HB 1005

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1005
     BY REPRESENTATIVE(S) Mabrey and Bacon, Duran, Boesenecker,
     Brown, Camacho, Clifford, Espenoza, Froelich, Garcia, Gilchrist, Hamrick,
     Jackson, Lieder, Lindsay, Lukens, Martinez, Mauro, McCormick, Phillips,
     Rydin, Sirota, Stewart K., Stewart R., Titone, Velasco, Woodrow, Zokaie,
     Carter, English, Goldstein, Joseph, Nguyen, Paschal, Rutinel, Smith, Story,
     Willford, McCluskie;
     also SENATOR(S) Danielson and Jodeh, Bridges, Cutter, Exum,
     Gonzales J., Hinrichsen, Kipp, Kolker, Lindstedt, Marchman, Sullivan,
     Wallace, Weissman, Amabile, Ball, Benavidez, Daugherty, Mullica,
     Roberts, Rodriguez, Snyder, Coleman.
     CONCERNING MEASURES TO REDUCE BARRIERS IN THE "LABOR PEACE ACT"
          TO PROMOTE GOOD FAITH COLLECTIVE BARGAINING NEGOTIATIONS,
          AND, IN CONNECTION THEREWITH, REDUCING AN APPROPRIATION.
     Be it enacted by the General Assembly of the State of Colorado:
             SECTION 1. In Colorado Revised Statutes, 8-3-102, amend (1)(a),
     (1)(b), (1)(c), and (1)(e) as follows:
             8-3-102. Legislative declaration.
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
       (1) The public policy of the state as to employment relations and
collective bargaining, in the furtherance of which this article 3 is enacted,
is declared to be as follows:
        (a) It recognizes that there are three major interests involved,
namely: That of the public, the employee, and the employer. These three
interests are to a considerable extent interrelated. It is the policy of the state
to protect and promote each of these interests with due regard to the
situation and to the rights of the others THE RIGHTS OF ALL INVOLVED.
        (b) Industrial peace, regular and adequate income FAIR WAGES AND
BENEFITS for the employee, and uninterrupted production of goods and
services are promotive of PROMOTE all of these interests. They are largely
dependent upon the maintenance of fair, friendly, and mutually satisfactory
GOOD FAITH employment relations and the availability of suitable machinery
for the peaceful adjustment of whatever legitimate controversies may arise.
It is recognized that certain employers, including farmers and farmer
cooperatives, in addition to their general employer problems, face special
problems arising from perishable commodities and seasonal production
which require adequate consideration. It is also recognized that whatever
may be the rights of disputants with respect to each other in any controversy
regarding employment relations, they should not be permitted in the conduct
of their controversy to intrude directly or indirectly into the primary rights
of third parties to earn a livelihood, transact business, and engage in the
ordinary affairs of life by any lawful means and free from molestation,
interference, intimidation, restraint, or coercion.
       (c) Negotiations of Terms and conditions of work should BE
NEGOTIATED IN GOOD FAITH BY ALL PARTIES AND result from voluntary
agreement between AN employer and employee ITS EMPLOYEES AND
WITHOUT UNDUE INTERFERENCE BY THE STATE. For the purpose of such
negotiation, an employee has EMPLOYEES HAVE the right, if he desires
DESIRED, to associate with others EACH OTHER in organizing and bargaining
collectively through representatives of his own THE EMPLOYEES' free
choosing without intimidation or coercion from any source.
       (e) In order to preserve and promote the interests of the public, the
employee EMPLOYEES, and the employer alike, the state shall establish
standards of fair conduct in employment relations and provide a convenient,
expeditious, and impartial tribunal by which these interests may have their
PAGE 2-HOUSE BILL 26-1005
respective rights and obligations adjudicated, without limiting the
jurisdiction of the courts to protect property PREVENT VIOLENCE, and to
prevent and punish the commission of unlawful acts. While limiting
individual and group rights of aggression and defense, the state substitutes
processes of justice for the more primitive methods of trial by combat.
