Coloradans for Responsible Reform CFRR 2008

1. Coloradans for Responsible Reform  CFRR 2008 

2. �Where are we and how did we get here?� -A brief history Colorado has a �modified� right to work statute called the Labor Peace Act (LPA)- in place since 1943 8% of Colorado workforce is represented by unions. Colorado employment grew two times faster than unionized states from 2001-07 Governor Ritter opened door to amend LPA in 2007 (1072), but ultimately vetoed it after strong opposition from business community Governor Ritter unionizes state employees via Executive Order in 2008 Small group of business interests led by Jonathan Coors files Amendment 47 (a.k.a. Right to Work)

3. Organized Labor�s Response to Right to Work Four poison pill counter-measures filed by organized labor, with intention to hurt business community: AFL-CIO/SEIU Criminal liability for executives (Statutory #53) Prohibition on firing without �just cause� (Constitutional #55) UFCW � Local 7 Mandated health care (Constitutional #56) Strict new workplace safety standards (Statutory #57) All four have been certified and will be on November ballot Organized Labor has raised over $4 million so far, and say that they will raise millions more to defeat RTW and support their counter-measures

4. Statutory Amendment #53Criminal Liability for Executives Holds all executive officials criminally liable for a business�s failure to perform any legal duty� �such as environmental/consumer protections and securities regulations that are traditionally treated as civil matters Extends to all partners, executives, officers, directors, managers, proprietors, and supervisors Includes executives of non-profits and home owners associations Provides for criminal penalties including fines and imprisonment Current federal and state law already holds execs. accountable for criminal conduct Complete immunity loop-hole for those who self-report Likely impact: hinders recruitment of out-of-state businesses and exec. talent, higher insurance costs, hurt nonprofit exec. recruitment, legal paralysis, politically-motivated/frivolous charges on business execs. Titles set, collecting signatures.

5. Constitutional Amendment 55 Elimination of �at-will� Employment Eliminates �at will� employment in Colorado Creates new �just cause� standard for firing employees at companies with 20 or more employees �Just cause� must be established by formal, documented process Both employer and employee can no longer enter into contracts that define causes of termination Court can compel reinstatement and/or award back wages, along with costs and attorney fees Reductions in workforce, automation of operations, reorganization, major personality conflicts -- none of these would qualify as �just cause� Likely impact: hinders recruitment of out-of-state businesses, discourages full-time hiring, hinder small business growth and agility, increase in frivolous lawsuits, increased government spending (judges and court staff)�

6. Constitutional Amendment 56 Mandated Major Health Care Coverage Requires employers with 20+ employees to provide �major medical� health care to all (full and part-time) employees and their dependents Employers required to pay 80% of premium cost for employee; 70% for dependents Creates new government run super-agency to implement new system, provide indirect health care coverage for employees whose companies don�t comply If employer does not provide insurance directly, must pay the new government insurance authority Leaves it up to legislature to define �major medical� plan, and to determine how to fund new government agency Likely impact: repel out-of-state businesses, discourage full-time hiring, hurt business growth/wages, discrimination against hiring employees w/ dependents, increase cost of doing business/prices, increase govt. spending (new agency)�

7. Statutory Amendment 57 Strict New Workplace Safety Standards Requires employer�s with more than 10 employees to maintain safe and healthy workplace� but fails to define �safe�, �healthy� and �workplace� Allows injured workers to take benefits of Work Comp and then sue for unlimited damages in district court Employees can seek compensatory or punitive damages for past and future financial losses, pain and suffering, emotional distress, inconvenience, mental anguish, loss of �enjoyment of life� and other non-economic losses Renders Workers Compensation Act meaningless by destroying �no fault� system balance Likely impact: hinders recruitment of out-of-state businesses, hinder small business growth, increase in frivolous lawsuits, lower wages, increased prices, increased government spending (judges and court staff)�

8. Campaign to Defeat 4 Counter Measures Only way to defeat counter measures� Coloradans for Responsible Reform (CFRR) Issue Committee responsible for successful statewide ballot campaigns since 1994 Building a serious campaign coalition: Statewide Industries of all type and size Bi-partisan/non-partisan Securing support from print newspaper Editorial Boards Raising enough money to get message out Will hurt workers most (kill wages, benefits and jobs) Not a partisan issue � an economic, jobs and benefits issue Reaching out to Mayors and Pro-biz Democrats

9. CFRR 2008 � A Rapidly Growing Statewide Coalition Denver Metro Chamber of Commerce Colorado Competitive Council (C3) Economic Development Council of Colorado NFIB � Colorado Colorado Hospital Association National Association of Industrial and Office Properties (NAIOP) Colorado Contractors Association Colorado Concern Associated General Contractors of Colorado Colorado Association of Home Builders Aurora Chamber of Commerce The Shuck Corporation Home Builders Assoc. of Metro Denver Colorado Asphalt Paving Association Colorado Licensed Beverage Association Colorado Oil & Gas Association Colorado Apartment Association South Metro Denver Chamber of Commerce Southeast Business Partnership Colorado Petroleum Association Colorado Independent Bankers Assoc. Early Childhood Education Assoc. Progressive 15 Colorado Stone, Sand & Gravel Association Greater Colorado Springs Chamber of Commerce Colorado Democratic Leadership Council Colorado Farm Bureau Colorado Mining Association Colorado Bankers Association Grand Junction Area Chamber of Commerce Hispanic Contractors of Colorado Denver Area Building Owners and Managers Assoc. (BOMA) The West Chamber Mountain States Employer�s Council The Lockton Companies Colorado Women�s Chamber Northern Colorado Legislative Alliance Colorado Nonprofit Association Colorado Restaurant Association Colorado Retail Council Colorado Hotel & Lodging Association Colorado Republican Business Coalition Downtown Denver Partnership Colorado Automobile Dealers Association Denver Metro Convention & Visitors Bureau Jefferson Economic Council Metro Denver Hotel Association Colorado Ski Country USA

10. CFRR 2008 Message Average workers will be hit hardest by these measures�businesses will be forced to freeze or cut pay, cut benefits, lay-off full-time employees to pay for new mandates and legal costs. These poison pill initiatives are economy-killers and will lead to increased prices, unemployment, and legal paralysis. Not just opposed by business�Thirty-seven Metro Denver Mayors, Governor Ritter, Mayor Hickenlooper, Speaker Romanoff, Rep. Buescher - all oppose these measures The 22 economic development corporations across Colorado can simply close shop; no business is moving to Colorado if these measures pass.

11. What can we do? Endorse CFRR-2008 Help us spread the message regarding these economy-killing, poison pill measures (www.nopoisonpills.com) Contribute money to our campaign For more information, please contact: Todd Vitale 303-748-1140 todd@vitaleassociates.com