First Regular Session
Sixty-second General Assembly
LLS NO. 99-0507.01 Julie Pelegrin HOUSE BILL 99-1263
STATE OF COLORADO
BY REPRESENTATIVES May, Paschall, Stengel, Alexander, Allen,
Berry, Clapp, Dean, Decker, Fairbank, Gotlieb, Hefley, Johnson,
Kaufman, Kester, King, Larson, Lee, McElhany, McKay, McPherson,
Mitchell, Morrison, Nunez, Pfiffner, Sinclair, Smith, Spence, Sullivant,
Swenson, Tool, Webster, T. Williams, Witwer, Young, Hoppe;
also SENATORS Owen, Andrews, Arnold, Congrove, Epps, Hillman,
Tebedo, Blickensderfer, Evans, Grampsas, Lamborn, Musgrave, Teck.
REENGROSSED
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE PROHIBITION OF DISCRIMINATION AGAINST EMPLOYEES
102 BASED UPON LABOR UNION PARTICIPATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Prohibits an employer from requiring any person, as a condition
of employment, to become or remain a member of a labor organization
or to pay dues, fees, or other assessments to such an organization.
Prohibits an employer from discriminating against an employee because
of the failure of the employee to become or remain a member of a labor
organization or to pay dues, fees, or other assessments to such an
organization.
States that all-union agreements and agreements ratified but not
voted on by the employees are unfair labor practices.
Establishes civil and criminal penalties for violations.
Makes new provisions applicable to contracts entered into on or
after July 1, 1999, and to any extension or renewal of a contract existing
on or after such date.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 8, Colorado Revised Statutes, is amended BY
3 THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 3.5
5 Membership in Labor Organizations
6 8-3.5-101. Legislative declaration. IT IS HEREBY DECLARED TO
7 BE THE PUBLIC POLICY OF THE STATE OF COLORADO THAT ALL PERSONS
8 SHALL HAVE, AND SHALL BE PROTECTED IN THE EXERCISE OF, THE RIGHT
9 TO FREELY FORM, JOIN, OR ASSIST LABOR ORGANIZATIONS OR TO REFRAIN
10 FROM SUCH ACTIVITY WITHOUT FEAR OF PENALTY OR REPRISAL.
11 8-3.5-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
12 CONTEXT OTHERWISE REQUIRES:
13 (1) "EMPLOYER" MEANS ANY INDIVIDUAL, CORPORATION,
14 ASSOCIATION, ORGANIZATION, ENTITY, OR STATE OR LOCAL GOVERNMENT
15 THAT EMPLOYS ONE OR MORE PERSONS IN ANY CAPACITY, INCLUDING ANY
16 PERSON EMPLOYED TO PERFORM AGRICULTURAL LABOR. "EMPLOYER"
17 ALSO MEANS ANY INDIVIDUAL ACTING AS AN AGENT OF AN EMPLOYER,
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1 DIRECTLY OR INDIRECTLY.
