First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0290.02 Kristen Forrestal x4217
SENATE BILL 25-005
Senate Committees House Committees
Business, Labor, & Technology
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ELIMINATION OF THE REQUIREMENT FOR A SECOND101
ELECTION TO NEGOTIATE A UNION SECURITY CLAUSE IN THE102
COLLECTIVE BARGAINING PROCESS , AND, IN CONNECTION
103
THEREWITH, REDUCING AN APPROPRIATION .104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill eliminates the requirement for a second election to
negotiate a union security agreement clause in the collective bargaining
process.
SENATE
3rd Reading Unamended
February 18, 2025
SENATE
Amended 2nd Reading
February 13, 2025
SENATE SPONSORSHIP
Rodriguez and Danielson, Amabile, Bridges, Cutter, Exum, Gonzales J., Hinrichsen,
Kipp, Kolker, Marchman, Michaelson Jenet, Sullivan, Weissman, Winter F., Ball, Coleman,
Daugherty, Jodeh, Mullica, Snyder
HOUSE SPONSORSHIP
Mabrey and Bacon, Duran, Boesenecker, Brown, Froelich, Martinez, Mauro, McCormick,
Story, Velasco, Woodrow, Camacho, Carter, Clifford, English, Garcia, Gilchrist, Hamrick,
Joseph, Lieder, Lindsay, Lukens, Paschal, Rutinel, Sirota, Smith, Stewart K., Stewart R.,
Titone, Willford, Zokaie
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-3-108, amend2
(1)(c)(I) and (1)(c)(III); and repeal (1)(c)(II) and (1)(c)(IV) as follows:3
8-3-108. What are unfair labor practices. (1) It is an unfair4
labor practice for an employer, individually or in concert with others, to:5
(c) (I) Encourage or discourage membership in any A labor6
organization, employee agency, committee, association, or representation7
plan by discrimination in regard to hiring, tenure, or other terms or8
conditions of employment; except that an employer shall not be9
prohibited from entering into an all-union agreement with the10
representatives of his THE EMPLOYER'S employees in a collective11
bargaining unit. if such all-union agreement is approved by the12
affirmative vote of at least a majority of all the employees eligible to vote13
or three-quarters or more of the employees who actually voted, whichever14
is greater, by secret ballot in favor of such all-union agreement in an15
election provided for in this paragraph (c) conducted under the16
supervision of the director. Where the collective bargaining unit involved17
is currently recognized under sections 8 or 9 of the "National Labor18
Relations Act", as amended, (49 Stat. 449; 61 Stat. 136), or where the19
collective bargaining unit involved is currently recognized by reason of20
certification by the director or the national labor relations board, or where21
such units were so recognized at the time of an election provided for in22
this paragraph (c), there is and shall be deemed to have been no need for23
a certification election as a precedent to an election provided for in this24
paragraph (c) in such collective bargaining unit on the issue of an25
all-union agreement. The employees in such a recognized or certified unit26
005-2- within this state shall be the only employees eligible to vote in an election1
provided for in this paragraph (c) held in such unit.2
(II) (A) Any agreement as defined in section 8-3-104 (1.5)3
between an employer and a labor organization in existence on June 29,4
1977, which has not been voted upon by the employees covered by it5
may, by written mutual agreement of such employer and labor6
organization, be ratified and upon such ratification shall be filed with the7
director. Any agreement as defined in section 8-3-104 (1.5) between an8
employer and a labor organization in existence on June 29, 1977, which9
has not been ratified and filed, as provided in this subsection (1)(c)(II),10
shall not be legal, valid, or enforceable during the remaining term of that11
labor contract unless and until either the employer, the labor organization,12
or at least twenty percent of the employees covered by such agreement13
file a petition upon forms provided by the division, demanding an election14
submitting the question of the all-union agreement to the employees15
covered by such agreement and said agreement is approved by the16
affirmative vote of at least a majority of all the employees eligible to vote17
or three-quarters or more of the employees who actually voted, whichever18
is greater, by secret ballot in favor of such all-union agreement in an19
election provided for in this subsection (1)(c) conducted under the20
supervision of the director.21
(B) Upon filing of such instrument of ratification with the22
director, the director shall certify that such agreement complies with the23
provisions of section 8-3-104 (1.5) notwithstanding the absence of any24
other election requirements of this article 3, and by virtue of such25
ratification and certification, such agreement shall be deemed legal, valid,26
and enforceable to the extent permitted under the provisions of this article27
005
-3- 3, subject to the provisions of subsection (1)(c)(II)(D) of this section.1
(C) Within two weeks after the certification by the director2
provided for in sub-subparagraph (B) of this subparagraph (II), the3
employer which is a party to such agreement shall post or give written4
notice to all employees covered by such agreement on the date of5
ratification of the fact that the agreement has been ratified and certified6
pursuant to the provisions of this subparagraph (II) and of the right of7
such employees to file a petition demanding an election as provided in8
sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice9
shall be filed with the director within twenty days after the certification10
by the director provided for in sub-subparagraph (B) of this subparagraph11
(II).12
(D) Within forty-five days after the certification by the director13