      SECTION 2. In Colorado Revised Statutes, amend 8-3-106 as
follows:
       8-3-106. Rights of employees.
        In accordance with the provisions of this article ARTICLE 3,
employees have the right of self-organization and the right to form, join, or
assist labor organizations; to bargain collectively, INCLUDING THE RIGHT TO
BARGAIN COLLECTIVELY CONCERNING ANY MANDATORY SUBJECT OF
BARGAINING, through representatives of their own free choosing; and to
engage in lawful, concerted activities for the purpose of collective
bargaining or other mutual aid or protection. Each employee also has the
right to refrain from any of such activities. The rights of each employee are
essential rights, and nothing contained in this article ARTICLE 3 shall be so
construed as to infringe upon or have any operation against or in conflict
with such rights.
        SECTION 3. In Colorado Revised Statutes, 8-3-108, amend
(1)(c)(I) and (1)(c)(III); and repeal (1)(c)(II) and (1)(c)(IV) as follows:
       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
PAGE 3-HOUSE BILL 26-1005
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.
PAGE 4-HOUSE BILL 26-1005
        (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
PAGE 5-HOUSE BILL 26-1005
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 4. In Colorado Revised Statutes, 8-3-109, amend (3);
and add (4) as follows:
      8-3-109. What are not unfair labor practices - obligation to
bargain in good faith.
        (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).
       (4) IT IS NOT AN UNFAIR LABOR PRACTICE FOR AN EMPLOYER TO
PAGE 6-HOUSE BILL 26-1005
REFUSE TO AGREE TO A LAWFUL PROPOSAL MADE BY THE EXCLUSIVE
REPRESENTATIVE OF THE EMPLOYEES, OR FOR THE EXCLUSIVE
REPRESENTATIVE OF THE EMPLOYEES TO REFUSE TO AGREE TO A LAWFUL
PROPOSAL MADE BY THE EMPLOYER, CONCERNING A MANDATORY SUBJECT
OF BARGAINING IF THE REFUSING PARTY HAS BARGAINED IN GOOD FAITH
WITH THE OTHER PARTY. EMPLOYERS AND EMPLOYEES, THROUGH THEIR
EXCLUSIVE REPRESENTATIVE, HAVE THE OBLIGATION TO BARGAIN IN GOOD
FAITH. THE OBLIGATION TO BARGAIN IN GOOD FAITH DOES NOT COMPEL
EITHER PARTY TO AGREE TO A PROPOSAL OR MAKE A CONCESSION.
        SECTION 5. Appropriation - adjustments to 2026 long bill.
(1) Except as provided in subsection (2) of this section, to implement this
act, the general fund appropriation made in the annual general appropriation
act for the 2026-27 state fiscal year to the department of labor and
employment for use by the division of labor standards and statistics for
program costs related to labor standards is decreased by $26,865, and the
related FTE is decreased by 0.2 FTE.
        (2) Subsection (1) of this section does not require a reduction of an
appropriation in the annual general appropriation act for the 2026-27 state
fiscal year if:
        (a) The amount of general fund appropriation made in the annual
general appropriation act for the 2026-27 state fiscal year to the department
of labor and employment for use by the division of labor standards and
statistics for program costs related to labor standards is less than the amount
of the adjustment required in subsection (1) of this section; or
      (b) The annual general appropriation act for the 2026-27 state fiscal
year does not include an appropriation to the department of labor and
employment for use by the division of labor standards and statistics for
program costs related to labor standards.
        SECTION 6. Effective date - applicability. (1) This act takes
effect upon passage; except that section 5 of this act takes effect only if the
annual general appropriation act for the 2026-27 state fiscal year becomes
law, in which case section 5 takes effect upon the effective date of this act
or upon the effective date of the annual general appropriation act for state
fiscal year 2026-27, whichever is later.
PAGE 7-HOUSE BILL 26-1005
       (2) This act applies to collective bargaining agreements entered into
or renewed on or after the effective date of this act.
        SECTION 7. 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.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                   _________________________________________
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 26-1005