House Bill 26-1005 Introduced

A Bill for an Act

• Page 1, Line 101Concerning measures to reduce barriers in the "Labor Peace

• Page 1, Line 102Act" to promote good faith collective bargaining

• Page 1, Line 103negotiations.

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 makes the following changes to the "Labor Peace Act":

• Specifies that employees' right to bargain collectively includes the right to bargain collectively concerning any mandatory subject of bargaining;
• Eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process;
• Declares that it is not an unfair labor practice for an employer to refuse to agree to a lawful proposal made by the exclusive representative of the employees, or for the exclusive representative of the employees to refuse to agree to a lawful proposal made by the employer, concerning a mandatory subject of bargaining if the refusing party has bargained in good faith with the other party; and
• Requires employers and employees, through their exclusive representative, to bargain in good faith.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 8-3-102, amend

• Page 2, Line 3(1)(a), (1)(b), (1)(c), and (1)(e) as follows:

• Page 2, Line 48-3-102.  Legislative declaration.

• Page 2, Line 5(1)  The public policy of the state as to employment relations and

• Page 2, Line 6collective bargaining, in the furtherance of which this article 3 is enacted,

• Page 2, Line 7is declared to be as follows:

• Page 2, Line 8(a)  It recognizes that there are three major interests involved,

• Page 2, Line 9namely: That of the public, the employee, and the employer. These three

• Page 2, Line 10interests are to a considerable extent interrelated. It is the policy of the

• Page 2, Line 11state to protect and promote each of these interests with due regard to the

• Page 2, Line 12situation and to the rights of the others the rights of all involved.

• Page 2, Line 13(b)  Industrial peace, regular and adequate income fair wages

• Page 2, Line 14and benefits for the employee, and uninterrupted production of goods

• Page 2, Line 15and services are promotive of promote all of these interests. They are

• Page 2, Line 16largely dependent upon the maintenance of fair, friendly, and mutually

• Page 2, Line 17satisfactory good faith employment relations and the availability of

• Page 2, Line 18suitable machinery for the peaceful adjustment of whatever legitimate

• Page 2, Line 19controversies may arise. It is recognized that certain employers, including

• Page 3, Line 1farmers and farmer cooperatives, in addition to their general employer

• Page 3, Line 2problems, face special problems arising from perishable commodities and

• Page 3, Line 3seasonal production which require adequate consideration. It is also

• Page 3, Line 4recognized that whatever may be the rights of disputants with respect to

• Page 3, Line 5each other in any controversy regarding employment relations, they

• Page 3, Line 6should not be permitted in the conduct of their controversy to intrude

• Page 3, Line 7directly or indirectly into the primary rights of third parties to earn a

• Page 3, Line 8livelihood, transact business, and engage in the ordinary affairs of life by

• Page 3, Line 9any lawful means and free from molestation, interference, intimidation,

• Page 3, Line 10restraint, or coercion.

• Page 3, Line 11(c)  Negotiations of Terms and conditions of work should be

• Page 3, Line 12negotiated in good faith by all parties and result from voluntary

• Page 3, Line 13agreement between an employer and employee its employees and

• Page 3, Line 14without undue interference by the state. For the purpose of such

• Page 3, Line 15negotiation, an employee has employees have the right, if he desires

• Page 3, Line 16desired, to associate with others each other in organizing and

• Page 3, Line 17bargaining collectively through representatives of his own the

• Page 3, Line 18employees' free choosing without intimidation or coercion from any

• Page 3, Line 19source.

• Page 3, Line 20(e)  In order to preserve and promote the interests of the public, the

• Page 3, Line 21employee employees, and the employer alike, the state shall establish

• Page 3, Line 22standards of fair conduct in employment relations and provide a

• Page 3, Line 23convenient, expeditious, and impartial tribunal by which these interests

• Page 3, Line 24may have their respective rights and obligations adjudicated, without

• Page 3, Line 25limiting the jurisdiction of the courts to protect property prevent

• Page 3, Line 26violence, and to prevent and punish the commission of unlawful acts.

