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By

Dan Pilcher

CACI Senior Vice President

& Chief Operating Officer

 

Phone: 303.866-9600

E-Mail: dpilcher@COchamber.com

 

Thursday, May 24, 2007

Governor Ritter Signs Firefighters’ Workers’ Comp Bill

The Governor signed into law on May 17th HB-1008, which will allow firefighters to file workers’ comp claims that they contracted cancer from exposure to fumes while fighting fires without proving that the cancer was caused by their work.

CACI opposed the bill because it creates the rebuttable presumption that cancer contracted by a firefighter is deemed to have been an on-the-job disease covered by workers’ compensation.  Although CACI members and the business community are not directly affected by this bill, it sets a dangerous precedent that could greatly increase workers’ compensation costs if the legislature decides to extend it to the private sector.

CACI Urges U.S. Senator Salazar to Oppose Union-Backed “Employee Free Choice Act”

CACI President Chuck Berry recently sent a letter to U.S. Senator Ken Salazar, asking him to oppose S-1041, the “Employee Free Choice Act.”  U.S. Senator Wayne Allard opposes the bill.  Here is the text of the letter to Senator Salazar:

On behalf of Colorado employers, the Colorado Association of Commerce and Industry is urging you to oppose the so-called “Employee Free Choice Act”, S-1041. Under S-1041 and House companion bill HR-800, a union would be able to force an employer to recognize it based merely on a “card check”.  More importantly, employers like us could be forced to give away our employees’ access to a private ballot election.

This legislation would overhaul over 70 years of labor law, taking away employees’ freedom to choose through a federally supervised, secret ballot election whether to join a union.  It would replace the private, secret ballot election with a system called “card check,” which allows a union to organize if a majority of employees simply sign an authorization card.

As you know, during this “card check” process, employees are often asked to sign cards that indicate support of a union in front of union organizers, their fellow employees and, sometimes, their employer.  This is a process that invites coercion, intimidation, and even threats in the workplace.  Employees deserve privacy and freedom from outside influence when deciding whether they want to join a union.  The National Labor Relations Board already has strict procedures to ensure fair private ballot elections, free of employer or union coercion.  These existing procedures are no threat to unions; they lead to swift and fair elections.

This legislation would also impose contract terms on private employers through a process of compulsory, binding arbitration, with government arbiters establishing binding wages and terms between parties for two years.  It would force employers to submit to contract terms through compulsory arbitration.  This is an unconstitutional infringement on the rights of private employers to freedom of contract.  This legislation not only interferes with the democratic process, but also forces private enterprise to agree to contract terms or face government intervention and, ultimately, wages and benefit terms that are established by the government.

For more information about this bill, visit the Web sites of the U.S. Chamber of Commerce and the National Association of Manufacturers (CACI is affiliated with both national business organizations):

http://www.uschamber.com/issues/testimony/2007/070207_cohen_testimony.htm

http://www.nam.org/s_nam/sec.asp?CID=202721&DID=238598

Four Proposals Caught in the Net of the Blue Ribbon Commission for Health-Care Reform

Health-care reform will be a top priority for Governor Ritter and the 2008 session of the legislature.  Joan Henneberry, Executive Director of the Colorado Department of Colorado Department of Health Care Policy and Financing, will discuss the Ritter Administration’s health-care agenda at the June 7th meeting of the CACI HealthCare Council.  The meeting will be held from 11:30 p.m. until 1 p.m. at the CACI Office.

Information about the four health-care reform proposals that have survived review by the Blue Ribbon Commission for Healthcare Reform also will be presented to the CACI HealthCare Council.  The Commission is known as the “208 Commission” because it was created by SB-208, which the legislature passed in 2006.

