During their February 2 broadcasts, 630 KHOW-AM co-host Dan Caplis and Newsradio 850 KOA host Jon Caldara, along with Republican state legislators, advanced false, misleading, or unsubstantiated claims regarding a labor bill that passed the Senate on February 5 despite a Republican filibuster. Among their distortions about House Bill 1072 were that it would create so-called “closed shops,” that it would hurt Colorado's economy, and that “the very liberal Denver Post editorial page” agreed with the bill's opponents that it is “a bad, bad idea.” Colorado Media Matters repeatedly has noted (here, here, here, here, and here) the false or unsubstantiated nature of these claims.

The bill would revise the Colorado Labor Peace Act to strike provisions regarding procedures under which workers preparing to negotiate a union contract can obtain necessary authority to make the contract an all-union agreement. Such an agreement requires all workers covered under the contract -- whether they are union members or not -- to contribute money to the union, through dues or fees. The text of the bill states that it:

Eliminates the requirement that, in order to validly enter into an all-union agreement, the all-union agreement must be approved by the affirmative vote of at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater. Makes conforming amendments.

Colorado media outlets frequently have made or repeated the unsubstantiated claim that the bill would harm Colorado's economy. As a guest on The Caplis & Silverman Show, Senate Minority Leader Andy McElhany (R-Colorado Springs) -- who had been leading a Republican filibuster of the bill when he appeared on the show by telephone -- repeated this charge, claiming that the bill “would put [Colorado] at a distinct economic development disadvantage with our surrounding states -- mainly because it would greatly increase the cost of doing business in Colorado.” McElhany did not provide any evidence or explanation for his contention that additional all-union agreements would increase costs for business or that businesses might choose not to locate or expand in Colorado because of the bill.

Also, in concluding what had been a correct explanation of what the measure would do, McElhany inaccurately associated the term “closed shop” with the bill's provisions:

CAPLIS: Now senator, for those who haven't dialed in yet to this issue, would you explain to folks what this bill proposes?

MCELHANY: Yes, I will. In Colorado labor law, there is -- employees at a business can vote to have union representation. Once they have union representation, then, if they want to give permission to management and the union to negotiate between the two, to force everybody that works there to pay union dues, whether they belong to the union or not, then they have to have a second election. That's what this bill is about. It would eliminate the employees' ability to have a second election to declare what's called a closed shop.

As Colorado Media Matters noted -- citing an American Bar Association (ABA) overview of U.S. labor and employment law published by the Bureau of National Affairs -- the “closed shop” is illegal under the National Labor Relations Act. As the ABA overview also made clear, a “union shop” agreement, which is allowed under the Colorado Labor Peace Act and under HB 1072, can compel a worker to pay dues and fees to a union, but not to become a full member.

Similarly, Caldara was discussing the bill with state Rep. Robert E. Witwer (R-Golden), who referenced the Republicans' February 2 filibuster of HB 1072. In addition to misusing the term “closed shop” during his February 2 show -- as he had repeatedly on previous broadcasts -- Caldara, joined by Witwer, asserted that the bill “forces people to join unions or lose their jobs.” Witwer also misused the term “closed shop,” asserting that under current law Colorado is “right in the middle of right-to-work and closed shop, which is sort of the opposite extreme, where we're headin'.” A right-to-work state is one in which “union shop” agreements are prohibited by law. The National Right to Work Legal Defense Foundation lists 22 such states.

In addition to being a radio host, Caldara is president of the Independence Institute, a “free-market, pro-freedom” conservative policy research organization. As Caldara noted during the January 30 broadcast of his show, the Independence Institute has published a "backgrounder" on the bill -- although that piece does not support Caldara's false assertions about the “closed shops.” The falsehood about compulsory union membership also appears in an Independence Institute radio ad, which Caldara echoed on February 2 and during the January 30 broadcast.

During their February 2 broadcast, Caldara and Witwer also misrepresented a Denver Post editorial to claim that the newspaper “agreed” with the Independence Institute and other critics that the bill is “a bad, bad idea.” In fact, the newspaper advocated delaying the bill on the grounds that not enough labor-business dialogue had preceded legislative action and reiterated this view in a subsequent editorial. State Sen. Josh Penry (R-Fruita) made a similar misrepresentation in Senate floor remarks that KUSA 9News uncritically reported on February 5.

From the February 2 broadcast of 630 KHOW-AM's The Caplis & Silverman Show:

MCELHANY: We're, we're still in session and filibustering a very bad pro-labor bill -- trying to hold it up and draw as much attention to it as we can.

CAPLIS: Now, you guys don't filibuster a whole lot down there, do you?

MCELHANY: No, we don't. But every once in a while -- I've been here 12 years, and I would say that on average of about once every four or five years you get into a filibuster, when the minority thinks that something really bad is happening.

CAPLIS: Now, why do you think this is so bad, and is the filibuster going to work?

MCELHANY: It's -- it's upsetting 63 years of labor relations law in Colorado. It would put us at a distinct economic development disadvantage with our surrounding states -- mainly because it would greatly increase the cost of doing business in Colorado.

