Rabiteau, associate general counsel for legal reform at Koch Industries, Inc.[20]In 2007, the NFIB Legal Foundation changed its name to the NFIB Small Business Legal Center (SBLC). Its executive director since April 2002 has been Karen R. Harned, who previously was an attorney for Olsson Frank Weeda, where she lobbied on food and drug issues. Senior executive counsel is Beth Milito, a former Veterans Administration attorney. In 2009 Milito claimed that legislation overturning the Lily Ledbetter Supreme Court decision would place "more burdens on employers in terms of in-house costs, keeping more records and outside legal fees. It's going to be costly for businesses."[19]

Funding

The budget for SBLC has grown from $200,000 in 2000[23] to over $2.2 million in 2010.[24] It more than doubled between 2009, when it was $967,803,[25] and 2010, when it surged to $2,202,992.[24] A major increase in the group's expenditures consisted of legal fees of $1,073,242 paid to Baker Hostetler in 2010;[26] that firm represented NFIB and 26 states in their federal lawsuit challenging the constitutionality of the Affordable Care Act.From 2003-2004, NFIB's Small Business Legal Center received $88,000 in funding from the Koch-controlled Claude R. Lambe Foundation.[21] SBLC also received $100,000 from the Lynde and Harry Bradley Foundation, the leading foundation funder of the right-wing think tank infrastructure. The donation came in the run-up to the fall 2010 congressional elections and just as SBLC's healthcare litigation was ramping up.[22]

On its 2010 tax return, SBLC reported receiving $282,548 from a related organization (presumably NFIB Inc.) and $1,875,892 in contributions, gifts and grants.[27] The previous year's grants total was $559,573.[25] The additional amount in 2010 more than covers SBLC's legal fees that year to Baker Hostetler. It is not clear who provided the extra funding to support the group's legal expenses in its challenge to the healthcare law up through the Appeals court and Supreme Court, and to pay for the legal work being done by Jones Day attorneys Michael A. Carvin and Gregory Katsas as they prepared for and argued the case before the Supreme Court in March 2012.

President Dan Danner told the Wall Street Journal that the healthcare litigation cost NFIB $2.9 million in 2010 alone, with about $1.6 million coming from "'contributed services,' referring to an agreement with an outside law firm to handle the case."[28]

As a 501(c)(3), SBLC is not required to disclose the source of its funding. The group has so far refused to disclose the source(s) of the additional funding for the healthcare litigation.

Questions have also arisen about the propriety of SBLC's paying the lion's share for litigation involving 26 states. "My concern is if it's a lawsuit on behalf of the people of Florida, then I would believe it should be the people of Florida footing the bill," state Rep. Mark Pafford, D-West Palm Beach, told the Palm Beach Post. "When you have an outside party paying, then every aspect of the AG's office might be up for sale. This type of thing raises all kind of red flags."

"I'm not sure most voters understand that a lawsuit by their states is being funded by an ideological organization with an issue ax to grind," Ethan Rome, executive director of Health Care for America Now, told the newspaper. "In this case there appears to a serious perversion of the process."[29]

The Advisory Board

SBLC has a 14-member advisory board[30] consisting of some of the nation's top corporate-side experts in workplace litigation and opponents of regulation. NFIB's chief lobbyist Susan Eckerly and Nelson Mullins attorney Thomas Sullivan are also on the advisory board. Selected members include:

Melissa A. Bailey

Melissa A. Bailey: Bailey is the managing shareholder of the DC office of Ogletree Deakins, one of the most prominent anti-union law firms in the country. She boasts of her extensive success in turning back OSHA lawsuits for corporate clients.[31]

Her colleague, Harold Coxson, also based in DC, chairs Ogletree's government relations practice and is executive director of the Tuesday Group, an "informal organization" of 35 national trade associations "involved in workplace issues."[32] He has lobbied on behalf of the Chamber of Commerce on the Employee Free Choice Act and on NLRB confirmations.[33]

Ogletree advertises its ability to help companies in "maintaining union free status," and boasts of its "extensive experience representing management in union representation campaigns." Most of its clients "go year after year without experiencing a union election." Ogletree says that its services extend "from union card signing activity and traditional union campaigns involving NLRB elections, to campaigns involving various levels of neutrality, to multistate and even global attacks." Their experience, they say, "has familiarized us with the broad spectrum of union organizing tactics."[34]

Maurice Baskin: Baskin is the chair of Venable's Labor and Employment Law Practice Group. He spearheaded a key 2002 Supreme Court case, BE&K v. NLRB, that reversed an NLRB ruling that a company had interfered with a union's organizing drive. Baskin has served on the U.S. Chamber of Commerce's labor relations committee, and represented the Associated Builders and Contractors (ABC) in employment-related matters.[35]

