Senate Bill 25-005 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the elimination of the requirement for a second

• Page 1, Line 102election to negotiate a union security clause in the

• Page 1, Line 103collective bargaining process.

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.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 8-3-108, amend (1)(c)(I) and (1)(c)(III); and repeal (1)(c)(II) and (1)(c)(IV) as follows:

• Page 2, Line 38-3-108.  What are unfair labor practices. (1)  It is an unfair labor practice for an employer, individually or in concert with others, to:

• Page 2, Line 4(c) (I)  Encourage or discourage membership in any a labor

• Page 2, Line 5organization, employee agency, committee, association, or representation

• Page 2, Line 6plan by discrimination in regard to hiring, tenure, or other terms or

• Page 2, Line 7conditions of employment; except that an employer shall not be

• Page 2, Line 8prohibited from entering into an all-union agreement with the

• Page 2, Line 9representatives of his the employer's employees in a collective

• Page 2, Line 10bargaining unit. if such all-union agreement is approved by the

• Page 2, Line 11affirmative vote of at least a majority of all the employees eligible to vote

• Page 2, Line 12or three-quarters or more of the employees who actually voted, whichever

• Page 2, Line 13is greater, by secret ballot in favor of such all-union agreement in an

• Page 2, Line 14election provided for in this paragraph (c) conducted under the

• Page 2, Line 15supervision of the director. Where the collective bargaining unit involved

• Page 2, Line 16is currently recognized under sections 8 or 9 of the "National Labor

• Page 2, Line 17Relations Act", as amended, (49 Stat. 449; 61 Stat. 136), or where the

• Page 2, Line 18collective bargaining unit involved is currently recognized by reason of

• Page 2, Line 19certification by the director or the national labor relations board, or where

• Page 2, Line 20such units were so recognized at the time of an election provided for in

• Page 2, Line 21this paragraph (c), there is and shall be deemed to have been no need for

• Page 2, Line 22a certification election as a precedent to an election provided for in this

• Page 2, Line 23paragraph (c) in such collective bargaining unit on the issue of an

• Page 2, Line 24all-union agreement. The employees in such a recognized or certified unit

• Page 2, Line 25within this state shall be the only employees eligible to vote in an election provided for in this paragraph (c) held in such unit.

• Page 3, Line 1(II) (A)  Any agreement as defined in section 8-3-104 (1.5)

• Page 3, Line 2between an employer and a labor organization in existence on June 29,

• Page 3, Line 31977, which has not been voted upon by the employees covered by it

• Page 3, Line 4may, by written mutual agreement of such employer and labor

• Page 3, Line 5organization, be ratified and upon such ratification shall be filed with the

• Page 3, Line 6director. Any agreement as defined in section 8-3-104 (1.5) between an

• Page 3, Line 7employer and a labor organization in existence on June 29, 1977, which

• Page 3, Line 8has not been ratified and filed, as provided in this subsection (1)(c)(II),

• Page 3, Line 9shall not be legal, valid, or enforceable during the remaining term of that

• Page 3, Line 10labor contract unless and until either the employer, the labor organization,

• Page 3, Line 11or at least twenty percent of the employees covered by such agreement

• Page 3, Line 12file a petition upon forms provided by the division, demanding an election

• Page 3, Line 13submitting the question of the all-union agreement to the employees

• Page 3, Line 14covered by such agreement and said agreement is approved by the

• Page 3, Line 15affirmative vote of at least a majority of all the employees eligible to vote

• Page 3, Line 16or three-quarters or more of the employees who actually voted, whichever

• Page 3, Line 17is greater, by secret ballot in favor of such all-union agreement in an

• Page 3, Line 18election provided for in this subsection (1)(c) conducted under the supervision of the director.

• Page 3, Line 19(B)  Upon filing of such instrument of ratification with the

• Page 3, Line 20director, the director shall certify that such agreement complies with the

• Page 3, Line 21provisions of section 8-3-104 (1.5) notwithstanding the absence of any

• Page 3, Line 22other election requirements of this article 3, and by virtue of such

• Page 3, Line 23ratification and certification, such agreement shall be deemed legal, valid,

• Page 3, Line 24and enforceable to the extent permitted under the provisions of this article

• Page 3, Line 253, subject to the provisions of subsection (1)(c)(II)(D) of this section.

• Page 4, Line 1(C)  Within two weeks after the certification by the director

• Page 4, Line 2provided for in sub-subparagraph (B) of this subparagraph (II), the

• Page 4, Line 3employer which is a party to such agreement shall post or give written

• Page 4, Line 4notice to all employees covered by such agreement on the date of

• Page 4, Line 5ratification of the fact that the agreement has been ratified and certified

• Page 4, Line 6pursuant to the provisions of this subparagraph (II) and of the right of

• Page 4, Line 7such employees to file a petition demanding an election as provided in

• Page 4, Line 8sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice

• Page 4, Line 9shall be filed with the director within twenty days after the certification

• Page 4, Line 10by the director provided for in sub-subparagraph (B) of this subparagraph (II).