• Page 3, Line 27While limiting individual and group rights of aggression and defense, the

• Page 4, Line 1state substitutes processes of justice for the more primitive methods of

• Page 4, Line 2trial by combat.

• Page 4, Line 3SECTION 2.  In Colorado Revised Statutes, amend 8-3-106 as

• Page 4, Line 4follows:

• Page 4, Line 58-3-106.  Rights of employees.

• Page 4, Line 6In accordance with the provisions of this article article 3,

• Page 4, Line 7employees have the right of self-organization and the right to form, join,

• Page 4, Line 8or assist labor organizations; to bargain collectively, including the

• Page 4, Line 9right to bargain collectively concerning any mandatory

• Page 4, Line 10subject of bargaining, through representatives of their own free

• Page 4, Line 11choosing; and to engage in lawful, concerted activities for the purpose of

• Page 4, Line 12collective bargaining or other mutual aid or protection. Each employee

• Page 4, Line 13also has the right to refrain from any of such activities. The rights of each

• Page 4, Line 14employee are essential rights, and nothing contained in this article

• Page 4, Line 15article 3 shall be so construed as to infringe upon or have any operation

• Page 4, Line 16against or in conflict with such rights.

• Page 4, Line 17SECTION 3.  In Colorado Revised Statutes, 8-3-108, amend

• Page 4, Line 18(1)(c)(I) and (1)(c)(III); and repeal (1)(c)(II) and (1)(c)(IV) as follows:

• Page 4, Line 198-3-108.  What are unfair labor practices.

• Page 4, Line 20(1)  It is an unfair labor practice for an employer, individually or

• Page 4, Line 21in concert with others, to:

• Page 4, Line 22(c) (I)  Encourage or discourage membership in any a labor

• Page 4, Line 23organization, employee agency, committee, association, or representation

• Page 4, Line 24plan by discrimination in regard to hiring, tenure, or other terms or

• Page 4, Line 25conditions of employment; except that an employer shall not be

• Page 4, Line 26prohibited from entering into an all-union agreement with the

• Page 4, Line 27representatives of his the employer's employees in a collective

• Page 5, Line 1bargaining unit. if such all-union agreement is approved by the

• Page 5, Line 2affirmative vote of at least a majority of all the employees eligible to vote

• Page 5, Line 3or three-quarters or more of the employees who actually voted, whichever

• Page 5, Line 4is greater, by secret ballot in favor of such all-union agreement in an

• Page 5, Line 5election provided for in this paragraph (c) conducted under the

• Page 5, Line 6supervision of the director. Where the collective bargaining unit involved

• Page 5, Line 7is currently recognized under sections 8 or 9 of the "National Labor

• Page 5, Line 8Relations Act", as amended, (49 Stat. 449; 61 Stat. 136), or where the

• Page 5, Line 9collective bargaining unit involved is currently recognized by reason of

• Page 5, Line 10certification by the director or the national labor relations board, or where

• Page 5, Line 11such units were so recognized at the time of an election provided for in

• Page 5, Line 12this paragraph (c), there is and shall be deemed to have been no need for

• Page 5, Line 13a certification election as a precedent to an election provided for in this

• Page 5, Line 14paragraph (c) in such collective bargaining unit on the issue of an

• Page 5, Line 15all-union agreement. The employees in such a recognized or certified unit

• Page 5, Line 16within this state shall be the only employees eligible to vote in an election

• Page 5, Line 17provided for in this paragraph (c) held in such unit.

• Page 5, Line 18(II) (A)  Any agreement as defined in section 8-3-104 (1.5)

• Page 5, Line 19between an employer and a labor organization in existence on June 29,

• Page 5, Line 201977, which has not been voted upon by the employees covered by it

• Page 5, Line 21may, by written mutual agreement of such employer and labor

• Page 5, Line 22organization, be ratified and upon such ratification shall be filed with the

• Page 5, Line 23director. Any agreement as defined in section 8-3-104 (1.5) between an

• Page 5, Line 24employer and a labor organization in existence on June 29, 1977, which