2 (2) "LABOR ORGANIZATION" OR "LABOR UNION" MEANS ANY
3 ORGANIZATION, AGENCY, EMPLOYEE REPRESENTATION COMMITTEE, OR
4 PLAN THAT EXISTS FOR THE PURPOSE, WHOLLY OR IN PART, OF DEALING
5 WITH EMPLOYERS CONCERNING GRIEVANCES, LABOR DISPUTES, WAGES,
6 RATES OF PAY, HOURS OF WORK, OR OTHER CONDITIONS OF EMPLOYMENT.
7 8-3.5-103. Prohibited activities. ON AND AFTER JULY 1, 1999,
8 NO EMPLOYER SHALL REQUIRE ANY PERSON, AS A CONDITION OF
9 EMPLOYMENT OR OF THE CONTINUATION OF EMPLOYMENT, TO BECOME OR
10 REMAIN A MEMBER OF ANY LABOR ORGANIZATION OR TO PAY ANY DUES,
11 FEES, ASSESSMENTS, OR OTHER SUMS OF MONEY TO A LABOR
12 ORGANIZATION. ON AND AFTER JULY 1, 1999, NO EMPLOYER SHALL
13 DISCRIMINATE AGAINST ANY EMPLOYEE BECAUSE THE EMPLOYEE HAS
14 FAILED OR REFUSED TO BECOME OR REMAIN A MEMBER OF ANY LABOR
15 ORGANIZATION OR HAS FAILED OR REFUSED TO PAY ANY DUES, FEES,
16 ASSESSMENTS, OR OTHER SUMS OF MONEY TO A LABOR ORGANIZATION.
17 8-3.5-104. Void agreements. ANY WRITTEN OR ORAL
18 AGREEMENT, UNDERSTANDING, OR PRACTICE BETWEEN AN EMPLOYER AND
19 A LABOR ORGANIZATION THAT IS IN VIOLATION OF THE PROVISIONS OF THIS
20 ARTICLE IS VOID.
21 8-3.5-105. Penalty. ANY PERSON, EMPLOYER, LABOR
22 ORGANIZATION, OR AGENT OR REPRESENTATIVE OF AN EMPLOYER OR
23 LABOR ORGANIZATION WHO DIRECTLY OR INDIRECTLY IMPOSES UPON ANY
24 PERSON ANY REQUIREMENT PROHIBITED BY THIS ARTICLE IS GUILTY OF A
25 MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY
26 A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, IMPRISONMENT IN
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1 THE COUNTY JAIL FOR NOT MORE THAN NINETY DAYS, OR BOTH SUCH FINE
2 AND IMPRISONMENT FOR EACH OFFENSE.
3 8-3.5-106. Civil remedies. (1) ANY PERSON INJURED AS A
4 RESULT OF ANY VIOLATION OF THE PROVISIONS OF THIS ARTICLE OR WHO
5 WOULD BE INJURED AS A RESULT OF A THREATENED VIOLATION MAY BRING
6 SUIT IN A COURT OF COMPETENT JURISDICTION TO OBTAIN INJUNCTIVE
7 RELIEF AGAINST THE VIOLATOR OR PERSON THREATENING VIOLATION. A
8 PERSON INJURED AS A RESULT OF A VIOLATION OF THIS ARTICLE MAY BRING
9 SUIT IN A COURT OF COMPETENT JURISDICTION TO RECOVER THE DAMAGES
10 RESULTING FROM SUCH VIOLATION. IN ANY ACTION OR PROCEEDING TO
11 ENFORCE A PROVISION OF THIS ARTICLE, THE COURT SHALL AWARD TO ANY
12 PERSON INJURED OR THREATENED WITH INJURY BY A VIOLATION OF THIS
13 ARTICLE REASONABLE ATTORNEY FEES AS A PART OF THE COURT COSTS.
14 (2) THE REMEDIES PROVIDED BY THIS SECTION ARE INDEPENDENT
15 OF AND IN ADDITION TO ANY OTHER PENALTY OR REMEDY ESTABLISHED BY
16 THIS ARTICLE.
17 8-3.5-107. Investigation of complaints - prosecution of
18 violations. THE ATTORNEY GENERAL AND THE DISTRICT ATTORNEY IN
19 EACH JUDICIAL DISTRICT SHALL INVESTIGATE ANY COMPLAINTS OF
20 VIOLATION OF THIS ARTICLE, PROSECUTE ANY PERSON VIOLATING ANY OF
21 THE PROVISIONS OF THIS ARTICLE, AND TAKE ACTIONS NECESSARY TO
22 ENSURE EFFECTIVE ENFORCEMENT OF THIS ARTICLE.
23 8-3.5-108. Applicability of article - new contracts - extension
24 or renewal of existing contracts. THE PROVISIONS OF THIS ARTICLE
25 SHALL APPLY TO ANY CONTRACT OR AGREEMENT ENTERED INTO ON OR
26 AFTER JULY 1, 1999, AND TO ANY EXTENSION OR RENEWAL OF A CONTRACT
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1 OR AGREEMENT EXISTING ON SUCH DATE OR ENTERED INTO ON OR AFTER
2 SUCH DATE.
3 8-3.5-109. Severability. IF ANY PROVISION OF THIS ARTICLE OR
4 THE APPLICATION OF THIS ARTICLE TO ANY PERSON OR CIRCUMSTANCE IS
5 HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
6 OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT
7 THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
8 PROVISIONS OF THIS ARTICLE ARE DECLARED TO BE SEVERABLE.
9 SECTION 2. 8-3-108 (1) (c) and (1) (e), Colorado Revised
10 Statutes, are amended to read:
11 8-3-108. What are unfair labor practices. (1) It is an unfair
12 labor practice for an employer, individually or in concert with others, to:
13 (c) (I) Encourage or discourage membership in any labor
14 organization, employee agency, committee, association, or representation
15 plan by discrimination in regard to hiring, tenure, or other terms or
