Amendments 47, 49 shot down

Third anti-union measure, 54, holding lead in early voting

By Joanne Kelley, Rocky Mountain News (Contact)

Published November 5, 2008 at 12:05 a.m.

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Photo by Chris Schneider / The Rocky

Denver Fire Department Capt. Greg Pixley holds a sign against propositions 47, 49 and 54 at Speer Boulevard and AurariaParkway.

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An anti-union measure that stirred up the costliest ballot fight in the state's history was defeated by Colorado voters.

Amendment 47, the most controversial of three labor-related ballot proposals, would have banned agreements requiring workers to pay for union representation. Voters also shot down another measure that would have banned union-dues deductions from the paychecks of government workers.

A third initiative, Amendment 54, appeared to be ahead in early voting. It would ban campaign contributions by government unions and contractors.

The showdown at the polls divided the business community, mobilized union advocates, and ultimately led to the most expensive campaign tab ever for Colorado ballot initiatives.

The three union-related amendments reflect growing concern about a resurgence in the organized labor movement's political and organizing clout.

"You've got to connect the steam gathering behind all this to labor activity being on the rise in Colorado," said Patrick Scully, an employment law attorney in the Denver offices of Sherman & Howard.

After years of declining participation, union membership inched up to 8.7 percent of Colorado's work force in 2007. And that happened even before Gov. Bill Ritter signed an executive order permitting 32,000 state workers to unionize.

From the labor community's standpoint, the ballot brouhaha started with the effort to get Amendment 47 in front of voters. Supporters of the effort included Jonathan Coors, of the brewery family; American Furniture Warehouse founder Jake Jabs and Aurora City Councilman Ryan Frazier.

Jay Cole, a consultant who helps companies avoid unions, agreed to put his name on the measure at the request of Rep. Ted Harvey, R-Highlands Ranch, who several times tried to push a similar change through the legislature.

But the fight began earlier, some say, when the labor community tried to make it easier to form "all-union" workplaces requiring compulsory union fees. After Democrats took control of the Capitol in 2007 for the first time in decades, labor leaders nearly won changes to the 60-year-old Labor Peace Act, but Gov. Bill Ritter vetoed the legislation.

"Labor went to the legislature right away," said Roberto Corrada, a law professor at the University of Denver, who has followed the issue closely. "Business was so mad that labor would do this. That's when the threats about Amendment 47 started."

Other anti-labor measures also can be traced to Ritter's executive orders related to government unions.

Amendment 49 would prohibit governments from deducting union dues or other special-interest money from employee paychecks. Ritter reversed former Gov. Bill Owens' ban on the practice.

The third measure, Amendment 54, would ban political contributions by companies that win exclusive contracts with government as well as unions that represent government workers.

Initially, labor groups fired back with a barrage of ballot initiatives that would have created sweeping new regulations for business. At the 11th hour, they withdrew the measures from the ballot in a compromise that had business leaders agreeing to help defeat Amendments 47, 49 and 54.

Labor ballot battle

Winners and losers mixed in three initiative fights affecting organized labor's ability to collect dues or support political causes.

Amendment 47

* State's small labor community re-energized but forced to spend heavily to defeat attempts to make union fees voluntary and turn Colorado into the 23rd "right-to-work" state. * Business community rift develops when conservative executives decline to pull measure from the ballot to preserve state's labor relations climate.

Amendment 49

* Unions and members would have to find another way of setting up dues payment, which could make it less convenient to pay and hit unions financially. * Conservative Independence Institute argued government shouldn't be collecting money for special interest groups, but Colorado governor has made the decision in the past.

Amendment 54

Unions that contract with government would no longer be able to contribute to political campaigns.

* Many nonprofits (including those providing specialized health care) and their board members would face the ban.

* Backers say the measure would save taxpayers money by forcing more competitive bidding .

Amendment 47 Ban on mandatory union fees

One of the most expensive ballot fights in the state involved a measure questioning whether workers in Colorado should be required to share in the cost of a union that represents them at the negotiating table.

Amendment 47 supporters argued that employees shouldn't have to pay any fees to a union against their wishes. But opponents campaigned for preserving current law, noting mandatory fees are already subject to a vote by workers and have been negotiated between employers and employees.

"These amendments can have a chilling effect on union growth because they're no longer paid for what they do," said Cyndi Fukami, a professor at the University of Denver's Daniels College of Business.

Federal labor law already prohibits forced union membership, but it does allow for contracts that require covered workers to pay at least a portion of the dues union members have agreed to pay.

Amendment 49

Union dues deductions from paychecks

Proposed by Independence Institute head Jon Caldara to prevent governments from taking deductions directly from employee paychecks for any nongovernmental special interest group such as a labor union.

Gov. Bill Ritter authorized the special-interest deductions last November, reversing Republican Gov. Bill Owens' order disallowing them.

Amendment 54 Political contribution limits for government contractors

A crackdown on the ability of unionized government workers, government contractors and others to make political contributions.

The aim: to ban campaign donations by those who receive government contracts without having to compete for them. Unions were lumped into the measure, which proponents argued would save taxpayers money.

Four amendments

Four union-backed amendments appeared on the ballot, but votes didn't count because their proponents withdrew them after business leaders agreed to help labor unions fight Amendments 47, 49 and 54. The initiatives would have:

* Kept employers from firing workers without a specific reason (Amendment 53)

* Made executive criminally liable for fraudulent activity they failed to report (Amendment 55)

* Required employers to pay most of employee health care premiums (Amendment 56)

* Allowed injured employees to seek extra damages in court after collecting workers compensation (Amendment 57)

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