Conflict in Colorado over potential bill to expand public-sector collective bargaining

Colorado Gov. Jared Polis (D) said he won’t support the current version of a public-sector collective bargaining bill Democratic leaders are drafting. 

The conflict 

The not-yet-introduced bill, which Colorado Politics’s Marianne Goodland described as “the brainchild of [House Majority Leader Daneya Esgar (D) and Senate Majority Leader Steve Fenberg (D)],” would expand public-sector collective bargaining in Colorado, including to local government employees. According to Goodland, a similar bill drafted in 2021 drew opposition from local governments and was not introduced. 

Sixteen local governments in Colorado currently allow collective bargaining. 

Polis spokesman Conor Cahil said, “The Governor has made clear to the bill sponsors and advocates that he will not support the bill in its current form. … The door is open to a much narrower legislation to expand collective bargaining.” Cahil also said Polis would be “proud to sign legislation that provides the state workforce collective bargaining while striking a balance between collective bargaining and elected representation.” 

According to The Denver Post’s Alex Burness: “Polis has on multiple recent occasions declined to say much more on the topic. He told The Denver Post last week he wouldn’t ‘negotiate in the press,’ and reiterated that at a news conference Tuesday. … ‘‘We are in talks, trying to bring together local government and workers’ representatives around a solution that will work for Colorado,’ he said.”

In response, Esgar said: “We will continue to really engage with conversations with the stakeholders that will provide public employees with the rights they need. We are hearing the concerns of the governor and stakeholders, but we’re also hearing from the workers that we have to get this passed.” Esgar said, “We’re still in the process of going through the bill step-by-step with [Polis] and his office … We’ve had multiple meetings and we have multiple meetings to go.”

Fenberg said: “Thoughtful and productive conversations with the governor and with local government leaders across Colorado are ongoing, and we will continue working together with them to find a way forward and ensure all Colorado’s working families get the pay, benefits, and safe working conditions they deserve.”

Support for the bill

Colorado AFL-CIO Executive Director Dennis Dougherty said: “This is the unfinished business of making sure all Coloradans have the freedom to join a union. … The forthcoming bill could grant more than 250,000 more public workers the right to collective bargaining. … You can have near-unanimous support for a union, go to a board and they can say, ‘We’re not interested.’ … This should be a fundamental right.”

CWA Local 7799 Vice President Alex Wolf-Root said: “The AFL-CIO and the Colorado Education Association have come together in a coalition for this bill. So, we have labor behind this bill, from municipal workers in the American Federation of State, County and Municipal Employees (AFSCME) to firefighters to K-12, us in health care and higher ed. We also have a strong coalition of community partners. … [W]e have a strong chance, and the real fight is going to be making sure we have a strong bill, not simply a bill. Legislators might want to pass something and get a pat on the back, but water it down to appease those who are opposing it. That will harm us, so it’s going to be a fight.”

Opposition to the bill

Kevin Bommer of the Colorado Municipal League said, “‘It has little to do with whether or not there should be collective bargaining. … Employment matters at the local level should be a matter of home rule and local control.” The Colorado Sun’s Thy Vo wrote, “The [Colorado Municipal League] argues the soon-to-be measure would infringe on the constitutional right of cities that operate under ‘home rule’ charters, which is nearly 100 Colorado cities and towns. The home-rule status gives the municipalities the right to self-govern in policy issues of ‘local concern.’”

Vo reported that the issue advocacy organization Advance Colorado Action will launch a six-figure ad campaign opposing the bill and state Democrats, and that the affiliated Advance Colorado Institute said it will file a lawsuit if the bill becomes law.

Colorado Sen. Larry Liston (R) said, “The people are not asking for this. I don’t hear it at all from my constituents.’”

Political context

Polis was elected in 2018 to succeed term-limited Gov. John Hickenlooper (D). In the 2018 elections, Democrats gained trifecta and triplex control of the state government. Democrats currently have a 20-15 majority in the Senate, and a 40-24 majority in the House of Representatives, where there is one vacancy. 

What we’re reading

• Politico, “Florida Playbook: Simpson pressured to push anti-union bill,” Jan. 26, 2022
• AP News, “Labor authority tries again to end immigration judges union,” Jan. 26, 2022
• The Center Square, “Slew of union, collective bargaining bills pass Pennsylvania House committee,” Jan. 25, 2022  
• The Center Square, “Maine panel rejects bill allowing public sector workers to strike,” Jan. 21, 2022 

The big picture

Number of relevant bills by state

We are currently tracking 86 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking. 

Number of relevant bills by current legislative status

Number of relevant bills by partisan status of sponsor(s) 

Recent legislative actions

Below is a complete list of relevant legislative actions taken since our last issue.