Mark A. Behrens: As noted above, Behrens, of Shook, Hardy and Bacon, co-chairs the tort and liabilities subcommittee of the Federalist Society's Litigation Practice Group, whose immediate past chair is Marsha Rabiteau, associate general counsel for legal reform at Koch Industries, Inc. Behrens is an advisor to theAmerican Legislative Exchange Council's Civil Justice Task Force, and serves on the Washington Legal Foundation's Legal Policy Advisory Board.[36] Behrens authored an amicus brief on behalf of NFIB and other organizations in the Paz v. Brush Engineered Materials case, challenging medical monitoring for toxic substances in the workplace.[37]

Susan E. Dudley: A former head of the Regulatory Studies Program at George Mason University's Koch-funded Mercatus Center, Dudley now directs the George Washington University Regulatory Studies Center. Before going to GWU, she was appointed head of the Office of Information and Regulatory Affairs by President George W. Bush. According to the Los Angeles Times, Dudley was one of three people previously blocked by Congress from holding environment-related positions "because of their pro-industry views."[38]

Leonard Leo: Leo is head of the lawyers division and executive vice president of the Federalist Society,the right wing's principal legal networking organization. He played a key role in the George W. Bush administration in vetting nominations to the U.S. Supreme Court.

Tammy McCutchen: McCutchen, a shareholder at Littler Mendelson, was administrator of the wage and hour division at the U.S. Department of Labor, where she radically expanded the number of occupations and positions that were exempt from wage and hour rules and weakened overtime pay rules. McCutchen is the former chair and now a special adviser to the Federalist Society's Labor & Employment Practice Group (now chaired by Eugene Scalia, son of Supreme Court justice Antonin Scalia, member of the executive committee and chair of the labor employment group at Gibson, Dunn and Crutcher).[39]

Edwin Meese III: Meese, the former attorney general under President Reagan, has spent the past two decades as chair of the Center for Legal and Judicial Studies of the Heritage Foundation. The Heritage Foundation, which lined up with NFIB to fight the Clinton healthcare plan in the 1990's and is again fighting the Affordable Care Act,[40] has waged a sustained battle against guaranteed paid sick days, federal parental leave, federal employee pay levels and labor organizing rights.[41] Heritage's director of editorial services, James Weidman, is a former deputy director of regional media communications for NFIB.[42]

Howard M. Radzely: Radzely was Deputy Secretary of Labor from December 2007 to February 2009, and before that solicitor in the Labor Department, where he was supervised by Eugene Scalia. He is now at Morgan Lewis. The Government Accountability Project and Public Employees for Environmental Responsibility (PEER) opposed his nomination to be labor solicitor, citing his "hostility to whistleblowers" and "abdication of responsibility for labor law violations against state employees."[43]

