Legislative and Regulatory Matters

Agency Rulemaking

Bredhoff & Kaiser, PLLC has long represented clients in federal regulatory actions both in administrative proceedings and in the courts. For example, we have been involved in numerous major Department of Labor rulemakings on a wide range of health and safety issues spanning four decades, including most recently OSHA’s rulemaking in the Clinton-era concerning ergonomics. In addition to participating in rulemaking proceedings, the firm has been involved in almost every court challenge to an OSHA toxic substance standard, some as an intervenor on behalf of the Labor Department, others challenging the Department’s proposed regulations. Examples include the two toxic substance standards to be reviewed by the Supreme Court, the cotton-dust standard (American Textile Mfr. Inst. v. Donovan, 452 U.S. 490 (1981)) and the benzene standard (Industrial Union Department v. American Petroleum Institute, 448 U.S. 607 (1980)), as well as Court of Appeals review proceedings with respect to the OSHA standards for lead, vinyl chloride, asbestos and several other substances. In addition, the firm represented the Steelworkers in the Supreme Court case of Dole v. Steelworkers 494 U.S. 26 (1990), a case rejecting application of the Paperwork Reduction Act to OSHA’s hazard communication standard.

Outside the health and safety arena, we have, for example, represented the AFL-CIO in challenges to recent Department of Labor rulemakings under the Labor-Management Reporting and Disclosure Act, including most prominently the successful effort to invalidate portions of the new LM-2 financial reporting rules in the District of Columbia Circuit. And we brought a challenge to President Bush’s 2001 Executive Order requiring federal contractors and their subcontractors and vendors to post notices informing employees of their right not to join a union and not of any of their other labor law rights.

More recently, we have represented performer unions before the US Copyright Office in connection with its establishment of a compulsory license rate to be paid to performers by webcasters and others for the use of performance materials on the internet and other digital distribution platforms. We also actively participated in the creation of the entity (Sound Exchange) through which these payments are made and our lawyers sit on Sound Exchange’s legal committee.

Legislative Developments

Bredhoff & Kaiser, PLLC routinely monitors legislative and administrative developments on a range of issues relevant to our clients. For example, the firm submitted testimony to the House Committee on Education and Labor — on behalf of the National Education Association (“NEA”) — regarding the preservation of retiree health care benefits. And the firm helped both the American Federation of Musicians and the NEA hone their legislative and grass roots communication strategies regarding the major pension reform legislation pending before Congress several years ago. Similarly, the firm regularly represents the National Postal Mail Handlers Union on legislative issues, including recent legislative efforts to revise the Postal Reorganization Act of 1970, and the American Federation of Musicians on copyright and digital performance rights issues.