Day on the Hill 2009 Group Photo

AWMA members on their way to breakfast at the Capitol Hill Club, before their day of Hill appointments begin.

Rep. GK Butterfield with Sherwin Herring and Mark Davenport

Sherwin Herring of Southco Distributing and Mark Davenport of J.T. Davenport & Sons meets with Rep. G.K. Butterfield (D-NC).

Rep. Brett Guthrie with Ricky Jones and Charlie Casper

Ricky Jones of Andalusia Distributing Co. and Charlie Casper of Hardec's speak with Rep. Brett Guthrie (R-KY).

Senator Hutchinson with Melissa Tyroch of McLane

Melissa Tyroch of McLane Company meets with Senator Kay Bailey Hutchinson (R-TX).

Rep. Aaron Schock meets with members at Day on the Hill

(Left to Right) Jode Bunce of Eby-Brown Co., Hugh Raetzsch of Lyons Specialty Co., Joan Fay of AWMA, Jon Burklund of Burklund Distributors, and Bob Friedman of Dearborn Wholesale Grocers meet with Rep. Aaron Schock (R-IL).

AWMA distributors fanned out across Capitol Hill yesterday, urging members of the House of Representatives and U.S. Senate to oppose legislation that would make it easier for unions to organize their companies and that would lead to regulation of tobacco by the Food and Drug Administration (FDA).

Participating in AWMA’s 2009 “Day on the Hill”, distributors participated in approximately 60 meetings with lawmakers, letting them know the harmful impact that those two key initiatives would have on their businesses and employees. Many were encouraged at the reception they received, and expressed hopeful optimism that their efforts had been worthwhile.

“I felt that many members of Congress are willing to take another look at the “card check” bill,” said Chad Gummer, Gummer Wholesale, Inc. “I feel more optimistic about that than I did before I came to Washington.”

Gummer was referring to the Employee Free Choice Act (EFCA), which would replace the current private ballot in union elections with a “card check” process that would allow a union to organize if a majority of workers simply sign a card. Under this system, the workers’ votes would be made public to the employer, the union organizers, and co-workers.

In addition, the bill would require compulsory, binding arbitration on the employer and employees as part of the collective bargaining process, with a third party—a government official—making labor binding labor contract decisions.

“The Senate’s going to have to go first on this one,” Rep. G.K. Butterfield (D-NC) said in a meeting with Mark Davenport, J. T. Davenport & Sons, Inc., Sherwin Herring, Southco Distributing Co., and AWMA's President, Scott Ramminger. “We’re not going to take the heat on this one.”

In meeting after meeting, lawmakers from both parties indicated that at least some form of compromise that could preserve the secret ballot in union elections and modify the collective bargaining requirements of EFCA will be needed if it is to be approved by Congress.

In the meeting with Butterfield, AWMA President & CEO Scott Ramminger pointed out that giving the FDA the authority to regulate tobacco would likely result in such onerous restrictions on all aspects of the manufacturer and sale of tobacco products that unregulated – and untaxed -- contraband sales would result.

“That would simply take away jobs from legitimate, law-abiding businesses and give them to terrorists and criminals,” he said, noting that AWMA has endorsed an alternative bill that would establish a separate Tobacco Harm Reduction Agency in the Department of Health & Human Services instead of placing tobacco under FDA regulation. While the House has already passed the FDA bill sponsored by Rep. Henry Waxman (D-CA), he urged House members to consider the provisions of the alternative measure if the issue comes back to the House following Senate action. That would happen if the Senate makes any changes that would result in a compromise having to be devised in a conference between the two chambers.

“I voted against the Waxman bill,” Rep. Lincoln Davis (D-TN) told Scot Shanks, L.P. Shanks Co. “There’s no logic, and I’m probably not going to vote for any form of regulation.”

Davis said he is part of a coalition of House Democrats that is insisting on changes in EFCA that would make it fair to both labor and business and would oppose it as it now stands. “But the Senate has to act first,” he said.

In the Senate, the crucial issue is whether supporters will have the required 60 votes that would be needed to break a filibuster by opponents and bring the measure to the floor for final consideration.

Rep. Bobby Bright (D-AL), in a meeting with Ricky Jones, Andalusia Distributing Co., Inc., said he opposes the card check bill “because it goes too far.” He said he co-sponsored the alternative FDA legislation and voted against the Waxman bill.”

Like many lawmakers, Rep. John Carter (R-TX) was called to the House floor for a vote just as he was to meet with his AWMA constituent, Melissa Tyroch, McLane Company, Inc. In his absence, Ryan Stalnaker, senior policy advisor, assured Tyroch that his boss “has been vocally opposed” to the card check bill, and doubted that he would support the Waxman FDA measure.

Tyroch explained the importance of tobacco sales on McLane and other distributors and said FDA regulation could lead to onerous regulations that would be harmful to the company and, as a result, its employees.

“If it comes back to the House, we would hope the Congressman would take a look at the alternative bill,” she said.

The day began with a breakfast meeting on Capitol Hill with Rep. Brett Guthrie (R-KY), who welcomed the group to Washington. “I am glad you are here,” he said. “The people who are the producers need to be here to play defense because the people who are the receivers are here to play offense,” he said, as he expressed agreement with AWMA’s positions on both EFCA and FDA tobacco regulation.

As the day-long series of meetings wound down, AWMA members and staff returned to the Hyatt Regency Hotel in downtown Washington to recap their meetings and their “Day on the Hill.”

“We had a great day,” said Ramminger. “We brought our message to our representatives and senators, and they now know, as if they had any doubts, where we stand and how important these issues are to our members’ companies. This will be extremely helpful as we conduct our day-to-day lobbying activities on behalf of our industry. We continue to build our relationships on Capitol Hill, and that is extremely important when issues like card check and FDA regulation are considered.”

“We’re already seeing  some of the results of our efforts as we got word of recent developments with respect to a delay in the consideration of the FDA issue in the Senate. “  Said Anne Holloway, Vice President of Government Affairs for AWMA.    “AWMA appreciates the participation of our members who joined us for this  Day on the Hill event.  Our industry is facing some incredibly serious challenges and there is just no substitute for these face-to-face meetings with legislators and their staff.”