CUT strongly opposes this bill, describing it as a payoff to unions rather than a measure benefiting workers. The organization criticizes its exclusion of worker voices and its use of the safety clause to push union-driven policies. Sponsored by a large coalition of Democratic lawmakers, the bill recently passed through the Senate Business, Labor, & Technology Committee and awaits further consideration.

Opposition to Bill SB005 aka Worker Protection Collective Bargaining

Bill: SB005

Bill known as: Worker Protection Collective Bargaining

Sponsors:

Jessie Danielson (D)*, Robert Rodriguez (D)*, Jennifer Bacon (D)*, Javier Mabrey (D)*, Judith Amabile (D)*, Jeff Bridges (D)*, Lisa Cutter (D)*, Tony Exum (D)*, Julie Gonzales (D)*, Nick Hinrichsen (D)*, Cathy Kipp (D)*, Chris Kolker (D)*, Janice Marchman (D)*, Dafna Michaelson Jenet (D)*, Tom Sullivan (D)*, Michael Weissman (D)*, Faith Winter (D)*, Andy Boesenecker (D)*, Kyle Brown (D)*, Sean Camacho (D)*, Michael Carter (D)*, Chad Clifford (D)*, Monica Duran (D)*, Regina English (D)*, Meg Froelich (D)*, Lorena García (D)*, Lindsay Gilchrist (D)*, Eliza Hamrick (D)*, Iman Jodeh (D)*, Junie Joseph (D)*, Sheila Lieder (D)*, Mandy Lindsay (D)*, Meghan Lukens (D)*, Matt Martinez (D)*, Tisha Mauro (D)*, Karen McCormick (D)*, Amy Paschal (D)*, Manny Rutinel (D)*, Emily Sirota (D)*, Lesley Smith (D)*, Katie Stewart (D)*, Rebekah Stewart (D)*, Tammy Story (D)*, Brianna Titone (D)*, Elizabeth Velasco (D)*, Jenny Willford (D)*, Steven Woodrow (D)*, Yara Zokaie (D)*

Message from CUT about Bill here.

Bill SB005 language

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 any A 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 his THE 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 such AN all-union agreement terminated whenever (A) He THE DIRECTOR finds that the labor organization involved HAS unreasonably has refused to receive as a member any AN employee of such THE employer, and any person AN 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 be IS 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.

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.

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