• Page 5, Line 25has not been ratified and filed, as provided in this subsection (1)(c)(II),

• Page 5, Line 26shall not be legal, valid, or enforceable during the remaining term of that

• Page 5, Line 27labor contract unless and until either the employer, the labor organization,

• Page 6, Line 1or at least twenty percent of the employees covered by such agreement

• Page 6, Line 2file a petition upon forms provided by the division, demanding an election

• Page 6, Line 3submitting the question of the all-union agreement to the employees

• Page 6, Line 4covered by such agreement and said agreement is approved by the

• Page 6, Line 5affirmative vote of at least a majority of all the employees eligible to vote

• Page 6, Line 6or three-quarters or more of the employees who actually voted, whichever

• Page 6, Line 7is greater, by secret ballot in favor of such all-union agreement in an

• Page 6, Line 8election provided for in this subsection (1)(c) conducted under the

• Page 6, Line 9supervision of the director.

• Page 6, Line 10(B)  Upon filing of such instrument of ratification with the

• Page 6, Line 11director, the director shall certify that such agreement complies with the

• Page 6, Line 12provisions of section 8-3-104 (1.5) notwithstanding the absence of any

• Page 6, Line 13other election requirements of this article 3, and by virtue of such

• Page 6, Line 14ratification and certification, such agreement shall be deemed legal, valid,

• Page 6, Line 15and enforceable to the extent permitted under the provisions of this article

• Page 6, Line 163, subject to the provisions of subsection (1)(c)(II)(D) of this section.

• Page 6, Line 17(C)  Within two weeks after the certification by the director

• Page 6, Line 18provided for in sub-subparagraph (B) of this subparagraph (II), the

• Page 6, Line 19employer which is a party to such agreement shall post or give written

• Page 6, Line 20notice to all employees covered by such agreement on the date of

• Page 6, Line 21ratification of the fact that the agreement has been ratified and certified

• Page 6, Line 22pursuant to the provisions of this subparagraph (II) and of the right of

• Page 6, Line 23such employees to file a petition demanding an election as provided in

• Page 6, Line 24sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice

• Page 6, Line 25shall be filed with the director within twenty days after the certification

• Page 6, Line 26by the director provided for in sub-subparagraph (B) of this subparagraph

• Page 6, Line 27(II).

• Page 7, Line 1(D)  Within forty-five days after the certification by the director

• Page 7, Line 2provided for in sub-subparagraph (B) of this subparagraph (II) twenty

• Page 7, Line 3percent of the employees covered by such agreement may file a petition,

• Page 7, Line 4upon forms provided by the division, demanding an election submitting

• Page 7, Line 5the question of ratification of such agreement to the employees covered

• Page 7, Line 6by such agreement. If ratification of the agreement is approved by the

• Page 7, Line 7affirmative vote of at least a majority of all the employees eligible to vote

• Page 7, Line 8or three-quarters or more of the employees who actually voted, whichever

• Page 7, Line 9is greater, in said election, the agreement shall be conclusively deemed

• Page 7, Line 10ratified. Such election shall be held as promptly as possible following the

• Page 7, Line 11filing of the petition. In the event that a certified contract expires or is

• Page 7, Line 12terminated prior to the conducting of such an election, such certification

• Page 7, Line 13shall be applicable to any subsequent agreement between the same parties

• Page 7, Line 14until such election may be held.

• Page 7, Line 15(III)  The director shall declare any such an all-union agreement

• Page 7, Line 16terminated whenever

• Page 7, Line 17(A)  He the director finds that the labor organization involved

• Page 7, Line 18has unreasonably has refused to receive as a member any an employee

• Page 7, Line 19of such the employer, and any person an interested individual may

• Page 7, Line 20come before the director, as provided in section 8-3-110, and ask the

• Page 7, Line 21performance of this duty. or

• Page 7, Line 22(B)  The employer or twenty percent of the employees covered by

• Page 7, Line 23such agreement file a petition with the director on forms provided by the

• Page 7, Line 24division seeking to revoke such all-union agreement and, in an election

• Page 7, Line 25conducted under the supervision of the director, there is not an

