A bill that would make it easier for unions to organize in Colorado passed Monday in the state House of Representatives by a vote of 35 to 29.
House Bill 1072 must still pass the state Senate and be approved by Gov. Bill Ritter before it becomes law.
Existing law requires employees to vote twice – with the second vote requiring a 75 percent majority – before they could negotiate for an all-union agreement or “union security clause” in their contract. The bill would require only one vote, and a simple majority, to begin talks on a contract that could lead to an all-union workplace.
In that case, all employees would pay either union dues or fees to the union based on the cost the union incurs in representing them, said Steve Adams, president of the Colorado AFL-CIO. In an open shop, union members pay dues, and those who choose not to join pay nothing.
Supporters say the legislation would remove an unnecessary barrier to unions. Opponents predict that it would eliminate jobs and damage the state’s competitiveness.
If the bill becomes law, employers could still refuse to allow an all-union shop in the contract they negotiate with a union, said the sponsor, Rep. Mike Cerbo, D-Denver.
“The employer doesn’t operate in a vacuum. If they don’t feel it is going to benefit the company, they’re not going to grant it,” Cerbo said.
The bill wouldn’t force an employee to join a union against his or her will, said Michael Garcia, D-Aurora, another sponsor. Workers who don’t wish to join would pay fees that are less than dues and could have the portion of those fees that go toward union political action returned to them. Garcia said that would eliminate free riders who get the same raises and other benefit improvements negotiated by the union without having to contribute to the effort.
“Nonmembers are not paying their fair share,” he said.
In pushing for the bill, organized labor is flexing its newfound muscle. With Ritter’s November election as governor, Democrats are now in control for the first time in five decades.
Republicans warned the bill’s passage would have dire effects on Colorado’s growing economy.
“This is a major piece of legislation that will significantly change the economy of Colorado,” said Rep. Kevin Lundberg, R-Berthoud. “This is not a move forward. It is a move to the hard left.”
Surrounding states have right- to-work laws, which bar union shops completely, and many companies would choose to locate in those states rather than Colorado if the bill becomes law, Lundberg said.
The Colorado Competitive Council, a statewide organization made up of local chambers and businesses, opposes the bill.
“I am worried about the Senate. I fear that it will be a very partisan battle there,” said Virginia Morrison Love, a lobbyist for the Colorado Competitive Council.
Love said the bill would cause entrepreneurs who are considering a move to Colorado to look elsewhere.
Colorado had 170,000 union members in 2005, according to the Bureau of Labor Statistics, or about 8.4 percent of the state’s workforce. That compares with a national union workforce of 12.5 percent in 2005, down from 20.1 percent in 1983.