• Arizona SB1420: This bill would repeal the state’s right-to-work statute. For the bill to go into effect, voters would have to amend the Arizona Constitution at the next election, repealing Article XXV. 
  • Democratic sponsorship.
  • First read, assigned to Senate Commerce and Rules Committees Jan. 26. Second read Jan. 27.
• California AB1714: This bill would allow unions representing excluded state employees to request arbitration with the Department of Human Resources in certain circumstances.  
  • Democratic sponsorship.
  • Read first time Jan. 26.
• Florida H1197: This bill would require certain public employees to sign an authorization form before joining a union acknowledging that union membership is not a condition for employment and that membership and dues are voluntary. It would require unions to allow certain public employees to end their membership by a written request. The bill would also prevent employers from deducting dues from certain employees’ paychecks. It would also amend requirements for bargaining agent recertification and union registration renewal. 
  • Republican sponsorship. 
  • Reported out of Government Operations Subcommittee Jan. 27, now in State Administration & Technology Appropriations Subcommittee
• Illinois HB4960: This bill would apply the definitions of “confidential employee,” “managerial employee,” and “supervisor” in the Illinois Public Labor Relations Act to all public employees. It would prevent any public employee position from being excluded from a bargaining unit before the position is filled.  
  • Democratic sponsorship.
  • First reading, referred to House Rules Committee Jan. 27.
• Illinois HB5009: This bill would provide that terminations or more than 30-day suspensions of peace officers resulting from arbitration are subject to judicial review. It would set certain conditions of enforceability for written agreements about grievance procedures between law enforcement agencies and peace officer bargaining units. It would require the Illinois Labor Relations Board to adopt certain rules for law enforcement officers.
  • Democratic sponsorship.
  • First reading, referred to House Rules Committee Jan. 27.
• Maine LD555: This bill would grant most public-sector employees the right to strike. Select public safety and judicial employees would not be allowed to strike. 
  • Democratic sponsorship.
  • Labor and Housing Committee reported “ought not to pass” Jan. 27.  
• Maryland HB458: This bill would require the involvement of a neutral arbitrator in the collective bargaining process for state employees. 
  • Democratic sponsorship.
  • House Appropriations Committee hearing scheduled for Feb. 15.
• Maryland HB504: This bill would authorize school employees to strike.
  • Democratic sponsorship.
  • First reading, referred to House Ways and Means Committee Jan. 21.
• Maryland SB118: This bill would extend collective bargaining rights to certain graduate students within the University System of Maryland, Morgan State University, and St. Mary’s College of Maryland.
  • Democratic sponsorship.
  • Senate Finance Committee hearing held Jan. 27.
• Maryland SB472: This bill would require the involvement of a neutral arbitrator in the collective bargaining process for state employees. 
  • Democratic sponsorship.
  • First reading, referred to Senate Budget and Taxation and Finance Committees Jan. 27. Senate Budget and Taxation Committee hearing scheduled for Feb. 16.
• Missouri SB880: This bill would bar employers from requiring employees to become, remain, or refrain from becoming members of a union as a condition of employment.
  • Republican sponsorship.
  • Second read, referred to Senate Small Business and Industry Committee Jan. 27.
• New Hampshire HB1472: This bill would prohibit employers from taking certain actions against employees involved in legal strikes or collective bargaining preceding a legal strike. It would also prohibit employers from “[engaging] in anti-union training of any kind.”
  • Democratic sponsorship.
  • Public hearing scheduled in the House Labor, Industrial and Rehabilitative Services Committee on Feb. 3.
• Oklahoma SB1380: This bill would require school employees to sign an annual authorization form before school districts may deduct union dues or political contributions from employee paychecks. The bill would prescribe the wording of the authorization form. It would also require school districts to confirm authorizations by email before deducting dues. 
  • Republican sponsorship.
  • Referred to Senate Education Committee for second reading on Feb. 8. 
• Oklahoma SB1404: This bill would require that school employee unions submit to secret-ballot elections in order to continue as collective bargaining agents. A majority of employees must vote in favor in order for the employee union to continue to represent the unit. 
  • Republican sponsorship.
  • Referred to Senate Education Committee for second reading on Feb. 8. 
• Oklahoma SB1579: This bill would allow school boards to grant unpaid leaves of absence for employees to hold office in an employee association if certain criteria are met. An employee organization would be required to comply with this law in order to be recognized as the representative of a bargaining unit.     
  • Republican sponsorship. 
  • Referred to Senate Education Committee for second reading on Feb. 8. 
• Pennsylvania HB844: This bill would ban public employee social security numbers and personal contact information as subjects of collective bargaining. 
  • Republican sponsorship. 
