One of the top priorities for Colorado Democrats for the legislative session, a bill to make it easier for workers to fully unionize, past its first test at the state capitol on Tuesday.
The hearing was a chance for union backers and business groups to lay out their arguments for and against the proposal.
Democrats are trying to revise the Labor Peace Act, a roughly 80-year-old state law that requires workers vote twice in the process to form a union. The first vote, which allows workers to form or join a union, takes just a simple majority. The second vote, though, is harder to pass, requiring 75 percent approval. Only if it succeeds can the union start collecting fees and enter into contract negotiations with the employer.
Senate Bill 5 would eliminate the requirement for that second vote. It passed the Senate Business, Labor, & Technology Committee on a party line 4-3 with all Democrats in support and Republicans opposed.
“This is not just outdated, it's fundamentally unfair,” Fred Redstone, the Secretary-Treasurer of the national AFL-CIO, told the panel. He said the second vote adds an unnecessary barrier that often prevents workplaces from truly organizing. The law, he said, makes this state actively hostile to workers’ right to choose a union.
Redstone wasn’t the only national labor figure who made the trip to Colorado to testify for the bill.
Neal Bisno, Executive Vice President of the Service Employees International Union said passing the bill is a top priority for the union. He said Colorado’s laws are one reason the state has such a low rate of union membership, 6.9 percent of workers, according to the U.S. Bureau of Labor Statistics.
"Employers and their union busting consultants often bully and retaliate against workers organizing. They shouldn't have to go through it twice by winning a second election at a 75% level to prove their desire to have a seat at the table and to negotiate for union security if they so choose."
Colorado’s business groups have rallied against the change, arguing the current law has been working well for years, smoothing out bumps in the economy and keeping prices lower for consumers.
“Ultimately, Colorado’s system emphasizes something very important: employee choice,” said Rachel Beck with the Colorado Competitive Council.
Other opponents including some small businesses and the Colorado Restaurant Association say it would hurt profits, drive out good workers who don't want to pay union dues, and make it harder for companies to provide flexibility for themselves and workers.
Business groups also argue it wouldn’t be fair to collect fees for a union unless the vast majority of workers want it.
“With Colorado's cost of living (being) increasingly anti-competitive, any additional deductions against the employees’ will should be opposed,” said JJ Ament, head of the Denver Metro Chamber of Commerce.
Business representatives testified that they are open to updating the Labor Peace Act in other ways, but oppose eliminating the second vote.
“There may be structural or administrative changes that can be made. We're open to discussing those, but we remain committed to respecting the employee's choice,” said Loren Furman, the head of the Colorado Chamber of Commerce. She criticized sponsors for holding the bill’s hearing this early in the legislative session when behind-the-scenes talks on the policy are still ongoing.
“It is our feeling that this hearing is premature,” she said.
Democratic bill sponsor Sen. Jessie Danielson of Wheat Ridge disputed that assertion, saying she’s had an open door policy for the last two months for anyone who wants to discuss the bill. She also strongly disagreed with the characterization of the Labor Peace Act as a well-functioning compromise between business and labor.
“That's just not true. It's working well for business. It's preventing people from unionizing, which prevents them from accessing better pay, better healthcare and safety on the job,” she said. “This decades old antiquated law needs to go in order to properly serve the workers across the state.”
While Democrats voted unanimously to move the bill forward, that doesn’t mean its future is assured. Governor Jared Polis has made it clear he won’t sign any revision to the Labor Peace Act unless it has broad backing.
“My ask is that if there are any efforts to reform the Labor Peace Act, that they include the support of both workers and business to avoid the rancorous fights of the past,” he said during the State of the State address earlier this month. “If there is a possible agreement to change the status quo that's served to avoid significant disputes for more than 80 years, we look forward to working with you together to find it.”
Redstone with the AFL-CIO told CPR News that he met with Polis prior to the hearing to discuss the policy and they had an open, honest and respectful discussion about Polis’ support for Colorado’s current status quo.
“The governor expressed to me that he viewed (the Labor Peace Act) as a compromise with the business community,” said Redstone. “And I was open and honest with him that we view it as unacceptable. So we'll see where we go.”
