The Colorado Capitol Report

 


 

The Colorado Capitol Report Sponsors

 

 

By

Dan Pilcher

CACI Senior Vice President

& Chief Operating Officer

 

Phone: 303.866-9600

E-Mail: dpilcher@COchamber.com

 

October 10, 2008

 

 

Former Louisiana Governor to Address CACI Annual Meeting Luncheon October 17th on National Economic Crisis

 

In the midst of the nation’s worst financial crisis in decades, Former Louisiana Governor Buddy Roemer, who also served in Congress and is now a banker, will speak at CACI’s Annual Meeting Luncheon about “Taking Back Our Economy.”

 

Born Charles E. Roemer III in Shreveport, Louisiana, he graduated president and valedictorian of his high school class.  Roemer received a bachelor's degree in government and economics from Harvard University in 1964 and a master's degree in business and finance from Harvard Business School in 1967.

 

He then returned to Bossier City, Louisiana, where he founded two banks and ran a computer company and a political consulting firm.  Roemer was elected a delegate to the Louisiana Constitutional Convention in 1972.

 

In 1980, Romer won election to Congress, and he was reelected three times without opposition.  In Congress, Roemer served on the House Banking Committee and the Small Business Committee and founded and co-chaired the House Grace Caucus, a bipartisan group recommending cost-saving measures for the Federal Government.

 

After winning the Louisiana Governorship, Roemer balanced the state budget for three years, increased teacher pay, strengthened the department of environmental quality to enforce environmental laws, and toughened the laws on campaign finance.

 

Roemer is currently President and CEO of Business First Bank, which is part of the Shaw Group, Inc., in Baton Rouge, Louisiana.

 

 

CACI Board Votes to Oppose Amendment 58, the Governor’s Severance Tax Proposal

 

At its annual fall retreat in late September, the CACI Board of Directors voted to oppose Amendment 58, entitled “Severance Taxes on the Oil and Natural Gas Industry.”  The initiative’s main proponent is Governor Bill Ritter, who presented the measure to the CACI Board of Directors at its June meeting and urged CACI to support it.

 

Amendment 58 would eliminate as a credit from the state’s severance tax the amount of local property taxes that oil and gas companies pay at the local government level.  Of the estimated increase of $321.4 million, 60 percent would go for college scholarships for students from middle-income families, he said.  The rest of the increased revenue would go for wildlife protection (15 percent), renewable energy projects (10 percent) and local governments (15 percent).

 

The Board’s main reasons for opposing Amendment 58 included concern about a measure that increases taxes on only one industry while also earmarking the revenue for specific programs.  CACI prefers that such funding decisions be left to the Colorado General Assembly because it takes away the legislature’s discretion in making spending decisions in light of the state’s revenue situation and policy priorities.  In addition, CACI remains concerned that, if Amendment 58 were to pass, Colorado would still not address the serious funding problems that face the operating budgets of the state’s higher educational institutions.

 

The campaign organization formed to oppose Amendment 58 is called “Coloradans for a Stable Economy”:

 

http://www.voteno58.com/

 

 

Organized Labor’s Top Federal Legislative Priority Will Drastically Affect the Workplace

 

NOTE: The following article was written by Loren Rachel Furman, CACI Director of Governmental Affairs, phone: 303.866.9642, and e-mail: lfurman@COchamber.com

 

On Tuesday, CACI and CACI-member Littler Mendelson, an employment and labor law firm, hosted an important seminar for CACI members on the proposed federal “Employee Free Choice Act,” which is a top legislative priority for organized labor.

 

Despite its deceptive title, this proposal would abolish the secret ballot election that workers currently enjoy when making their decision about joining a union.  The bill also includes several harmful provisions that will seriously affect both employers and employees and harm management-labor relations in the workplace.  CACI wants to ensure that its members are fully informed on the likely effects of this legislation if it passes the U.S. Congress next year and is signed into law by the new President

 

The “Employee Free Choice Act” and How it Will Affect You . . .

 

The Employee Free Choice Act (EFCA)--or “card-check” legislation as it is commonly known--makes sweeping changes to the federal National Labor Relations Act (NLRA) and increases the chances for any business to be unionized.  Certain members of Congress have been working with organized labor to get this legislation passed, and it could become law in 2009 if the bill is signed by the new President.  It is critical that, as an employer or employee, you become aware of how this bill will significantly affect your workplace.

 

How the Current Law Works. . .

