Democrats in the Colorado legislature plan to introduce a bill during the upcoming legislative session that would make it easier for employees to form unions, reigniting a fight over labor policy with Gov. Jared Polis after he vetoed the same measure last year.
The bill, dubbed the Worker Protection Act by supporters, would repeal a requirement that workers hold a second election before their union can operate fully, following a simple majority vote to unionize in the first place. In the second election, a three-quarter majority of a company's workers must sign off in order to negotiate over union security, which is when every employee must pay into union fees, regardless if they are a union member.
The rule is unique to Colorado and was created as part of the state's Labor Peace Act more than 80 years ago.
The measure is a top priority for legislative Democrats and Colorado's labor unions. Supporters argue the second election gives employers additional time to delay negotiations and pressure workers, making it harder to organize and weakening unions' bargaining power.
"This law does not protect freedom. It protects corporate power. Repealing the second vote doesn't force anyone to join our union. It simply puts workers on equal footing," said Kylie Anderson, a Starbucks barista and union member. "If we believe in democracy, it has to apply at work."
State Sen. Julie Gonzales, a Denver Democrat and one of the proposal's sponsors, spoke at a rally at the State Capitol on Thursday launching this year's bill.
"When workers decide to form a union, that decision ought to be respected every single time," Gonzales, who is also running for U.S. Senate, said. "That second election does not protect workers. It gives corporate ownership more time to delay, intimidate and divide."
Democrats took a first stab at the policy during last year's legislative session and worked for months to find a compromise between unions, business groups and the governor's office. But the negotiations fell apart, and Democrats passed the bill as introduced, along party lines. Polis vetoed the bill in May.
In his veto statement, Polis said he supports changes to the state's Worker Protection Act and any revisions must meet a high bar for worker participation.
"I believe there must be a high threshold of worker participation and approval to allow for bargaining over mandatory wage deduction… The law can and should be amended to more fairly allow workers to choose union security."
The rift between Polis and legislative Democrats over labor goes beyond last year's fight. He also faced backlash from Democrats when he vetoed several worker-protection bills in 2024.
"The Governor is frustrated and surprised that the same piece of legislation could come forward, recognizing last year's outcome and that nothing has changed. He urges labor and business to come together to work on a solution together that is right for Colorado," spokesperson for the governor, Shelby Wieman, said in a statement.
Business groups applauded last year's veto and say they remain opposed to the proposal.
"The Colorado Chamber's priority is to preserve the balance in Colorado labor laws that keeps us competitive, respects employee autonomy, and attracts top businesses to the state," Chamber of Commerce President and CEO Loren Furman said in a statement. "The Chamber has not been included in any discussions to collaborate or work through concerns we had from last year's bill. We will oppose any legislation that runs counter to our priorities and threatens our business climate."
The bill's sponsors say they are open to restarting negotiations, but stopped short of agreeing to compromise further to appease business groups and the governor.
"Last year, we were willing to make big concessions to get something meaningful done, and we're willing to pick up where we left off," said Democratic Rep. Javier Mabrey of Denver. "If the governor wants to show he's on the side of workers, here's another opportunity."
Also, with Polis now in his last year in office, Mabrey said the bill's sponsors are also looking ahead to the next governor. He didn't call on gubernatorial candidates by name, but challenged them to follow through on their claims that they stand with Colorado workers by supporting the bill.
Republicans have yet to take an official position on this year's bill, but said they would oppose it if it remains the same as last year's.
"If there has been no compromise between labor and businesses, we anticipate the bill will face similar opposition to that in 2025 and that Gov. Polis will veto it," Senate Minority Leader Cleave Simpson said in a statement.
Every Republican lawmaker voted against last year's bill.
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