16 conditions of employment; except that an employer shall not be
17 prohibited from entering into an all-union agreement with the
18 representatives of his employees in a collective bargaining unit if such
19 all-union agreement is approved by the affirmative vote of at least a
20 majority of all the employees eligible to vote or three-quarters or more of
21 the employees who actually voted, whichever is greater, by secret ballot
22 in favor of such all-union agreement in an election provided for in this
23 paragraph (c) conducted under the supervision of the director. Where the
24 collective bargaining unit involved is currently recognized under sections
25 8 or 9 of the "National Labor Relations Act", as amended, (49 Stat. 449;
26 61 Stat. 136), or where the collective bargaining unit involved is currently
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1 recognized by reason of certification by the director or the national labor
2 relations board, or where such units were so recognized at the time of an
3 election provided for in this paragraph (c), there is and shall be deemed
4 to have been no need for a certification election as a precedent to an
5 election provided for in this paragraph (c) in such collective bargaining
6 unit on the issue of an all-union agreement. The employees in such a
7 recognized or certified unit within this state shall be the only employees
8 eligible to vote in an election provided for in this paragraph (c) held in
9 such unit.
10 (II) (A) Any agreement as defined in section 8-3-104 (1) between
11 an employer and a labor organization in existence on June 29, 1977,
12 which has not been voted upon by the employees covered by it may, by
13 written mutual agreement of such employer and labor organization, be
14 ratified and upon such ratification shall be filed with the director. Any
15 agreement as defined in section 8-3-104 (1) between an employer and a
16 labor organization in existence on June 29, 1977, which has not been
17 ratified and filed, as provided in this subparagraph (II), shall not be legal,
18 valid, or enforceable during the remaining term of that labor contract
19 unless and until either the employer, the labor organization, or at least
20 twenty percent of the employees covered by such agreement file a
21 petition upon forms provided by the division, demanding an election
22 submitting the question of the all-union agreement to the employees
23 covered by such agreement and said agreement is approved by the
24 affirmative vote of at least a majority of all the employees eligible to vote
25 or three-quarters or more of the employees who actually voted, whichever
26 is greater, by secret ballot in favor of such all-union agreement in an
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1 election provided for in this paragraph (c) conducted under the
2 supervision of the director.
3 (B) Upon filing of such instrument of ratification with the
4 director, the director shall certify that such agreement complies with the
5 provisions of section 8-3-104 (1) notwithstanding the absence of any
6 other election requirements of this article, and by virtue of such
7 ratification and certification, such agreement shall be deemed legal, valid,
8 and enforceable to the extent permitted under the provisions of this
9 article, subject to the provisions of sub-subparagraph (D) of this
10 subparagraph (II).
11 (C) Within two weeks after the certification by the director
12 provided for in sub-subparagraph (B) of this subparagraph (II), the
13 employer which is a party to such agreement shall post or give written
14 notice to all employees covered by such agreement on the date of
15 ratification of the fact that the agreement has been ratified and certified
16 pursuant to the provisions of this subparagraph (II) and of the right of
17 such employees to file a petition demanding an election as provided in
18 sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice
19 shall be filed with the director within twenty days after the certification
20 by the director provided for in sub-subparagraph (B) of this subparagraph
21 (II).
