Colorado 2025 Regular Session

Colorado Senate Bill SB005 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0290.02 Kristen Forrestal x4217
8	8		SENATE BILL 25-005
9	9		Senate Committees House Committees
10	10		Business, Labor, & Technology
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING THE ELIMINATION OF THE REQUIREMENT FOR A SECOND101
15	15		ELECTION TO NEGOTIATE A UNION SECURITY CLAUSE IN THE102
16	16		COLLECTIVE BARGAINING PROCESS , AND, IN CONNECTION
17	17		103
18	18		THEREWITH, REDUCING AN APPROPRIATION .104
19	19		Bill Summary
20	20		(Note: This summary applies to this bill as introduced and does
21	21		not reflect any amendments that may be subsequently adopted. If this bill
22	22		passes third reading in the house of introduction, a bill summary that
23	23		applies to the reengrossed version of this bill will be available at
24	24		http://leg.colorado.gov
25	25		.)
26	26		The bill eliminates the requirement for a second election to
27	27		negotiate a union security agreement clause in the collective bargaining
28	28		process.
29	29		SENATE
30		-	3rd Reading Unamended
31		-	February 18, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		February 13, 2025
35	32		SENATE SPONSORSHIP
36	33		Rodriguez and Danielson, Amabile, Bridges, Cutter, Exum, Gonzales J., Hinrichsen,
37		-	Kipp, Kolker, Marchman, Michaelson Jenet, Sullivan, Weissman, Winter F., Ball, Coleman,
38		-	Daugherty, Jodeh, Mullica, Snyder
	34	+	Kipp, Kolker, Marchman, Michaelson Jenet, Sullivan, Weissman, Winter F.
39	35		HOUSE SPONSORSHIP
40		-	Mabrey and Bacon, Duran, Boesenecker, Brown, Froelich, Martinez, Mauro, ~~McCormick,~~
41		-	Story, Velasco, Woodrow, Camacho, Carter, Clifford, English, Garcia, Gilchrist, ~~Hamrick,~~
42		-	Joseph, Lieder, Lindsay, Lukens, Paschal, Rutinel, Sirota, Smith, Stewart K., ~~Stewart R.,~~
43		-	Titone, Willford, Zokaie
	36	+	Mabrey and Bacon, Duran, Boesenecker, Brown, Froelich, Jodeh, Martinez, Mauro,
	37	+	McCormick, Story, Velasco, Woodrow, Camacho, Carter, Clifford, English, Garcia, Gilchrist,
	38	+	Hamrick, Joseph, Lieder, Lindsay, Lukens, Paschal, Rutinel, Sirota, Smith, Stewart K.,
	39	+	Stewart R., Titone, Willford, Zokaie
44	40		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
45	41		Capital letters or bold & italic numbers indicate new material to be added to existing law.
46	42		Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
47	43		SECTION 1. In Colorado Revised Statutes, 8-3-108, amend2
48	44		(1)(c)(I) and (1)(c)(III); and repeal (1)(c)(II) and (1)(c)(IV) as follows:3
49	45		8-3-108. What are unfair labor practices. (1) It is an unfair4
50	46		labor practice for an employer, individually or in concert with others, to:5
51	47		(c) (I) Encourage or discourage membership in any A labor6
52	48		organization, employee agency, committee, association, or representation7
53	49		plan by discrimination in regard to hiring, tenure, or other terms or8
54	50		conditions of employment; except that an employer shall not be9
55	51		prohibited from entering into an all-union agreement with the10
56	52		representatives of his THE EMPLOYER'S employees in a collective11
57	53		bargaining unit. if such all-union agreement is approved by the12
58	54		affirmative vote of at least a majority of all the employees eligible to vote13
59	55		or three-quarters or more of the employees who actually voted, whichever14
60	56		is greater, by secret ballot in favor of such all-union agreement in an15
61	57		election provided for in this paragraph (c) conducted under the16
62	58		supervision of the director. Where the collective bargaining unit involved17
63	59		is currently recognized under sections 8 or 9 of the "National Labor18
64	60		Relations Act", as amended, (49 Stat. 449; 61 Stat. 136), or where the19
65	61		collective bargaining unit involved is currently recognized by reason of20
66	62		certification by the director or the national labor relations board, or where21
67	63		such units were so recognized at the time of an election provided for in22
68	64		this paragraph (c), there is and shall be deemed to have been no need for23
69	65		a certification election as a precedent to an election provided for in this24
70	66		paragraph (c) in such collective bargaining unit on the issue of an25
71	67		all-union agreement. The employees in such a recognized or certified unit26
72	68		005-2- within this state shall be the only employees eligible to vote in an election1
73	69		provided for in this paragraph (c) held in such unit.2
74	70		(II) (A) Any agreement as defined in section 8-3-104 (1.5)3
75	71		between an employer and a labor organization in existence on June 29,4
76	72		1977, which has not been voted upon by the employees covered by it5