CACI HealthCare Council Chair Ralph Pollock, a member of the 208 Commission, will discuss the four proposals, which will now undergo detailed analysis and “modeling.”  Pollock also will discuss the Commission’s process to develop its own consolidated proposal.  The four finalists are:

  1. “Better Health Care for Colorado,” proposed by the Service Employees International Union
  2. “Solutions for a Healthy Colorado,” proposed by the Colorado State Association of Health Underwriters
  3. “A Plan for Covering Coloradans,” proposed by the Committee for Colorado Health Care Solutions
  4. “Colorado Health Services Program,” proposed by the Health Care for All Colorado Coalition

The complete proposals can be downloaded from the Commission’s Web site:

http://www.colorado.gov/208commission/

From the Commission’s Web site, here is a summary of each of the four proposals:

Better Health Care for Colorado

  • Medicaid-funded insurance subsidies for those under 300 percent of the Federal Poverty Level (FPL);
  • Basic benefit package through large pool with annual benefit cap and individuals can use subsidy to purchase employer-sponsored insurance; and
  • Medicaid reform, including Medicaid managed care, pay-for-performance and consumer-directed home care.

 

Solutions for a Healthy Colorado

  • Individual mandate-all Coloradans must have insurance;
  • Guaranteed issue of a core-benefit plan for individual insurance and modified community rating; and
  • Subsidies for those up to 250 percent of the FPL.

 

A Plan for Covering Coloradans

  • Individual mandate--all Coloradans must have insurance or pay an assessment if they do not;
  • "Pay or play" for employers--either contribute to employee coverage or pay an assessment;
  • Create pool of purchasers to negotiate with providers, and require guaranteed issue, pure community rating and risk-adjustment;
  • Subsidies for those up to 400 percent of the FPL and small businesses to purchase coverage in the pool;
  • Minimum benefits packages, including dental, mental health, substance abuse and prescription drugs; and
  • Expand public programs for disabled, elderly, medically needy, children and parents (up to 300 percent of the FPL) and childless adults (up to 100 percent of the FPL); merge Medicaid and CHP+.

Colorado Health Services Program

  • Single-payer program governed and administered like a public utility;
  • Premiums charged through income tax or payroll deductions;
  • Consumers may choose any licensed health-care provider in the state;
  • Benefit package determined annually; and
  • Statewide patient health-information network, use data to reward providers for high-quality care and identify training needs.                                                                                          

CACI Asks U.S. Senators Allard and Salazar to Support Changes to Employment Verification Provisions of the Immigration Reform Legislation

CACI President Chuck Berry recently sent letters to U.S. Senator Wayne Allard and U.S. Senator Ken Salazar asking them to back changes to the employment verification provisions of pending immigration reform legislation.  Here is the text of the letter:

As you know, employers are responsible for verifying the employment eligibility for all new hires.  Current work-site verification systems call for complex documentation and record maintenance, requiring human resource managers to determine the authenticity of more than 29 different types of documents.  As such, considerable resources are devoted to paperwork completion, auditing records and verifying employment eligibility.

Employers encounter job applicants who may present false identification and documents such as phony driver’s licenses or illegally obtained Social Security cards.  This presents may challenges in verifying employment eligibility for potential new employees while protecting their identity and preventing any discrimination in the hiring process.

On behalf of Colorado employers, CACI would welcome an electronic employment verification system (EEVS) that is reliable and does not create additional liabilities for employers who use it.  However, we have significant concerns about the feasibility and workability of the employment verification proposals that may be considered by Congress.  Employers cannot be expected to detect cases of fraud the through the paper-based process currently available.  Any electronic employment verification system must meet the following principles:

  • Shared Responsibility amongst Government, Employers and Employees—U.S. employers, employees and the federal government share responsibility for a reliable, efficient and accurate system to verify employment eligibility.
  • Fair Enforcement—U.S. employers should be liable for their own hiring decision, not for those made outside of their control.
  • Accuracy and Reliability—Employer should not be forced to participate until the government provides assurances that the system is accurate and reliable.
  • Ease of Use—A new verification system should be easy to understand and it implement at all work sites.  The entire employment verification process should be conducted electronically to eliminate duplication and paperwork.
  • Deployment of Latest Technologies—An effective and efficient worksite verification system should include biometric or other state-of-the-art identifiers to help make false documents and identify theft ineffective.

For more information about this issue, visit the Web site of the U.S. Chamber of Commerce:

http://www.uschamber.com/issues/related.htm?t=021&s=category