Essential Resources

Related SourceWatch Articles

PRWatch Articles on NFIB

NFIB in the News

References

  1. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB, NFIB, organizational website, accessed September 20, 2012.
  2. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Jeffrey H. Birnbaum, A Quiet Revolution in Business Lobbying, The Washington Post, February 5, 2005.
  3. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ American Sustainable Business Council, Main Street Alliance, and Small Business Majority, Opinion Survey: Small Business Owners’ Opinions on Regulations and Job Creation, February 1, 2012.
  4. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB Small Business Legal Center, Form 990 (Part 1 and Part 2), organizational IRS filing, 2010.
  5. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ U.S. Chamber of Commerce Institute for Legal Reform, 2010 IRS Form 990, p. 1; Washington Legal Foundation, 2009 IRS Form 990, p. 1.
  6. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Louis Jacobson, "Small Business Group to Bring Lawsuits Against Agencies," Government Executive, March 17, 2000.
  7. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Sullivan's law firm still has NFIB as a client and he is on the NFIB Small Business Legal Center's advisory board. He also recently registered as a lobbyist for his law firm for the U.S. Chamber of Commerce. Sullivan is now of counsel at Nelson Mullins and heads the Small Business Coalition for Regulatory Relief.
  8. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ David Milstead, "SBA Official Urges Contacts," Rocky Mountain News, June 4, 2003, available from Highbeam.com via subscription, accessed September 2012.
  9. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Jack Faris, "Small Business Gets A Lawyer," Treasure Coast Business Journal, May 1, 2000, accessible by subscription via Nexis.com, accessed September 2012.
  10. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ "Senator Bond Applauds NFIB Legal Foundation's First Lawsuit," U.S. Newswire, June 29, 2000.
  11. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Jonathan Riskind, "Brown to Fight Mexican Truck Ruling," Crain's Cleveland Business, December 11, 2000, accessible by subscription via Highbeam.com, accessed September 2012.
  12. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB, "NFIB v. OSHA-NFIB Forces Repeal of Costly Ergonomics Rule," organizational website, accessed September 2012.
  13. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ "Proskauer Rose Files Amicus Brief in Major Employment Discrimination Case Now before the U.S. Supreme Court," Business Wire, February 14, 2006.
  14. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Miles Moore, "High Court Favors Goodyear in Pay Discrimination Suit," Tire Business, June 4, 2007, accessible by subscription via Highbeam.com, accessed September 2012.
  15. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Elizabeth Gaudio, "ADA Tax Breaks Help Small Businesses Stay Accessible," Magic City Morning Star, May 24, 2007.
  16. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Karen R. Harned and Elizabeth A. Gaudio, "The ADA Opening Doors for the Plaintiff's Bar: How Ambiguities in Title III Inhibit Access, Increase Litigation, and Hurt Business," Engage (Federalist Society), Volume 7, Issue 1, March 2006.
  17. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB, "Victory for Small Business: Court Rejects Maryland 'Wal-Mart' Law," organizational website, accessed September 2012.
  18. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ See NFIBLF's amicus brief in Davenport v. Washington Education Association, November 8, 2006. The American Legislative Exchange Council also submitted an amicus brief in the case. On Bopp see Stephanie Mencimer, "The Man Behind Citizens United Is Just Getting Started: Meet The Lawyer Who Could Turn Our Elections Upside Down," Mother Jones, May/June 2011.
  19. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Eliot Caroom, "Ledbetter Law Will Increase Suits," Inc. magazine, February 23, 2009.
  20. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Federalist Society, "Litigation Practice Group Executive Committee," Accessed March 19, 2012.
  21. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Claude R. Lambe Foundation, IRS Forms 990 for 2003 and 2004.
  22. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Lynde and Harry Bradley Foundation, IRS Form 990, 2010, pp. 72-73.
  23. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB Small Business Legal Center, Form 990, organizational IRS filing, 2000
  24. ↑ ^Jump ^up to:24.0 24.1 NFIB Small Business Legal Center, Form 990, Part 1, organizational IRS filing, 2010, p 1
  25. ↑ ^Jump ^up to:25.0 25.1 NFIB Small Business Legal Center, Form 990, organizational IRS filing, 2009
  26. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB Small Business Legal Center, 2010 IRS Form 990, part 2, p. 32.
  27. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB Small Business Legal Center, Form 990, Part 1, organizational IRS filing, 2010, p. 9.
  28. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Sarah E. Needleman and Angus Loten, "A Small-Business Lobby's Million-Dollar Legal Assault," Wall Street Journal, March 27, 2012.
  29. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Charles Elmore, "Lobbying Group Picks Up Costs Of Florida's Health-Care Legal Challenge," Palm Beach Post, February 19, 2011.
  30. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB Small Business Legal Center, "Small Business Advisory Board," accessed March 8, 2012.
  31. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Ogletree Deakins, "Attorney Bio-Melissa A. Bailey," accessed March 13, 2012.
  32. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Ogletree Deakins, "Attorney Bio--Harold P. Coxson, Jr.," accessed March 13, 2012.
  33. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Congressional Lobbying Report, Ogletree Government Affairs, Inc., 2nd Quarter, 2010.
  34. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Ogletree Deakins, Traditional Labor Relations Practice Group," brochure, accessed March 13, 2012.
  35. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ NFIB Small Business Legal Center, "Small Business Advisory Board," accessed March 8, 2012; Venable, "Maurice Baskin."
  36. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Federalist Society, "Litigation Practice Group Executive Committee," Accessed March 19, 2012; Shook, Hardy and Bacon, "Mark A. Behrens," accessed March 13, 2012.
  37. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Behrens discussed the case in an article in a Federalist Society publication: Mark A. Behrens, "Fifth Consecutive State High Court Rejects Medical Monitoring," Engage, Volume 8, Issue 1 (2007).
  38. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Judy Pasternak, "Bush Backs Shunned Nominees: His Three Choices for Jobs Dealing with the Environment Were Previously Blocked as Pro-Industry," Los Angeles Times, April 1, 2007; see also Public Citizen and OMB Watch's extensive report, "The Cost Is Too High: How Susan Dudley Threatens Public Protections."
  39. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Federalist Society, "Labor & Employment Practice Group Executive Committee," accessed March 19, 2012.
  40. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Heritage is running a Facebook petition drive against the healthcare law, and hosted NFIB Legal Center executive director Karen Harned for an interview in its "Scribecast" podcast series.
  41. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ See, e.g., James Sherk, "Mandatory Paid Sick Leave: The Heritage Foundation 2010 Labor Boot Camp," January 14, 2010; James Sherk, "Congress Should Consider Alternatives to Mandatory Paid Sick Leave," May 15, 2007; and James Sherk, "Female Workers Will Pay Price for Federal Parental Leave Act," June 18, 2008.
  42. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ Heritage Foundation, "James Weidman: Director, Editorial Services," accessed March 19, 2012.
  43. :{Jump up:(style="top:-99999px;clip:rect(1px 1px 1px 1px);overflow:hidden;position:absolute !important;padding:0px !important;border:0px !important;height:1px !important;width:1px !important"):}:↑ "Joint Opposition Letter by the Government Accountability Project and Public Employees for Environmental Responsibility," July 25, 2003.

Categories: 

Attachments