77	73		may, by written mutual agreement of such employer and labor6
78	74		organization, be ratified and upon such ratification shall be filed with the7
79	75		director. Any agreement as defined in section 8-3-104 (1.5) between an8
80	76		employer and a labor organization in existence on June 29, 1977, which9
81	77		has not been ratified and filed, as provided in this subsection (1)(c)(II),10
82	78		shall not be legal, valid, or enforceable during the remaining term of that11
83	79		labor contract unless and until either the employer, the labor organization,12
84	80		or at least twenty percent of the employees covered by such agreement13
85	81		file a petition upon forms provided by the division, demanding an election14
86	82		submitting the question of the all-union agreement to the employees15
87	83		covered by such agreement and said agreement is approved by the16
88	84		affirmative vote of at least a majority of all the employees eligible to vote17
89	85		or three-quarters or more of the employees who actually voted, whichever18
90	86		is greater, by secret ballot in favor of such all-union agreement in an19
91	87		election provided for in this subsection (1)(c) conducted under the20
92	88		supervision of the director.21
93	89		(B) Upon filing of such instrument of ratification with the22
94	90		director, the director shall certify that such agreement complies with the23
95	91		provisions of section 8-3-104 (1.5) notwithstanding the absence of any24
96	92		other election requirements of this article 3, and by virtue of such25
97	93		ratification and certification, such agreement shall be deemed legal, valid,26
98	94		and enforceable to the extent permitted under the provisions of this article27
99	95		005
100	96		-3- 3, subject to the provisions of subsection (1)(c)(II)(D) of this section.1
101	97		(C) Within two weeks after the certification by the director2
102	98		provided for in sub-subparagraph (B) of this subparagraph (II), the3
103	99		employer which is a party to such agreement shall post or give written4
104	100		notice to all employees covered by such agreement on the date of5
105	101		ratification of the fact that the agreement has been ratified and certified6
106	102		pursuant to the provisions of this subparagraph (II) and of the right of7
107	103		such employees to file a petition demanding an election as provided in8
108	104		sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice9
109	105		shall be filed with the director within twenty days after the certification10
110	106		by the director provided for in sub-subparagraph (B) of this subparagraph11
111	107		(II).12
112	108		(D) Within forty-five days after the certification by the director13
113	109		provided for in sub-subparagraph (B) of this subparagraph (II) twenty14
114	110		percent of the employees covered by such agreement may file a petition,15
115	111		upon forms provided by the division, demanding an election submitting16
116	112		the question of ratification of such agreement to the employees covered17
117	113		by such agreement. If ratification of the agreement is approved by the18
118	114		affirmative vote of at least a majority of all the employees eligible to vote19
119	115		or three-quarters or more of the employees who actually voted, whichever20
120	116		is greater, in said election, the agreement shall be conclusively deemed21
121	117		ratified. Such election shall be held as promptly as possible following the22
122	118		filing of the petition. In the event that a certified contract expires or is23
123	119		terminated prior to the conducting of such an election, such certification24
124	120		shall be applicable to any subsequent agreement between the same parties25
125	121		until such election may be held.26
126	122		(III) The director shall declare any such AN all-union agreement27
127	123		005
128	124		-4- terminated whenever1
129	125		(A) He THE DIRECTOR finds that the labor organization involved2
130	126		HAS unreasonably has refused to receive as a member any AN employee3
131	127		of such THE employer, and any person AN interested INDIVIDUAL may4
132	128		come before the director, as provided in section 8-3-110, and ask the5
133	129		performance of this duty. or6
134	130		(B) The employer or twenty percent of the employees covered by7
135	131		such agreement file a petition with the director on forms provided by the8
136	132		division seeking to revoke such all-union agreement and, in an election9
137	133		conducted under the supervision of the director, there is not an10
138	134		affirmative vote of at least a majority of all the employees eligible to vote11
139	135		or three-quarters or more of the employees who actually voted, whichever12
