MyVoice

NFIB Expands Suit Against NLRB
Washington is at it again. After the president’s recess appointments of three new members to the National Labor Relations Board, we have reason to be concerned about what the pro-union agency has in store for the small business community.

Last year, NFIB sued the NLRB for acting outside its authority by requiring 6 million businesses, starting April 30, 2012, to display a poster telling employees about their rights to unionize. On Jan. 13, we expanded our lawsuit and directly challenged the unconstitutional recess appointments of three new NLRB members. These members were appointed when the U.S. Senate was still in session and, as a result, we believe these appointments are invalid. If we prevail in our challenge of these appointments, the NLRB will no longer have the quorum it needs to conduct business.

Small business owners have been suffering under the pro-union rule-makings handed down by an NLRB that is failing in its mission to be a neutral arbiter between labor and employers.

We know that the small business community is particularly vulnerable to accidental violations. You’re busy running your businesses and the ever-increasing regulatory compliance burden most often falls to you and not to dedicated compliance staff like big businesses have. Your needs are unique, and because you create nearly two-thirds of jobs in the United States, your voice must be heard. Washington may be at it again, but NFIB is fighting on your side.

We Show You How to Run for Office
If you are a small business owner who is considering a run for office, NFIB has candidate resources to help you on your way.

Start by downloading The Business Candidate: The Basics on Business Owners Running for Office, NFIB’s guide to running a successful campaign. Topics include setting up your team, defining your message, fundraising and more.

Find it at www.NFIB.com/documents/pdf/issues/BusinessCandidate.pdf.

TIMELINE: NLRB’s Recent Worst Moves

April 20, 2011
The NLRB accuses Boeing Co.
of violating federal labor law for building an assembly plant in
South Carolina, a right-to-work state. The board dropped the
complaint Dec. 9.

Aug. 25, 2011
The NLRB requires private employers to hang a poster that notifies employees of their right to unionize. On Dec. 27, in response to NFIB’s lawsuit that challenged the rule, the NLRB delayed implementation of the rule until April 30, 2012.

Dec. 21, 2011
The NLRB shortens the time it takes for workers to organize and elect union members, giving employers less time to react. The Coalition for a Democratic Workforce, of which NFIB is a part, filed suit that day.

Jan. 4, 2012
Circumventing the congressional appointment process, Pres. Obama appoints three individuals to the board. NFIB challenged these appointments in court on Jan. 13.

Healthcare Update
Feds Punt Definition of ‘Essential Health Benefits’ to States
Small business still in the dark about cost sharing

The federal government plans to leave a key provision of the federal healthcare law up to the states.

The “Essential Health Benefits” clause, lobbied for by consumer groups, forces insurers to provide a minimum level of coverage to their subscribers in 10 areas, including maternity care, prescription drugs, mental health, rehabilitation and pediatric care. The way the law was written, Congress left it up to Secretary of Health and Human Services Kathleen Sebelius to define minimum coverage (i.e., which procedures and services should be covered, and how often).

In December, however, Secretary Sebelius announced the federal government will not specifically define “essential health benefits” and is instead asking each state to choose an existing insurance plan in their state as a benchmark for their citizens. (They can choose among four benchmarks, such as “the largest HMO plan offered in the state’s commercial market.”) This definition would only last for two years as HHS plans to revisit the benchmarking process in 2016, cleverly buying time while delaying a costly regulation before the November election. 

The EHB definition is especially important to small business because it will determine the affordability of insurance. States could set minimum coverage at a prohibitively high cost to employers. And the cost disparity between small and large businesses will likely increase: Remember, the large employer market and union health plans are left largely untouched under the Patient Protection and Affordable Care Act, and thus are not required to offer a minimum level of benefits.

The Department of Health and Human Services also issued no guidance on cost sharing—including copayments and deductible requirements—a key indicator of plan affordability for small employers and individuals. However, at any time HHS could dictate new requirements for cost sharing.

While we anxiously await further guidance on EHB and cost sharing, some of the decisionmaking will now transfer to state Capitols. We would like to hear from you: How will a cost increase in your health insurance affect your small business? Email NFIB’s Director of Federal Public Policy Amanda Austin at amanda.austin@NFIB.org.