• Page 7, Line 26affirmative vote of at least a majority of all the employees eligible to vote

• Page 7, Line 27or three-quarters or more of the employees who actually voted, whichever

• Page 8, Line 1is greater, in such election by secret ballot in favor of such all-union

• Page 8, Line 2agreement. Such petition may only be filed within a time period between

• Page 8, Line 3one hundred twenty and one hundred five days prior to the end of the

• Page 8, Line 4collective bargaining agreement or prior to a triennial anniversary of the

• Page 8, Line 5date of such agreement, and the division must complete said election

• Page 8, Line 6within sixty days prior to the termination or triennial anniversary of said

• Page 8, Line 7collective bargaining agreement. The director may conduct an election

• Page 8, Line 8within a collective bargaining unit no more often than once during the

• Page 8, Line 9term of any collective bargaining agreement or once every three years in

• Page 8, Line 10the case of agreements for a period longer than three years.

• Page 8, Line 11(IV)  The director shall provide a means by which employees may

• Page 8, Line 12submit confidential petitions for an election under this paragraph (c), a

• Page 8, Line 13means for verifying the employment, status, and eligibility of petitioners,

• Page 8, Line 14and a means for determining the sufficiency of such petitions with respect

• Page 8, Line 15to the twenty percent signature requirement, all of which shall be

• Page 8, Line 16accomplished without disclosing the identification of such petitioners,

• Page 8, Line 17except as allowed under subparagraph (V) of this paragraph (c). This duty

• Page 8, Line 18shall apply to petitions filed pursuant to subparagraph (II)(A), (II)(D), or

• Page 8, Line 19(III)(B) of this paragraph (c).

• Page 8, Line 20SECTION 4.  In Colorado Revised Statutes, 8-3-109, amend (3);

• Page 8, Line 21and add (4) as follows:

• Page 8, Line 228-3-109.  What are not unfair labor practices - obligation to

• Page 8, Line 23bargain in good faith.

• Page 8, Line 24(3)  It shall not be is not an unfair labor practice for an employer

• Page 8, Line 25engaged primarily in the building and construction industry to enter into

• Page 8, Line 26an all-union agreement. except an agreement providing for an agency

• Page 8, Line 27shop or modified agency shop, with a labor organization, which

• Page 9, Line 1agreement is limited in its coverage to employees who, upon their

• Page 9, Line 2employment, will be engaged in the building and construction industry,

• Page 9, Line 3if a copy of such agreement is filed with the director and certified by him

• Page 9, Line 4as provided in section 8-3-108 (1)(c)(II)(B). Such agreement may be

• Page 9, Line 5ratified as provided in section 8-3-108 (1)(c)(II)(C) or terminated by the

• Page 9, Line 6director as provided in section 8-3-108 (1)(c)(III).

• Page 9, Line 7(4)  It is not an unfair labor practice for an employer to

• Page 9, Line 8refuse to agree to a lawful proposal made by the exclusive

• Page 9, Line 9representative of the employees, or for the exclusive

• Page 9, Line 10representative of the employees to refuse to agree to a lawful

• Page 9, Line 11proposal made by the employer, concerning a mandatory subject

• Page 9, Line 12of bargaining if the refusing party has bargained in good faith

• Page 9, Line 13with the other party. Employers and employees, through their

• Page 9, Line 14exclusive representative, have the obligation to bargain in good

• Page 9, Line 15faith. The obligation to bargain in good faith does not compel

• Page 9, Line 16either party to agree to a proposal or make a concession.

• Page 9, Line 17SECTION 5.  Applicability. This act applies to collective

• Page 9, Line 18bargaining agreements entered into or renewed on or after the effective

• Page 9, Line 19date of this act.

• Page 9, Line 20SECTION 6.  Safety clause. The general assembly finds,

• Page 9, Line 21determines, and declares that this act is necessary for the immediate

• Page 9, Line 22preservation of the public peace, health, or safety or for appropriations for

• Page 9, Line 23the support and maintenance of the departments of the state and state

• Page 9, Line 24institutions.