• Page 4, Line 11(D)  Within forty-five days after the certification by the director

• Page 4, Line 12provided for in sub-subparagraph (B) of this subparagraph (II) twenty

• Page 4, Line 13percent of the employees covered by such agreement may file a petition,

• Page 4, Line 14upon forms provided by the division, demanding an election submitting

• Page 4, Line 15the question of ratification of such agreement to the employees covered

• Page 4, Line 16by such agreement. If ratification of the agreement is approved by the

• Page 4, Line 17affirmative vote of at least a majority of all the employees eligible to vote

• Page 4, Line 18or three-quarters or more of the employees who actually voted, whichever

• Page 4, Line 19is greater, in said election, the agreement shall be conclusively deemed

• Page 4, Line 20ratified. Such election shall be held as promptly as possible following the

• Page 4, Line 21filing of the petition. In the event that a certified contract expires or is

• Page 4, Line 22terminated prior to the conducting of such an election, such certification

• Page 4, Line 23shall be applicable to any subsequent agreement between the same parties until such election may be held.

• Page 4, Line 24(III)  The director shall declare any such an all-union agreement

• Page 4, Line 25terminated whenever

• Page 5, Line 1(A)  He the director finds that the labor organization involved

• Page 5, Line 2has unreasonably has refused to receive as a member any an employee

• Page 5, Line 3of such the employer, and any person an interested individual may

• Page 5, Line 4come before the director, as provided in section 8-3-110, and ask the performance of this duty. or

• Page 5, Line 5(B)  The employer or twenty percent of the employees covered by

• Page 5, Line 6such agreement file a petition with the director on forms provided by the

• Page 5, Line 7division seeking to revoke such all-union agreement and, in an election

• Page 5, Line 8conducted under the supervision of the director, there is not an

• Page 5, Line 9affirmative vote of at least a majority of all the employees eligible to vote

• Page 5, Line 10or three-quarters or more of the employees who actually voted, whichever

• Page 5, Line 11is greater, in such election by secret ballot in favor of such all-union

• Page 5, Line 12agreement. Such petition may only be filed within a time period between

• Page 5, Line 13one hundred twenty and one hundred five days prior to the end of the

• Page 5, Line 14collective bargaining agreement or prior to a triennial anniversary of the

• Page 5, Line 15date of such agreement, and the division must complete said election

• Page 5, Line 16within sixty days prior to the termination or triennial anniversary of said

• Page 5, Line 17collective bargaining agreement. The director may conduct an election

• Page 5, Line 18within a collective bargaining unit no more often than once during the

• Page 5, Line 19term of any collective bargaining agreement or once every three years in the case of agreements for a period longer than three years.

• Page 5, Line 20(IV)  The director shall provide a means by which employees may

• Page 5, Line 21submit confidential petitions for an election under this paragraph (c), a

• Page 5, Line 22means for verifying the employment, status, and eligibility of petitioners,

• Page 5, Line 23and a means for determining the sufficiency of such petitions with respect

• Page 5, Line 24to the twenty percent signature requirement, all of which shall be

• Page 5, Line 25accomplished without disclosing the identification of such petitioners,

• Page 6, Line 1except as allowed under subparagraph (V) of this paragraph (c). This duty

• Page 6, Line 2shall apply to petitions filed pursuant to subparagraph (II)(A), (II)(D), or (III)(B) of this paragraph (c).

• Page 6, Line 3SECTION 2.  In Colorado Revised Statutes, 8-3-109, amend (3) as follows:

• Page 6, Line 48-3-109.  What are not unfair labor practices. (3)  It shall not be

• Page 6, Line 5is not an unfair labor practice for an employer engaged primarily in the

• Page 6, Line 6building and construction industry to enter into an all-union agreement.

• Page 6, Line 7except an agreement providing for an agency shop or modified agency

• Page 6, Line 8shop, with a labor organization, which agreement is limited in its

• Page 6, Line 9coverage to employees who, upon their employment, will be engaged in

• Page 6, Line 10the building and construction industry, if a copy of such agreement is

• Page 6, Line 11filed with the director and certified by him as provided in section 8-3-108

• Page 6, Line 12(1)(c)(II)(B). Such agreement may be ratified as provided in section

• Page 6, Line 138-3-108 (1)(c)(II)(C) or terminated by the director as provided in section 8-3-108 (1)(c)(III).

• Page 6, Line 14SECTION 3.  Safety clause. The general assembly finds,

• Page 6, Line 15determines, and declares that this act is necessary for the immediate

• Page 6, Line 16preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 17the support and maintenance of the departments of the state and state institutions.