Headed to a Presidential Convention This Summer?
NFIB encourages and appreciates the involvement of our members in the political process. If you are participating in a presidential nominating convention as a delegate or volunteer, we’d like to hear from you. Drop us an email at political@NFIB.org.

Is Tax Reform Possible in an Election Year?
In his January State of the Union address, Pres. Obama touted raising taxes on higher income taxpayers, including small business owners who file as individuals and reinvest much of their earnings back into their businesses. But could tax reform happen in a politically charged election year?

Any heavy policy lift—let alone one as hefty as rewriting the federal tax code and its 3 million words—will likely be sidestepped by skittish lawmakers this year, said NFIB’s Manager of Legislative Affairs Matt Turkstra. 

“It’s going to be a big challenge when you don’t have a partner in the White House,” Turkstra said.

Turkstra said Michigan Rep. Dave Camp, who chairs the House Committee on Ways and Means, is committed to tax reform and is willing to entertain proposals that comprise changes to both the personal and corporate codes.

For his part, Camp is pushing back against the president’s proposals. “They are nothing more than the usual Washington game that has led to a tax code already littered with lobbyist loopholes,” Camp said. “Washington needs to get out of this game of picking winners and losers.”

Spotlight on the 112th Congress: U.S. Sen. Scott Brown
in our continuing series, we interview u.s. sen. scott brown, a former small business owner serving Massachusetts.

Q: Are there certain skills or experiences that you take from your professional background in the private sector and apply in your role as a public official?

A: I was a small business owner for nearly 20 years and whether it was serving as the town assessor for my hometown of Wrentham or as a U.S. senator, I have carried that small business mindset with me. I owned a one-man shop for real estate law and there were plenty of times where it was just me trying to figure out how I was going to make things work. Now I’m thankful to have that background as we work here in the Senate to find ways to create jobs and grow our economy. 

The best way to encourage growth is not through raising taxes on businesses, but instead to create a safe and stable environment for businesses to grow and expand. I know firsthand that burdensome regulations can stifle Main Street. What small businesses crave is certainty about what’s coming next. We need to get out of our own way to allow small businesses to step up. 

Q: How do you seek feedback and stay connected to the small business community in Massachusetts?

A: I have toured hundreds of small businesses in Massachusetts since being elected in 2010. I get to hear firsthand what makes these organizations successful, or what challenges they are facing, and how we can work together. As a member of the Small Business Committee, I invite Massachusetts small business owners to come to Washington and tell us what we need to be doing better. I also have held a number of roundtable discussions throughout the state, focusing on various issues such as minority-owned business challenges and access to capital. 

The most important thing I do is listen. When a high-tech company from Cambridge told me about the bureaucratic paperwork burdens and overregulation it experienced while applying for Small Business Innovation Research awards, I proposed an amendment to legislation that was ultimately accepted, reducing this burden and incentivizing agencies to respond to small businesses more quickly.

Q: What are your thoughts regarding the federal deficit and how Congress should address government spending?

Today, we are in a fiscal emergency and need to remember that Washington does not have a revenue problem, it has a spending problem. In order to be fiscally responsible and good stewards of taxpayer dollars, there should be accountability. Accountability involves greater transparency, and to that end, taxpayers should know where their tax dollars go. I’ve introduced bipartisan legislation to require the IRS to provide every taxpayer with a “taxpayer receipt,” so Americans know how Washington is spending their hard-earned money.

Oral Arguments Heard in NFIB’s Healthcare Lawsuit
On March 26, the U.S. Supreme Court began hearing oral arguments from NFIB and Justice Department attorneys in the case National Federation of Independent Business v. Sebelius. The suit, which was brought by NFIB’s Small Business Legal Center, seeks to overturn the Patient Protection and Affordable Care Act, the healthcare reform law passed in 2010. The act has been hotly contested by NFIB, 26 states and the small business community since it was first introduced in Congress.

While we wait for a decision in June, you can follow the case, including breaking news, briefs and video coverage, at www.NFIB.com/lawsuit.

Mark Your Calendar: NFIB Small Business Days at the Capitol
It’s the date with the biggest circles around it for elected state officials and policymakers: NFIB’s annual Small Business Day at the Capitol.

This is your opportunity to talk directly with the people who affect your business, to hear from public policy experts, and to share ideas with fellow small business owners. To find out when NFIB is hosting this year’s event in your state, go to www.NFIB.com/nfib-in-my-state.