Joint Written Testimony of Denver City Council Members – SB25-005
On March 13th, the House Business Affairs and Labor committee will consider SB25-005: Worker Protection Collective bargaining, a bill that would enhance workers’ freedom to form unions and collectively bargain. As Denver City Council members, we have fought to grant collective bargaining rights to Denver’s public employees and have supported countless workers in the private sector in their unionization and bargaining efforts. SB25-005 would remove outdated, anti-worker provisions from Colorado statute that create uniquely steep barriers for workers to secure full collective bargaining rights that are otherwise guaranteed under federal labor law. Removing these provisions strengthens workers ability to improve their wages and working conditions, and will benefit Denverites overall.
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SB25-005 would eliminate the current requirement for a second vote with 75% supermajority approval in order for unionized employees to negotiate a union security agreement clause in the collective bargaining process. This second election currently prohibits many unions from gaining key protections such as dues collection from all covered workers, protections that allow the unions to function and serve their bargaining unit sufficiently. This second election requirement was enshrined in statute through the “Labor Peace Act” over eight decades ago.
The so-called “Labor Peace Act”, passed in 1943, came just eight years after the passage of the National Labor Relations Act (NLRA) as a business-backed counter effort to undermine the new federal labor law and constrain the growth of unions. At a time when multiracial organizing of hyper-exploited Black, brown, and immigrant workers was leading to the growth of union activity, influential mining companies relied on state power to weaken workers’ ability to organize for their rights.
After passage of federal legislation that effectively preempted the second election provision and a court ruling that allowed it to be reenforced, Colorado reinstated the second election requirement in 1977. The share of workers covered by a union contract has declined since despite steady increases in the number of workers nationally who are interested in unionization. The large gap between Coloradans who would choose to join a union if they could and those who are currently covered by union contracts is a direct result of our policies that hinder these rights. Colorado currently has a union membership rate 22% below the national average as a direct result.
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When workers are able to collectively bargain, their wages, benefits, and working conditions improve. Denver city council knows this well and recently unanimously referred a measure to the November 2024 ballot to allow public employees to collectively bargain. Denver Mayor Mike Johnston was also in support, and the measure passed easily by a 30-point margin, making it one of the most supported local items on the ballot.
Collective bargaining is in the public interest. Public workers like trash collectors, street cleaners, librarians, social workers, landscapers, environmental investigators, emergency dispatchers, and more dedicate their lives to the safety and well-being of our city. When they can speak together to address workplace issues, they are better able to advocate for the public they serve and to advance the health, safety, equity, and prosperity of our city. That is why Denver city council was thrilled to support the measure to grant this right to city employees and why we strongly support SB25-005, a bill that would make the benefits of collective bargaining more accessible to all workers in the private sector of our city.
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Workers already face enormous challenges to organizing and certifying a union. The Economic Policy Institute cites that employers are charged with violating federal law in 42% of all union election campaigns. This includes unfair labor practices of threats, retaliation, firing employees illegally, and refusal to bargain. Colorado does not need to create additional hurdles for workers to organize themselves to improve their working conditions.
SB25-005 would remove anti-worker provisions that factually hurt the income of workers in our state, and therefore also hurt our state’s economy. On average, workers in states with anti-union laws like Colorado earn less than their counterparts in states without such laws. That means less dollars in the pockets of hard-working families in Colorado and our city of Denver, which of course also means less income to spend and less tax revenue for our state and localities.
Unionization is a powerful tool for combating economic inequality. Data from the Economic Policy Institute lays bare the unfortunate reality that income inequality in Colorado has increased as unionization rates have decreased.
Across our districts, we hear residents concerns about making rent, feeding their children, and covering healthcare costs. As Denver leaders, we are constantly investigating ways to make our city affordable to those who have called it home for many years and are facing incredible challenges to doing this. With historic Denver eviction rates, federal attacks on Medicaid and social services that support our residents, and the end of pandemic-related funding, our state should be using every tool at our disposal to support our working families.
We urge state lawmakers to support SB25-005 and stand with Colorado’s workers. Denver residents are incredibly burdened by the rising cost of living and are insistent in their demand that our local and state governments use every tool at our disposal to ease this burden. Colorado’s labor policy can no longer be defined by an outdated, anti-worker structure that leaves us trailing our peers nationally. The state legislature has the opportunity to stand with our working families at a time when many worker protections and social services are under threat. Please seize this opportunity to do what is right by Coloradans.
Councilmember Sarah Parady, At Large
Councilwoman Serena Gonzales-Gutierrez, At Large
Councilman Kevin Flynn, District 2
Councilwoman Amanda Sawyer, District 5
Councilwoman Flor Alvidrez, District 7
Councilwoman Shontel Lewis, District 8
Councilwoman Stacie Gilmore, District 11