22 (D) Within forty-five days after the certification by the director
23 provided for in sub-subparagraph (B) of this subparagraph (II) twenty
24 percent of the employees covered by such agreement may file a petition,
25 upon forms provided by the division, demanding an election submitting
26 the question of ratification of such agreement to the employees covered
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1 by such agreement. If ratification of the agreement is approved by the
2 affirmative vote of at least a majority of all the employees eligible to vote
3 or three-quarters or more of the employees who actually voted, whichever
4 is greater, in said election, the agreement shall be conclusively deemed
5 ratified. Such election shall be held as promptly as possible following the
6 filing of the petition. In the event that a certified contract expires or is
7 terminated prior to the conducting of such an election, such certification
8 shall be applicable to any subsequent agreement between the same parties
9 until such election may be held.
10 (III) The director shall declare any such all-union agreement
11 terminated whenever:
12 (A) He finds that the labor organization involved unreasonably
13 has refused to receive as a member any employee of such employer, and
14 any person interested may come before the director, as provided in
15 section 8-3-110, and ask the performance of this duty; or
16 (B) The employer or twenty percent of the employees covered by
17 such agreement file a petition with the director on forms provided by the
18 division seeking to revoke such all-union agreement and, in an election
19 conducted under the supervision of the director, there is not an
20 affirmative vote of at least a majority of all the employees eligible to vote
21 or three-quarters or more of the employees who actually voted, whichever
22 is greater, in such election by secret ballot in favor of such all-union
23 agreement. Such petition may only be filed within a time period between
24 one hundred twenty and one hundred five days prior to the end of the
25 collective bargaining agreement or prior to a triennial anniversary of the
26 date of such agreement, and the division must complete said election
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1 within sixty days prior to the termination or triennial anniversary of said
2 collective bargaining agreement. The director may conduct an election
3 within a collective bargaining unit no more often than once during the
4 term of any collective bargaining agreement or once every three years in
5 the case of agreements for a period longer than three years.
6 (IV) The director shall provide a means by which employees may
7 submit confidential petitions for an election under this paragraph (c), a
8 means for verifying the employment, status, and eligibility of petitioners,
9 and a means for determining the sufficiency of such petitions with respect
10 to the twenty percent signature requirement, all of which shall be
11 accomplished without disclosing the identification of such petitioners,
12 except as allowed under subparagraph (V) of this paragraph (c). This
13 duty shall apply to petitions filed pursuant to subparagraph (II) (A), (II)
14 (D), or (III) (B) of this paragraph (c).
15 (V) No officer or employee of the division shall disclose the
16 names of any signers to a petition or disclose how any person voted in an
17 election to any person outside the division except pursuant to a court
18 order or subpoena issued by a governmental authority or a court, and any
19 such officer or employee who violates such nondisclosure provisions or
20 who refuses to call an election pursuant to this paragraph (c) or prevents
21 or conspires to prevent such call of an election commits a class 2
22 misdemeanor and shall be punished as provided in section 18-1-106,
23 C.R.S.
24 (e) Enter into an all-union agreement; except in the manner
25 provided in paragraph (c) of this subsection (1);
26 SECTION 3. 8-3-109 (1) and (3), Colorado Revised Statutes, are
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1 amended to read:
2 8-3-109. What are not unfair labor practices. (1) It is not an
3 unfair labor practice for any employer to refuse to grant a closed shop or
4 all-union agreement. or to accede to any proposal therefor as provided in
5 this article.
6 (3) It shall not be an unfair labor practice for an employer
7 engaged primarily in the building and construction industry to enter into
8 an all-union agreement, except an agreement providing for an agency
9 shop or modified agency shop, with a labor organization, which
10 agreement is limited in its coverage to employees who, upon their
11 employment, will be engaged in the building and construction industry,
12 if a copy of such agreement is filed with the director and certified by him
13 as provided in section 8-3-108 (1) (c) (II) (B). Such agreement may be
14 ratified as provided in section 8-3-108 (1) (c) (II) (C) or terminated by the
15 director as provided in section 8-3-108 (1) (c) (III).
16 SECTION 4. Effective date - applicability. This act shall take
17 effect July 1, 1999, and shall apply to contracts or agreements entered
18 into, extended, or renewed on or after said date.
19 SECTION 5. Safety clause. The general assembly hereby finds,
20 determines, and declares that this act is necessary for the immediate
21 preservation of the public peace, health, and safety.