  • Laid on the table during House Labor and Industry Committee hearing on Jan. 25.
• Pennsylvania HB845: This bill would require any proposed public employee collective bargaining agreement to be published on the public employer’s website at least 14 days before the agreement is accepted. It would also make documents from the collective bargaining process into public records subject to the state’s right-to-know law.
  • Republican sponsorship.
  • Laid on the table during House Labor and Industry Committee hearing on Jan. 25.
• Pennsylvania HB2042: This bill would require public employers to provide non-union members with an annual notification that they are not required to make payments to a union and to provide new and returning employees with a notification that they do not have to join a union.
  • Republican sponsorship.
  • Laid on the table during House Labor and Industry Committee hearing on Jan. 25.
• Pennsylvania HB2048: This bill would prohibit collective bargaining agreements from authorizing the deduction of political contributions from public employee wages.
  • Republican sponsorship.
  • Laid on the table during House Labor and Industry Committee hearing on Jan. 25.
• Rhode Island H7198: This bill would establish a method of dispute arbitration for municipal employees, who are not allowed to strike. 
  • Democratic sponsorship.
  • Introduced and referred to House Labor Committee on Jan. 26. 
• Vermont H0621: This bill would allow certification of collective bargaining representatives through majority employee sign-up and voluntary employer recognition.
  • Democratic sponsorship.
  • House General, Housing, and Military Affairs Committee hearing held Jan. 25.
• Virginia HB335: This bill would allow public employees to bargain independently. It would prevent collective bargaining agreements from applying to non-member employees.
  • Republican sponsorship.
  • Bill stricken from docket during the House Commerce and Energy Committee hearing on Jan. 25.  
• Virginia HB336: This bill would require a 51% vote by public employees in a collective bargaining unit to certify a bargaining representative in localities that have authorized collective bargaining. 
  • Republican sponsorship.
  • Assigned to subcommittee #1 on Jan. 25.
• Virginia HB337: This bill would prohibit collective bargaining agreements from having a public employer provide compensation or compensated leave time for union activities. It would require unions to compensate public employers if union activities infringe upon their time or resources. 
  • Republican sponsorship.
  • Assigned to subcommittee #1 on Jan. 25.
• Virginia HB341: This bill would give public employees the right to resign from a union and stop paying dues at any time. It would require public employees to give written consent before employers may deduct union dues from their pay, and it would prescribe the wording of the authorization form. The bill would require annual reconfirmation of consent for union membership and dues deductions.The bill would also require employers to annually notify employees that that they have the right to resign from a union and provide an average of the dues they would pay.
  • Republican sponsorship.
  • Assigned to subcommittee #1 on Jan. 25.
• Virginia HB790: This bill would prevent localities from entering collective bargaining agreements with law enforcement employee associations if the agreements do not meet certain criteria.
  • Republican sponsorship.
  • Assigned to subcommittee #1 on Jan. 25.
• Virginia HB883: This bill would repeal provisions allowing local governments to bargain collectively with their employees upon adopting an authorizing ordinance or resolution.
  • Republican sponsorship.
  • Assigned to subcommittee #1 on Jan. 25.
• Virginia SB374: This bill would repeal provisions allowing local governments to bargain collectively with their employees upon adopting an authorizing ordinance or resolution.
  • Republican sponsorship.
  • Senate Commerce and Labor Committee hearing held Jan. 24. 
• Washington HB1764: This bill would stipulate new requirements for collective bargaining negotiations and arbitration between the University of Washington School of Medicine and resident and fellows who have the right to bargain collectively.
  • Democratic sponsorship. 
  • Executive session in the House Labor & Workplace Standards Committee held Jan. 26, voted “do pass substitute.”
• Washington HB1771: This bill would allow family child care providers to bargain collectively over defined contribution retirement benefits.
  • Democratic sponsorship. 
  • Reported out of House Labor & Workplace Standards Committee Jan. 21. Referred to House Appropriations Committee Jan. 25.
• Washington HB1806: This bill would give state legislative branch employees the right to bargain collectively. 
  • Democratic sponsorship. 
  • Public hearing in the House Labor & Workplace Standards Committee held Jan. 25. Executive session in the House Labor & Workplace Standards Committee scheduled for Feb. 1. 
• Washington SB5579: This bill would give Washington Management Service personnel the right to bargain collectively.
  • Democratic sponsorship. 
  • Public hearing in the Senate Labor, Commerce & Tribal Affairs Committee held Jan. 24, executive session held Jan. 27.
• Washington SB5773: This bill would give state legislative branch employees the right to bargain collectively. 
  • Democratic sponsorship. 
  • Public hearing in the Senate Labor, Commerce & Tribal Affairs Committee held Jan. 24, executive session held Jan. 27.

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