[...]

CAPLIS: Now senator, for those who haven't dialed in yet to this issue, would you explain to folks what this bill proposes?

MCELHANY: Yes, I will. In Colorado labor law, there is -- employees at a business can vote to have union representation. Once they have union representation, then, if they want to give permission to management and the union to negotiate between the two, to force everybody that works there to pay union dues, whether they belong to the union or not, then they have to have a second election. That's what this bill is about. It would eliminate the employees' ability to have a second election to declare what's called a closed shop.

CAPLIS: Meaning that then, those who don't want to join the union wouldn't have to pay dues.

MCELHANY: No, no -- they would have to pay dues.

CAPLIS: Right. That's the point of this bill. If this bill passes, it's going to be easier to require those who don't want to join the union to pay dues.

MCELHANY: Absolutely.

From the February 2 broadcast of Newsradio 850 KOA's The Jon Caldara Show:

CALDARA: This bill does something that's -- it's outlandish. It forces people to join unions or lose their jobs.

[...]

WITWER: The debate started at, boy, about 10 this morning, and I left the Capitol at 5:30 and it was still going on. And I think it's going to be characterized as a filibuster in the press, but what it really was was an effort to try to slow the train down and have a conversation about why we're changing 65 years -- 64 years -- of good public policy and replacing it with something that's probably in the long run going to be detrimental to Colorado's economy and jobs environment.

CALDARA: Yeah, there's no question about it. And we've been talking about it quite a bit on this program. And I want to thank other people for -- for stepping up to the plate. Now, when you think about it, this is how bad this bill is -- this is how dangerous this bill is. For the first time, oh, I think -- ever -- Jon Caldara, the Independence Institute have joined in opinion and -- with not only the Denver Chamber of Commerce, which has never seen a tax increase it hasn't absolutely loved, but also with the Rocky Mountain News, and God forbid, the very liberal Denver Post editorial page. All of these stars have aligned to say that this bill, 1072, which takes away workers' rights, is a bad, bad idea, should be voted down in the Senate if not vetoed.

[...]

WITWER: The magnitude of this bill -- this is what drives the need to have this kind of debate. And so, you bet, I mean, this is -- we're sounding an alarm, and I think the business community's finally gotten aware of what this is gonna do. I think the public at large is, and you pointed out, The Denver Post and the Rocky Mountain News -- I mean, I can't remember the last time The Denver Post and the Rocky Mountain News joined with the Chamber and, I mean --

CALDARA: And the Independence Institute.

WITWER: -- and the Independence Institute --

CALDARA: Good God! If this isn't a sign that this is some really terrible legislation, I don't know what else is.

[...]

CALDARA: If there was ever a sign that this is a bad, bad plan, when you've got liberals and conservatives all saying, “Don't muck with 65 years of pretty decent labor law in order to give a -- a payback to -- to -- to the unions.”

WITWER: Well, this is just common sense. I mean, who thinks it's fair that because I want to join a union, and I want to pay dues, that I can force you -- who don't -- you don't want to join a union, you don't want to pay dues -- I can force you to do that or get fired?

CALDARA: Mm-hmm.

WITWER: That's just not fair. It's -- it's -- I have no problem with employees who want to join the union doing that. And that money comes out of their pockets; that's their decision. They can enter that arrangement willingly. But where you cross the line and you compel other employees to do that or get fired? You know, now you're talking about something that's just a radical restriction of the freedom to work. And we're not gonna be a right-to-work state, obviously. I mean, especially now. There are 22 right-to-work states in this country, and if you look at the statistics, they generally have better job growth, lower inflation, and an overall healthier economic environment. But we were right in the middle of right-to-work and closed shop, which is sort of the opposite extreme, where we're headin'.

[...]

CALDARA: The Senate here in Colorado had a filibuster. And I agree with my guest: It's one of the few times in a long time I've been proud of my party, the Republicans. At least on this side, they really tried to stop this union-boss bill that takes away -- that takes away workers' freedom. Representative Rob Witwer's with us. Rob, I was going to ask you to speculate: 1072, which forces people to join unions and pay dues to unions in order to keep their job. Very Tony Soprano, I tell you. This is -- this is good Mafioso stuff. It's gonna go to the governor's desk. What's he gonna do?

WITWER: Well, I don't know. He's not really firmly committed one way or the other. He's leaning -- or he's indicated that he's leaning -- towards signing it. But I -- you know, I want to give the governor the benefit of the doubt. He said that when he campaigned he was a business-friendly moderate. This is a anti-business bill. It's -- it's anything but moderate. As you pointed out, the Rocky Mountain News and The Denver Post are both against it. It's extreme if you can get the Independence Institute, The Denver Post, and the Rocky Mountain News to all agree on something, it's pretty good --

CALDARA: You know something's up.

WITWER: You know something's up. So, I think -- and by the way, they all opined against it for the right reasons. I mean, it's a common-sense reason.