 

The federal National Labor Relations Act (NLRA) currently provides that, if a labor organization seeks a collective bargaining agreement with a business, then signatures must be obtained from at least 30 percent of the workers.  If the signature requirement is met, a supervised secret ballot election is then held by the National Labor Relations Board (NLRB), and a majority of the vote is required in order for a union to be certified by the NLRB.  Right now, employees can vote by secret ballot process if they want their workplace unionized--a process that guarantees their privacy.  Current law also protects workers from coercion, intimidation or harassment when they decide whether or not to join a union. 

 

Why EFCA will be Harmful for Employers and Workers . . .

 

The Employee Free Choice Act as proposed would significantly change current federal law, and nullify workers’ NLRA protections that are necessary when they decide whether to support or oppose unionization.  There are three provisions in the legislation that I’ve outlined below that dramatically alter the National Labor Relations Act to favor organized labor and increase the potential for unionization:

 

1.  Card-Check Authorization

 

This provision requires the National Labor Relations Board to certify a union representative if a simple majority of employees have signed card authorizations.  CACI sees three major objections to this provision:

  • It takes away a worker’s right to a secret ballot election and forces workers to publicly decide whether or not to join a union;

  • It increases the potential for intimidation, coercion and harassment of workers by allowing unions the opportunity to “persuade” a simple majority of workers into joining their organization; and

  • By removing the secret ballot election, workers will not have the option to independently decide whether or not to join a union, which a critical decision that is currently allowed in a private voting booth.

 

2.  Mandatory mediation and binding arbitration

 

This provision mandates mediation within 90 days if no bargaining agreement is reached and mandates binding arbitration if no agreement is reached within 30 days.  The arbitration decision would be binding for two years.  Again, CACI has three objections to this provision:

  • It requires employers to negotiate critical terms of a union contract in a very limited time;

  • It forces binding arbitration if an agreement is not reached, and the parties are stuck with a contract that cannot be changed for 2 years; and

  • It is silent on the arbitration process and lends itself to inconsistent decisions by arbitrators.

 

3.  Enhanced penalties and expanded grounds for injunctions

 

This provision enhances the penalties for unfair labor practices committed by an employer during a union campaign, and mandates injunctive relief.  Concerning this provision, CACI’s objection is the following:

  • This provision creates unfair and excessive penalties against an employer by awarding treble damages (three times back pay), and civil penalties up to $20,000 in favor of an employee.  The bill does not apply the same increase in penalties, however, against unions if unfair labor practices have been committed by a union against a business or worker

 

How You Can Protect Yourself . . .

 

Employers should take steps now to protect their workplaces from the potential impact of this legislation.  These steps can include identifying and pursuing a strategy that helps provide a better workplace while remaining union-free.  On the CACI Web site, we’ve provided a resource paper written by CACI-member Littler Mendelson, a national employment and labor law firm, that outlines steps for employers that are concerned with the potential impact of the EFCA bill and who wish to protect themselves from unionization.

 

http://www.littler.com/Pages/Home.aspx

 

What You Can Do To Fight This Legislation . . .

 

Because the EFCA legislation could become law in 2009, you should contact the Colorado Congressional delegation.  Please contact your member of the U.S. House of Representatives and Colorado’s two U.S. Senators through correspondence, phone calls or office meetings and urge them to oppose this legislation!  Congressional contact information is available from the Colorado Prosperity Project at:

 

www.coloradoprosperity.org.

 

The Colorado Prosperity Project is a collaborative effort between CACI and the Business Industry Political Action Committee:

 

www.BIPAC.org

 

Additional information can be found at the Web sites of the U.S. Chamber of Commerce and the National Association of Manufacturers, two organizations with which CACI is affiliated:

 

www.nam.org

 

www.uschamber.com

 

 

CACI Receives National Recognition from Peer State Chambers Association:

 

Honors Include Top Membership Retention and Revenue-Building among Large Chambers

 

CACI), the statewide chamber of commerce, has been recognized with four prestigious awards at the recently-concluded annual conference of the Association of State Chamber Professionals (ASCP) in Tunica, Miss.

 

CACI placed first in the “large business-base” division in the categories of membership retention, retention improvement and growth of “non-dues” revenues.  CACI also placed second for the highest percentage growth in membership revenue.  Placement in a division is determined by the number of businesses in a state.  As a private, non-profit organization, CACI's work is funded solely by its members.

 

 

CACI Home Page | About CACI | Join CACI | Contact Us