provided for in sub-subparagraph (B) of this subparagraph (II) twenty14
percent of the employees covered by such agreement may file a petition,15
upon forms provided by the division, demanding an election submitting16
the question of ratification of such agreement to the employees covered17
by such agreement. If ratification of the agreement is approved by the18
affirmative vote of at least a majority of all the employees eligible to vote19
or three-quarters or more of the employees who actually voted, whichever20
is greater, in said election, the agreement shall be conclusively deemed21
ratified. Such election shall be held as promptly as possible following the22
filing of the petition. In the event that a certified contract expires or is23
terminated prior to the conducting of such an election, such certification24
shall be applicable to any subsequent agreement between the same parties25
until such election may be held.26
(III) The director shall declare any such AN all-union agreement27
005
-4- terminated whenever1
(A) He THE DIRECTOR finds that the labor organization involved2
HAS unreasonably has refused to receive as a member any AN employee3
of such THE employer, and any person AN interested INDIVIDUAL may4
come before the director, as provided in section 8-3-110, and ask the5
performance of this duty. or6
(B) The employer or twenty percent of the employees covered by7
such agreement file a petition with the director on forms provided by the8
division seeking to revoke such all-union agreement and, in an election9
conducted under the supervision of the director, there is not an10
affirmative vote of at least a majority of all the employees eligible to vote11
or three-quarters or more of the employees who actually voted, whichever12
is greater, in such election by secret ballot in favor of such all-union13
agreement. Such petition may only be filed within a time period between14
one hundred twenty and one hundred five days prior to the end of the15
collective bargaining agreement or prior to a triennial anniversary of the16
date of such agreement, and the division must complete said election17
within sixty days prior to the termination or triennial anniversary of said18
collective bargaining agreement. The director may conduct an election19
within a collective bargaining unit no more often than once during the20
term of any collective bargaining agreement or once every three years in21
the case of agreements for a period longer than three years.22
(IV) The director shall provide a means by which employees may23
submit confidential petitions for an election under this paragraph (c), a24
means for verifying the employment, status, and eligibility of petitioners,25
and a means for determining the sufficiency of such petitions with respect26
to the twenty percent signature requirement, all of which shall be27
005
-5- accomplished without disclosing the identification of such petitioners,1
except as allowed under subparagraph (V) of this paragraph (c). This duty2
shall apply to petitions filed pursuant to subparagraph (II)(A), (II)(D), or3
(III)(B) of this paragraph (c).4
SECTION 2. In Colorado Revised Statutes, 8-3-109, amend (3)5
as follows:6
8-3-109. What are not unfair labor practices. (3) It shall not be7
IS NOT an unfair labor practice for an employer engaged primarily in the8
building and construction industry to enter into an all-union agreement.9
except an agreement providing for an agency shop or modified agency10
shop, with a labor organization, which agreement is limited in its11
coverage to employees who, upon their employment, will be engaged in12
the building and construction industry, if a copy of such agreement is13
filed with the director and certified by him as provided in section 8-3-10814
(1)(c)(II)(B). Such agreement may be ratified as provided in section15
8-3-108 (1)(c)(II)(C) or terminated by the director as provided in section16
8-3-108 (1)(c)(III).17
SECTION 3. Appropriation - adjustments to 2025 long bill.18
(1) Except as provided in subsection (2) of this section, to implement this19
act, the general fund appropriation made in the annual general20
appropriation act for the 2025-26 state fiscal year to the department of 21
labor and employment for use by the division of labor standards and22
statistics for labor standards program costs is decreased by $20,246, and23
the related FTE is decreased by 0.2 FTE.24
(2) Subsection (1) of this section does not require a reduction of25
an appropriation in the annual general appropriation act for the 2025-2626
state fiscal year if:27
005
-6- (a) The amount of the general fund appropriation made in the1
annual general appropriation act for the 2025-26 state fiscal year to the2
department of labor and employment for use by the division of labor3
standards and statistics for labor standards program costs is less than the4
amount of the adjustment required in subsection (1) of this section; or5
(b) The annual general appropriation act for the 2025-26 state6
fiscal year does not include an appropriation to the department of labor7
and employment for use by the division of labor standards and statistics8
for labor standards program costs.9
SECTION 4. Effective date. This act takes effect upon passage;10
except that section 3 of this act takes effect only if the annual general11
appropriation act for the 2025-26 state fiscal year becomes law, in which12
case section 3 takes effect upon the effective date of this act or of the13
annual general appropriation act for state fiscal year 2025-26, whichever14
is later.15
SECTION 5. Safety clause. The general assembly finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety or for appropriations for18
the support and maintenance of the departments of the state and state19
institutions.20
005
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