SPRING 2011

26 THE DISTRIBUTOR’S

26 THE DISTRIBUTOR’S LINK Jim Truesdell James Truesdell is president of Brauer Supply Company, a distributor of specialty fasteners, insulation, air filtration, and air conditioning with headquarters in St. Louis. Mr. Truesdell is adjunct professor at Saint Louis University and Webster University. An attorney and frequently published writer, he is the author of “Total Quality Management: Reports From the Front Lines”. BUSINESS COMES TOGETHER TO FIGHT CRIPPLING REGULATIONS It would seem that, with the November 2010 election results, the threat of a massive legislative assault on business has receded. Indeed, the Administration has gone to great lengths to appear in synch with the needs of businesses large and small. The President has replaced some of his inner circle of advisors with those who may be a bit more even-handed when it comes to the role of business as a key to any economic recovery. The problem is that new rules and regulations can still come down through the countless government agencies which have been empowered to make law setting standards and controlling conduct of businesses large and small. These agencies are past the point of needing congressional stamps of approval and are often staffed with those who philosophically view business enterprises and the entrepreneurs who run them as exploiters of workers and despoilers of the environment. Agencies often take on a life of their own and build their own power through overreaching regulations and harsh enforcement. They operate “under the radar” and can overwhelm the resources of small businesses who must figure out how best to comply with their edicts. Recognizing this, the Coalition for a Democratic Workforce, the group which was organized to oppose the notorious “card check” legislation (fortunately now sidetracked), has redefined its mission to focus on fighting regulations which take away the rights of business people to manage their own workplaces. With the resources of numerous trade associations such as the U.S. Chamber of Commerce, the National Federation of Independent Businesses, the National Association of Wholesaler-Distributors and numerous manufacturer and commodity line associations, this Coalition has responded to the call of House Speaker John Boehner to provide evidence and information for oversight hearings designed to ensure that government agencies are spending taxpayer money wisely. With the new House majority, Boehner will coordinate committee oversight and planning and strategy. They will be packaging findings of the planned hearings for bills designed to reverse momentum on agency rules where they are found to be counter-productive to the economic recovery. Ultimately these findings will be coordinated with governors to help fight regulation on the state level. From a legislative standpoint there will be moves to strengthen and expand the Small Business Regulatory Enforcement and Flexibility Act to expand into areas and agencies affecting small business. The existing law provides safeguards and checkpoints for identifying and putting restrictions on adverse impacts of proposed regulations. In February, testimony began in the House Committee on the Judiciary Subcommittee on Courts, Commercial and Administrative Law. The NFIB’s Small Agencies often take on a life of their own and build their own power through overreaching regulations and harsh enforcement. Business Legal Center representative argued that please turn to page 117