Date: 03/14/2006

Final
BILL SUMMARY for HB06-1314

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment B). Th
Moved prepared amendment L.003 (Attachment C). Th
Moved prepared amendment L.004 (Attachment D). Th
Moved to refer House Bill 06-1314, as amended, to 		PASS
Pass Without Objection
FAIL
PASS


01:41 PM

The committee was called to order. A quorum was present.

01:42 PM -- House Bill 06-1314

Representative Cerbo provided an overview of and commentary in support of House Bill 06-1314, concerning a prohibition against certain employer communications to an employee. Representative Cerbo explained a forthcoming amendment to place the statutory section contained in the bill in Title 24, Colorado Revised Statutes. Representative Cerbo discussed the relationship between his bill and federal labor law. Representative Cerbo responded to questions regarding employer-mandated diversity training and employer-sponsored meetings seeking to educate employees on political issues. Representative Cerbo clarified that bill pertains to mandatory employer meetings. Representative Cerbo responded to a question regarding violations of the National Labor Relations Act. A discussion ensued regarding subjects that may or may not constitute political- or religious-related matters.


01:56 PM

The following people testified regarding House Bill 06-1314:


01:58 PM -- Mr. Chuck Berry, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill. Mr. Berry referenced a letter to the committee from Gustav Achey of the Mountain States Employers Council opposing the bill (Attachment A). Mr. Berry explained that House Bill 06-1314 will result in a rise in litigation activity and would chill political action committee activity. Mr. Berry responded to questions regarding the bill's impact on labor union activity and political speech by employers. Mr. Berry explained a provision of the bill mandating penalties and court costs. Mr. Berry then responded to a question regarding employer placement of political information on work-related communications such as letterheads and checks. Representative Cerbo explained that an amendment would be forthcoming regarding political information on work-related communications, copies of which were distributed to the committee. Further discussion ensued regarding what subjects constitute political- or religious-related matters and the potential effect of the bill on employer behavior.


02:10 PM -- Mr. Chris Howes, representing the Colorado Retail Council, testified in opposition to House Bill 06-1314, offering that he believed that enactment of the bill would violate certain provisions of federal law. Mr. Howes responded to a question regarding violations of the National Labor Relations Act.


02:13 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in opposition to the bill, stating that the bill is overly vague. Mr. Gagliardi responded to questions regarding the bill's impact on small businesses. Mr. Gagliardi then responded to a question regarding the impact of the bill on litigation rates.


02:18 PM -- Ms. Virginia Love, representing the Colorado Competitive Council, testified in opposition to House Bill 06-1314. Ms. Love explained the scope of the bill and the state fiscal impact of litigation that may be spawned by the bill. Ms. Love stated that she feels that the bill is both anti-small business and anti-worker. Ms. Love further stated that the bill, if enacted, would result in increased litigation.


02:23 PM -- Ms. Mary Lou Chapman, representing the Rocky Mountain Food Industry Association, testified in opposition to House Bill 06-1314, stating that it would dictate employer-employee interaction and deprive employers of rights secured under federal law. Ms. Chapman noted what she felt to be disparate treatment of employers and labor unions by the bill. Ms. Chapman responded to questions regarding the potential for litigation as a result of the bill's passage.


02:29 PM -- Mr. Lawrence Moore, representing Communication Workers of America, testified in favor of the bill, explaining instances where he has attended employer-mandated meetings pertaining to political- and religious-related subject matter. Mr. Moore explained the subject matter that would be allowed at employer-mandated meeting. Mr. Moore responded to questions regarding the relationship between religion and ethics. Mr. Moore then responded to questions regarding his tenure with the Communication Workers of America and the potential for increased litigation as a result of the passage of House Bill 06-1314. A discussion ensued regarding a provision of the bill that awards treble court damages and court costs. Representative Cerbo explained the impact of this provision on small businesses.


02:43 PM -- Mr. Steve Adams, representing the Colorado AFL-CIO, testified in favor of House Bill 06-1314, stating that the bill is limited to employer-mandated acts. Mr. Adams responded to a question regarding the nature of employer communications included in paycheck envelopes. Mr. Moore responded to further questioning regarding the level of complaint by employees alleging political or religious coercion at employer-mandated functions in Colorado.


02:49 PM -- Al Kogler, representing the Communication Workers of America, testified in favor of House Bill 06-1314. Mr. Kogler recounted instances of "captive audience" meetings he and others have attended, and specifically meetings that pertained to anti-labor union sentiment. Mr. Kogler then explained the need for the passage of the bill. Mr. Kogler responded to a question regarding the bill's relation to union organizing activities.


02:55 PM -- Mr. Carl Filler, representing himself, testified in favor of House Bill 06-1314, recounted an instance where he was pressured to vote in favor of a ballot measure by his employers during a past employment situation.


02:57 PM

Representative T. Carroll moved amendment L.001. Representative Cerbo explained the amendment and responded to questions regarding the need for the amendment.


BILL:HB06-1314
TIME: 02:59:01 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.001 (Attachment B). The motion passed on a 6-5 roll call vote.
SECONDED:Gallegos
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


Representative Cerbo explained prepared amendment L.003 (Attachment C). Representative Cerbo responded to questions regarding hypothetical situations where politically related material appears during employer-employee meetings.

BILL:HB06-1314
TIME: 03:00:10 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:Coleman
VOTE
Cadman
Carroll T.
Coleman
Crane
Gallegos
Liston
Lundberg
Schultheis
Todd
Ragsdale
Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Representative Schultheis moved prepared amendment L.004 (Attachment D) and explained his reason for moving the amendment. Representative Cerbo explained his opposition to the amendment.
BILL:HB06-1314
TIME: 03:04:27 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.004 (Attachment D). The motion failed on a 5-6 roll call vote.
SECONDED:Liston
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


03:06 PM

Representative Cerbo provided closing remarks in favor of House Bill 06-1314. Representative Cerbo stated that there are no preemption issues with regard to the bill and the National Labor Relations Act. Representative Cadman posed a hypothetical situation pertaining to the bill's restrictions. Representatives Schultheis and Liston explained their opposition to House Bill 06-1314.
BILL:HB06-1314
TIME: 03:12:32 PM
MOVED:Weissmann
MOTION:Moved to refer House Bill 06-1314, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 6-5 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS