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1 year ago
in Obama Loves His High-speed Rail on The Colorado Independent
And what it has to do with is just that - the hatred displayed by some over matters religious or religious-connected. Now what that has to do with Obama's love for high speed rail, I don't know - but I wasn't the one who brought it up here, now was I?
1 year ago
in Remember Kent State during Convention Protests on The Colorado Independent1 year ago
in Obama Loves His High-speed Rail on The Colorado Independent1 year ago
in Remember Kent State during Convention Protests on The Colorado Independent
Talk about being a "provocateur." Who's paying you?
1 year ago
in Colorado Job-seekers Up Against a Tough Economy on The Colorado Independent1 year ago
in Obama Loves His High-speed Rail on The Colorado Independent1 year ago
in Pray Hard, For The Non-Evangelicals on The Colorado Independent1 year ago
in ICE Raids Send Chill Through Mountain Communities on The Colorado Independent
Look how much money they've made since he left the presidency........by accident? Good luck? I don't think so.
1 year ago
in In the Matter of The Rocky, Douglas Bruce and Anonymous Sources on The Colorado Independent1 year ago
in Pray Hard, For The Non-Evangelicals on The Colorado Independent1 year ago
in Pray Hard, For The Non-Evangelicals on The Colorado Independent
I think maybe several somebodies' blind hatred for Christians is showing......
1 year ago
in Expect the Unexpected at State Dem Convention on The Colorado Independent
But what I was curious about was if anyone had heard anything from that crowd about the state convention - they're already full of plans for the national convention, you know. (Or if you don't, just take a look at their website).
(By the way, standard Internet conventions and customs hold that typing in ALL CAPS is the online version of shouting........)
1 year ago
in ‘Right-To-Work’ Initiative Certified for Ballot on The Colorado Independent1 year ago
in Expect the Unexpected at State Dem Convention on The Colorado Independent1 year ago
in ‘Right-To-Work’ Initiative Certified for Ballot on The Colorado IndependentOPINION
of
DUANE WOODARD
Attorney General
No. 88-10
AG Alpha No. LO AD AGAQY
December 16, 1988
Tim Schultz
Executive Director
Department of Local Affairs
1313 Sherman St., Room 518
Denver, Colorado 80203
RE: Colorado's status as a "right to work" state.
Dear Mr. Schultz:
This opinion letter is in response to your November 11, 1988 letter, in which you inquired whether Colorado is a right to work state.
QUESTION PRESENTED AND CONCLUSION
Your request for an attorney general's opinion presents the question:
Whether the provisions of the Colorado Labor Peace Act, or any other law, causes Colorado to be properly described as a "right to work" state?
No.
ANALYSIS
The origin of the phrase "right to work" is often attributed to a 1941 Dallas Morning News editorial which urged the adoption of an amendment to the federal constitution protecting the right of employees to work without coercion with respect to joining a labor union. See William B. Ruggles, Dallas Morning News, Tuesday, January 12, 1965, "An Open Letter to the President." However, the phrase "right to work" has developed over the past 50 years primarily in connection with state constitutional or statutory provisions permitted by section 14(b) of the National Labor Relations Act of 1935, 29 U.S.C. Section 164(b) (1988). As commonly understood, a "right to work" state is one which, either by constitutional or statutory provision, prohibits contractual terms conditioning employment on membership in or financial support of a labor organization. See generally, Anno., Validity and Construction of Right to Work Laws, 92 A.L.R. 2d 598, 599; Note, International Union of the Plumbing & Pipefitting Industry Local 141 v. NLRB: Closing the Door on Representation Fees in Right to Work States, 1983 Wisc. L. Rev. 1231, 1231 n.2; Eissinger, The Right to Work Imbroglio, 51 N.D. L. Rev. 571, 573 n.8, 575 (1975). See also, e.g., United Steelworkers of America v. Johnson, 830 F.2d 924, 925 (8th Cir. 1987); Meade Electric Co. v. Hagberg, 129 Ind. App. 631, 159 N.E. 2d 408, 413-14 (1959).
Colorado has neither a constitutional nor a statutory provision prohibiting labor agreements which condition employment upon membership in or support of a labor union. In 1958, Colorado voters rejected the opportunity to amend their constitution to explicitly include such a provision.FN1 The Colorado Labor Peace Act, (the "CPLA"), Sections 8-3-101 to 124, C.R.S. (1986), which was enacted in 1943 as a comprehensive labor relations regulatory scheme, 1943 Colo. Sess. Laws, does not include such a provision either. The CPLA provides, in pertinent part:
An employer shall not be prohibited from entering into an all-union agreement with the representative of his employees ... if such all union agreement is approved by the affirmative vote of at least a majority of all employees eligible to vote or three quarters or more of the employees who actually voted whichever is greater ... in favor of such all union agreement....
Section 8-3-108(1)(c)(I), C.R.S. (1986) (emphasis added).
Because this provision only regulates, rather than prohibits, union security agreements, Colorado does not qualify as a "right to work" state. Building Construction Trades Council v. American Builders, Inc., 139 Colo. 226, 337 P.2d 953, 960 (1959). See also Communications Workers of America v. Western Electric Co., 198 Colo 128, 551 P.2d 1065 (1976).
SUMMARY
An agreement requiring membership in a labor organization as a condition of employment is, under certain circumstances, permitted in this state. The Colorado Labor Peace Act explicitly provides that employers "shall not be prohibited" from entering such agreements, provided certain preconditions are met. Consequently, Colorado does not fall within the traditional meaning of a "right to work" state.
Sincerely,
DUANE WOODARD
Attorney General
DW:13818:wp
AG Alpha No. LO AD AGAQY
AG File No. OHR8806303/AQY
LABOR UNIONS
ELECTIONS
EMPLOYEES
Section 8-3-101 to 124 (1986)
29 U.S.C. Sections 141-187 (1988)
LOCAL AFFAIRS DEPT.
Colorado is not a right to work state. The Colorado Labor Peace Act explicitly authorizes execution of agreements conditioning employment on union membership or financial support if a qualifying referendum has been voted favorably upon by a majority of employees eligible to vote or 3/4 of those voting.
Has that changed since 1988? Or are you trying to mislead readers about that important AG's opinion?
1 year ago
in Supreme Court OKs Getting Carded at the Ballot Box on The Colorado Independent
Isn't that a lot like arguing over what the definition of "is" is?
1 year ago
in Limbaugh Muses About DNC Race Riot, Local Radio Pimps Itself on The Colorado Independent
R-68 agrees with the proposition, POTESTAS IN POPULO, "all power comes from the people." What stands between the people and power are the party machines. The parties were devised as a means to represent the people. Today they represent nobody, not even party members, but only party bureaucracy. The people have been left without appropriate institutions for their representation. We intend to create those institutions!
Join us in the streets of Denver as we resist a two-party system that allows imperialism and racism to continue unrestrained.
1 year ago
in Limbaugh Muses About DNC Race Riot, Local Radio Pimps Itself on The Colorado IndependentAugust 24-28, 2008
During the Convention, there will be five major protests, one each day. Each protest will focus on a symptom of the disease of an Imperialist, Capitalist, Racist system as seen in our communities. Some of the proposed themes are as follows:
Sunday - End All Occupations at Home and Abroad
Monday - Human Rights/Free All Political Prisoners
Tuesday - No Borders
Wednesday - No Warming
Thursday - No Racism/Imperialism
As actions develop, we will post more information!
1 year ago
in Limbaugh Muses About DNC Race Riot, Local Radio Pimps Itself on The Colorado Independent1 year ago
in Anti-Affirmative Action Signatures Challenged on The Colorado Independent
So what is so "wrong?" Why is that supposedly "so-called" truthtelling?
No doubt you receive some small personnal satisfaction out of accusing those who you perceive to be on the other side of politics from you of lying, but you've just engaged in it yourself. How does that make you feel?
1 year ago
in Limbaugh Muses About DNC Race Riot, Local Radio Pimps Itself on The Colorado Independent
CALLER: Hi, Rush. Nice to talk to you.
RUSH: Thank you.
CALLER: I know the Drive-Bys are gonna start coming after you about your "dreaming of riots" in Denver, and they've already started in the Denver papers. But it's kind of strange that the Denver police and fire departments are already doing training for crowd control and they're bringing in police officers from outlying suburbs to supplement the Denver Police Department, and they've already been advised that they have 750 so far and they're going to need another few thousand for the convention.
RUSH: Right. And this is all because I am "dreaming of riots."
CALLER: There you go, and they've also put the Colorado National Guard on a 24-hour alert for the thing, so...
RUSH: It sounds like a paramilitary operation out there being prepared here to deal with --
CALLER: No riots.
RUSH: -- raucous protesters at the Democrat National Convention in Denver.
CALLER: Yeah, it's just really strange that the --
RUSH: Isn't that funny? Isn't that amazing?
CALLER: Yeah. The media says --
RUSH: And you say that the local Drive-Bys have been reporting this?
CALLER: Yeah, there was an article in the news last night.
RUSH: Let me ask you a question about this, Jerry. In the local Drive-By reports on all of the efforts -- paramilitary and others -- to prepare for possible unrest, have any potential protest groups been identified by the Drive-By Media?
CALLER: Recreate '68 is one. They had an article on them.
RUSH: Uh, wait a minute, Jere. Hang on here just a second. I want to make sure that everybody heard what you just said. There is a protest group in Denver called Recreate '68?
CALLER: They're headquartered in Longmont or Boulder, which is kind of amazing, huh? The leader of that organization --
RUSH: (laughter.)
CALLER: -- is a close friend of Ward Churchill. His name is Glenn Spagnuolo.
RUSH: Glenn Spagnuolo, good friend of Ward Churchill is the leader of Recreate '68.
CALLER: That's correct.
RUSH: Headquartered in Boulder.
CALLER: In the Boulder area.
RUSH: Alright. Now, let me ask this question of you, Jerry. When you hear an organization entitled Recreate '68, what do you think?
CALLER: Well, I remember the convention of 1968 in Chicago with Mayor Daley. They just about destroyed that city, and that's --
RUSH: How?
CALLER: -- what he's trying to do.
RUSH: How did they destroy the city, Jerry? What happened in Chicago in 1968?
CALLER: Well, they were burning cars, smashing storefronts, running up and down the streets.
RUSH: Wait! You mean there were riots?
CALLER: Oh, yes.
RUSH: At the Democrat convention in Chicago 1968?
CALLER: That's correct.
RUSH: And there's now a group in the Boulder area headed up by some Spagnuolo guy who's a best friend, or close friend of Ward Churchill called Recreate '68?
CALLER: Recreate '68.
RUSH: And now the paramilitary and cops are arming up and preparing for potential unrest in Denver in August for the Democrat National Convention?
CALLER: Yes, they are. They're going through training as we speak.
RUSH: Now, in any of these Drive-By Media reports, Jerry, that you have read; how far back do they go? A week? A month? How long have you been reading about these stories?
CALLER: It's just been recently. The Recreate '68 guys' petition to get permits to parade -- and they were protesting, they weren't allotted the right amount of permits -- and they were also meeting with the Denver Police Department to lay down ground rules that they wanted the police to accept of how they were going to handle arrests and so forth.
RUSH: Really? The Recreate '68 group met with the cops to try to strike a deal on how arrests would be handled? So the Recreate '68 group intends, or at least is planning on some kind of action that would require the cops to arrest them and they want to strike a deal with how?
CALLER: Well, they were anticipating that.
RUSH: Yeah. Now, think back. I want you to. A week ago you started reading about this. Was this a month ago? March? February?
CALLER: Yeah, let's see. There was an article about a week and a half ago in the Rocky Mountain News that the Recreate people were holding seminars with their members, with attorneys giving them advice on how to deal with the police, because they said, "The policemen are not your friends and they will lie to you."
RUSH: Let me ask you this, Jerry. In any of those stories a week and a half ago, two weeks ago, did you read my name?
CALLER: Not in those. But I just read it recently, or it was on Channel 4 in Denver last night that they mentioned your name about "dreaming of riots" in Denver.
RUSH: Yeah. So that has captured attention. From what I understand, most of the talk radio stations in Denver are talking about it. All three television stations are talking about it. The newspapers are writing about it, about me on this program the day before yesterday and yesterday talking to people, "dreaming of riots."
CALLER: There you go.
1 year ago
in Anti-Affirmative Action Signatures Challenged on The Colorado Independent1 year ago
in Union Group Holds National Video Contest on The Colorado Independent1 year ago
in Anti-Affirmative Action Signatures Challenged on The Colorado Independent1 year ago
in Anti-Affirmative Action Signatures Challenged on The Colorado Independent