140	136		is greater, in such election by secret ballot in favor of such all-union13
141	137		agreement. Such petition may only be filed within a time period between14
142	138		one hundred twenty and one hundred five days prior to the end of the15
143	139		collective bargaining agreement or prior to a triennial anniversary of the16
144	140		date of such agreement, and the division must complete said election17
145	141		within sixty days prior to the termination or triennial anniversary of said18
146	142		collective bargaining agreement. The director may conduct an election19
147	143		within a collective bargaining unit no more often than once during the20
148	144		term of any collective bargaining agreement or once every three years in21
149	145		the case of agreements for a period longer than three years.22
150	146		(IV) The director shall provide a means by which employees may23
151	147		submit confidential petitions for an election under this paragraph (c), a24
152	148		means for verifying the employment, status, and eligibility of petitioners,25
153	149		and a means for determining the sufficiency of such petitions with respect26
154	150		to the twenty percent signature requirement, all of which shall be27
155	151		005
156	152		-5- accomplished without disclosing the identification of such petitioners,1
157	153		except as allowed under subparagraph (V) of this paragraph (c). This duty2
158	154		shall apply to petitions filed pursuant to subparagraph (II)(A), (II)(D), or3
159	155		(III)(B) of this paragraph (c).4
160	156		SECTION 2. In Colorado Revised Statutes, 8-3-109, amend (3)5
161	157		as follows:6
162	158		8-3-109. What are not unfair labor practices. (3) It shall not be7
163	159		IS NOT an unfair labor practice for an employer engaged primarily in the8
164	160		building and construction industry to enter into an all-union agreement.9
165	161		except an agreement providing for an agency shop or modified agency10
166	162		shop, with a labor organization, which agreement is limited in its11
167	163		coverage to employees who, upon their employment, will be engaged in12
168	164		the building and construction industry, if a copy of such agreement is13
169	165		filed with the director and certified by him as provided in section 8-3-10814
170	166		(1)(c)(II)(B). Such agreement may be ratified as provided in section15
171	167		8-3-108 (1)(c)(II)(C) or terminated by the director as provided in section16
172	168		8-3-108 (1)(c)(III).17
173	169		SECTION 3. Appropriation - adjustments to 2025 long bill.18
174	170		(1) Except as provided in subsection (2) of this section, to implement this19
175	171		act, the general fund appropriation made in the annual general20
176	172		appropriation act for the 2025-26 state fiscal year to the department of 21
177	173		labor and employment for use by the division of labor standards and22
178	174		statistics for labor standards program costs is decreased by $20,246, and23
179	175		the related FTE is decreased by 0.2 FTE.24
180	176		(2) Subsection (1) of this section does not require a reduction of25
181	177		an appropriation in the annual general appropriation act for the 2025-2626
182	178		state fiscal year if:27
183	179		005
184	180		-6- (a) The amount of the general fund appropriation made in the1
185	181		annual general appropriation act for the 2025-26 state fiscal year to the2
186	182		department of labor and employment for use by the division of labor3
187	183		standards and statistics for labor standards program costs is less than the4
188	184		amount of the adjustment required in subsection (1) of this section; or5
189	185		(b) The annual general appropriation act for the 2025-26 state6
190	186		fiscal year does not include an appropriation to the department of labor7
191	187		and employment for use by the division of labor standards and statistics8
192	188		for labor standards program costs.9
193	189		SECTION 4. Effective date. This act takes effect upon passage;10
194	190		except that section 3 of this act takes effect only if the annual general11
195	191		appropriation act for the 2025-26 state fiscal year becomes law, in which12
196	192		case section 3 takes effect upon the effective date of this act or of the13
197	193		annual general appropriation act for state fiscal year 2025-26, whichever14
198	194		is later.15
199	195		SECTION 5. Safety clause. The general assembly finds,16
200	196		determines, and declares that this act is necessary for the immediate17
201	197		preservation of the public peace, health, or safety or for appropriations for18
202	198		the support and maintenance of the departments of the state and state19
203	199		institutions.20
204	200		005
205	201		-7-