Senate Bill 25-005

BY SENATOR(S) Rodriguez and Danielson, Amabile, Bridges, Cutter, Exum, Gonzales J., Hinrichsen, Kipp, Kolker, Marchman, Michaelson Jenet, Sullivan, Weissman, Winter F., Ball, Daugherty, Jodeh, Mullica, Snyder, Coleman;

also REPRESENTATIVE(S) 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, Bird, Espenoza, Feret, Jackson, Lindstedt, Marshall, Phillips, Ricks, Valdez, McCluskie.

Concerning the elimination of the requirement for a second election to negotiate a union security clause in the collective bargaining process, and, in connection therewith, reducing an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 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:

8-3-108.  What are unfair labor practices. (1)  It is an unfair labor practice for an employer, individually or in concert with others, to:

(c) (I)  Encourage or discourage membership in anya labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment; except that an employer shall not be prohibited from entering into an all-union agreement with the representatives of histhe employer's employees in a collective bargaining unit. if such all-union agreement is approved by the affirmative vote of at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater, by secret ballot in favor of such all-union agreement in an election provided for in this paragraph (c) conducted under the supervision of the director. Where the collective bargaining unit involved is currently recognized under sections 8 or 9 of the "National Labor Relations Act", as amended, (49 Stat. 449; 61 Stat. 136), or where the collective bargaining unit involved is currently recognized by reason of certification by the director or the national labor relations board, or where such units were so recognized at the time of an election provided for in this paragraph (c), there is and shall be deemed to have been no need for a certification election as a precedent to an election provided for in this paragraph (c) in such collective bargaining unit on the issue of an all-union agreement. The employees in such a recognized or certified unit within this state shall be the only employees eligible to vote in an election provided for in this paragraph (c) held in such unit.

(II) (A)  Any agreement as defined in section 8-3-104 (1.5) between an employer and a labor organization in existence on June 29, 1977, which has not been voted upon by the employees covered by it may, by written mutual agreement of such employer and labor organization, be ratified and upon such ratification shall be filed with the director. Any agreement as defined in section 8-3-104 (1.5) between an employer and a labor organization in existence on June 29, 1977, which has not been ratified and filed, as provided in this subsection (1)(c)(II), shall not be legal, valid, or enforceable during the remaining term of that labor contract unless and until either the employer, the labor organization, or at least twenty percent of the employees covered by such agreement file a petition upon forms provided by the division, demanding an election submitting the question of the all-union agreement to the employees covered by such agreement and said agreement is approved by the affirmative vote of at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater, by secret ballot in favor of such all-union agreement in an election provided for in this subsection (1)(c) conducted under the supervision of the director.

(B)  Upon filing of such instrument of ratification with the director, the director shall certify that such agreement complies with the provisions of section 8-3-104 (1.5) notwithstanding the absence of any other election requirements of this article 3, and by virtue of such ratification and certification, such agreement shall be deemed legal, valid, and enforceable to the extent permitted under the provisions of this article 3, subject to the provisions of subsection (1)(c)(II)(D) of this section.

(C)  Within two weeks after the certification by the director provided for in sub-subparagraph (B) of this subparagraph (II), the employer which is a party to such agreement shall post or give written notice to all employees covered by such agreement on the date of ratification of the fact that the agreement has been ratified and certified pursuant to the provisions of this subparagraph (II) and of the right of such employees to file a petition demanding an election as provided in sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice shall be filed with the director within twenty days after the certification by the director provided for in sub-subparagraph (B) of this subparagraph (II).

(D)  Within forty-five days after the certification by the director provided for in sub-subparagraph (B) of this subparagraph (II) twenty percent of the employees covered by such agreement may file a petition, upon forms provided by the division, demanding an election submitting the question of ratification of such agreement to the employees covered by such agreement. If ratification of the agreement is approved by the affirmative vote of at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater, in said election, the agreement shall be conclusively deemed ratified. Such election shall be held as promptly as possible following the filing of the petition. In the event that a certified contract expires or is terminated prior to the conducting of such an election, such certification shall be applicable to any subsequent agreement between the same parties until such election may be held.

(III)  The director shall declare any suchan all-union agreement terminated whenever

(A)  Hethe director finds that the labor organization involved has unreasonably has refused to receive as a member anyan employee of suchthe employer, and any personan interested individual may come before the director, as provided in section 8-3-110, and ask the performance of this duty. or

(B)  The employer or twenty percent of the employees covered by such agreement file a petition with the director on forms provided by the division seeking to revoke such all-union agreement and, in an election conducted under the supervision of the director, there is not an affirmative vote of at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater, in such election by secret ballot in favor of such all-union agreement. Such petition may only be filed within a time period between one hundred twenty and one hundred five days prior to the end of the collective bargaining agreement or prior to a triennial anniversary of the date of such agreement, and the division must complete said election within sixty days prior to the termination or triennial anniversary of said collective bargaining agreement. The director may conduct an election within a collective bargaining unit no more often than once during the term of any collective bargaining agreement or once every three years in the case of agreements for a period longer than three years.

(IV)  The director shall provide a means by which employees may submit confidential petitions for an election under this paragraph (c), a means for verifying the employment, status, and eligibility of petitioners, and a means for determining the sufficiency of such petitions with respect to the twenty percent signature requirement, all of which shall be accomplished without disclosing the identification of such petitioners, except as allowed under subparagraph (V) of this paragraph (c). This duty shall apply to petitions filed pursuant to subparagraph (II)(A), (II)(D), or (III)(B) of this paragraph (c).

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

8-3-109.  What are not unfair labor practices. (3)  It shall not beis not an unfair labor practice for an employer engaged primarily in the building and construction industry to enter into an all-union agreement. except an agreement providing for an agency shop or modified agency shop, with a labor organization, which agreement is limited in its coverage to employees who, upon their employment, will be engaged in the building and construction industry, if a copy of such agreement is filed with the director and certified by him as provided in section 8-3-108 (1)(c)(II)(B). Such agreement may be ratified as provided in section 8-3-108 (1)(c)(II)(C) or terminated by the director as provided in section 8-3-108 (1)(c)(III).

SECTION 3.  Appropriation - adjustments to 2025 long bill. (1)  Except as provided in subsection (2) of this section, to implement this act, the general fund appropriation made in the annual general appropriation act for the 2025-26 state fiscal year to the department of labor and employment for use by the division of labor standards and statistics for labor standards program costs is decreased by $20,246, and the related FTE is decreased by 0.2 FTE.

(2)  Subsection (1) of this section does not require a reduction of an appropriation in the annual general appropriation act for the 2025-26 state fiscal year if:

(a)  The amount of the general fund appropriation made in the annual general appropriation act for the 2025-26 state fiscal year to the department of labor and employment for use by the division of labor standards and statistics for labor standards program costs is less than the amount of the adjustment required in subsection (1) of this section; or

(b)  The annual general appropriation act for the 2025-26 state fiscal year does not include an appropriation to the department of labor and employment for use by the division of labor standards and statistics for labor standards program costs.

SECTION 4.  Effective date. This act takes effect upon passage; except that section 3 of this act takes effect only if the annual general appropriation act for the 2025-26 state fiscal year becomes law, in which case section 3 takes effect upon the effective date of this act or of the annual general appropriation act for state fiscal year 2025-26, whichever is later.

SECTION 5.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.