I heard a phrase this week in Washington, DC, that I haven’t heard in quite some time. And it reminded me about the importance of staying active and involved in the legal, regulatory and political arena like no other I’ve ever heard.
It goes like this:
“If you’re not at the table, you’re probably on the menu.”
I can’t count how many times I’ve been asked why I engage in politics. Because let’s be honest, politicians are just about as popular these days as black mold. I also couldn’t possibly recall how many times I’ve encouraged folks to do just that, get involved - be active in the sausage grinding that is the political machine.
There’s a great dichotomy in all of this for me. On the one hand, I absolutely despise politics. Kinda makes me nauseous to think about all the questionable things people do to make things happen and to stay in political power. On the other hand, I understand all too well, because issues I’ve been involved with over the years have often been “on the menu,” that if you don’t engage, you’re out of the game before it even begins. Using a food related idiom… your goose is cooked.
I was in Washington for a meeting with the Legal Policy Center of the National Association of Wholesaler-Distributors (NAW). I’ve been active in the NAW for quite a few years. And I’m always amazed (though I suppose I shouldn’t be - great people do great things) at how effective and talented they are at representing the distribution community on issues that don’t always take center stage or come up on the national political radar.
It would certainly be a dream if we didn’t have to stay vigilant, stay active, stay involved. But sadly, we all live in a world that contains a few nightmares too. Society is rather fractured at the present, and it leads to initiatives at the state and federal level that sometimes test your temper and most assuredly test your patience.
NAW is currently representing the wholesale distribution community, and by extension the manufacturing and retail sectors who partner with distributors, regarding a Biden-era OSHA ruling allowing employees to select another employee or even a non-employee third-party individual - including non-employee union representatives - to accompany the agency on inspections. Pretty easy to see how this is potentially detrimental to an employer. NAW and other business organizations argue OSHA does not have this authority. Moreover, the practice could be a violation of the Administrative Procedure Act.
NAW and its members are also fighting an issue popping up in a number of states, but specifically in the state of Oregon, which has passed an Extended Producer Responsibility (EPR) law. The EPR law shifts the cost of recycling and packaging compliance to businesses across the supply chain. The law, which is actually not administered by the state, but by a private company hired by the state, the Circular Action Alliance (CAA), treats wholesalers and distributors as “producers,” forcing them to enter into mandatory agreements, pay significant and often hazy fees, and comply with complex reporting requirements, even though they do not control product design or packaging.
NAW is challenging the law on constitutional grounds. Of course recycling isn’t bad, but this EPR law is. And the damages to business across the country could be substantial if it’s allowed to stand and expand. Six other states have either passed or are close to passing a similar law.
I’m guessing many of you reading this are unfamiliar with either of these issues. And that’s why NASGW is a proud member of NAW and why we’ll continue to support the organization in its efforts to fight anti-business laws, rules and regulations. NAW is actively involved in numerous national business issues and court cases. They aren’t direct 2nd Amendment issues per se, but nonetheless, the impacts of these laws could be significant for our industry and its companies. What product have you ever made or received that didn’t involve some sort of packaging? Exactly.
NASGW is a proud partner on important national issues and litigation with the National Association of Wholesaler-Distributors, the American Suppressor Association, the National Shooting Sports Foundation, the Congressional Sportsmen’s Foundation, the National Rifle Association, the Second Amendment Foundation and others.
Folks, the stakes are that high and the fight is that broad. You can probably expect to see even more involvement from NASGW in the future. Now, more than at any time in our history as a nation, being at the table is critical. It’s definitely better than the alternative.
Until next time,
Kenyon Gleason
NASGW President