DENVER—State employees could walk off the job despite Gov. Bill Ritter’s reassurances that an executive order allowing state government’s 49,000 workers to join a union prohibits strikes, according to a legal opinion Thursday by state Attorney General John Suthers.
Suthers, a Republican, wrote that a Supreme Court ruling determined state workers are allowed to strike, but he also noted that the director of the Division of Labor can stop state workers from striking because “public sector disputes are presumed to affect the public interest.”
Ritter’s order signed earlier this month authorizes “partnership agreements” he said would make better use of workers’ abilities and allow them to meet with management to discuss concerns. Republican lawmaker have criticized the plan, saying they would work to overturn it because it would hurt business.
Suthers’ opinion also said the executive order affects dues paying members of unions who have entered into a partnership agreement, but not nonpaying dues members and those not covered by a partnership agreement.
Senate Minority Leader Andy McElhany, R-Colorado Springs, said he requested the opinion to clarify whether workers have the right to strike under Ritter’s order.
“Clearly we think it ought to be definite that employees don’t have the right to strike and there should be no gray areas,” McElhany said, adding he plans to work on legislation next session to clarify the law.
Ritter, a Democrat, was a member of the pipefitter’s union while in college. Ritter’s spokesman, Evan Dreyer, said the issue was examined very carefully but if the Legislature passes a bill that bars state workers from striking, Ritter would sign it.
Dreyer has also said the governor doesn’t believe legislation is necessary.
For Colorado State Archive employee Lance Christensen and member of Colorado Association of Public Employees, which has been lobbying for the partnership agreements, the right to join a union is not about the right to strike.
“It’s purely a political move to scare people,” he said. “Nobody I know in state government wants to strike. I think this is a political move to put that out there. When people hear about unions they think about striking.”
Ritter has said he issued the executive order because it allows him flexibility “to effectively and efficiently manage state government.” He said it would be easier to change the order than to pass a new law if changes are needed.
Under current law, state employees can join unions, but the unions act more as lobbying firms than collective bargainers.
