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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0311.01 Josh Schultz x5486 HOUSE BILL 26-1005
House Committees Senate Committees
Business Affairs & Labor
Finance
Appropriations
A BILL FOR AN ACT
CONCERNING MEASURES TO REDUCE BARRIERS IN THE "LABOR PEACE101
ACT" TO PROMOTE GOOD FAITH COLLECTIVE BARGAINING102
NEGOTIATIONS, AND, IN CONNECTION THEREWITH, REDUCING AN103
APPROPRIATION.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill w ill be av ailable at
http://leg.colorado.gov.)
The bill makes the following changes to the "Labor Peace Act":
! Specifies that employees' right to bargain collectively
includes the right to bargain collectively concerning any
HOUSE
3rd Reading Unamended
March 9, 2026
HOUSE
Amended 2nd Reading
March 6, 2026
HOUSE SPONSORSHIP
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, McCluskie, Nguyen, Paschal, Rutinel, Smith, Story, Willford
SENATE SPONSORSHIP
Danielson and Jodeh, Bridges, Cutter, Exum, Gonzal es J., Hinrichsen, Kipp, Kolker,
Lindstedt, Marchman, Sullivan, Wallace, Weissman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
mandatory subject of bargaining;
! Eliminates the requirement for a second election to
negotiate a union security agreement clause in the
collective bargaining process;
! Declares that it is not an unfair labor practice for an
employer to 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; and
! Requires employers and employees, through their exclusive
representative, to bargain in good faith.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-3-102, amend2
(1)(a), (1)(b), (1)(c), and (1)(e) as follows:3
8-3-102. Legislative declaration.4
(1) The public policy of the state as to employment relations and5
collective bargaining, in the furtherance of which this article 3 is enacted,6
is declared to be as follows:7
(a) It recognizes that there are three major interests involved,8
namely: That of the public, the employee, and the employer. These three9
interests are to a considerable extent interrelated. It is the policy of the10
state to protect and promote each of these interests with due regard to the11
situation and to the rights of the others THE RIGHTS OF ALL INVOLVED.12
(b) Industrial peace, regular and adequate income FAIR WAGES13
AND BENEFITS for the employee, and uninterrupted production of goods14
and services are promotive of PROMOTE all of these interests. They are15
largely dependent upon the maintenance of fair, friendly, and mutually16
satisfactory GOOD FAITH employment relations and the availability of17
suitable machinery for the peaceful adjustment of whatever legitimate18
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controversies may arise. It is recognized that certain employers, including1
farmers and farmer cooperatives, in addition to their general employer2
problems, face special problems arising from perishable commodities and3
seasonal production which require adequate consideration. I t i s a l s o4
recognized that whatever may be the rights of disputants with respect to5
each other in any controversy regarding employment relations, they6
should not be permitted in the conduct of their controversy to intrude7
directly or indirectly into the primary rights of third parties to earn a8
livelihood, transact business, and engage in the ordinary affairs of life by9
any lawful means and free from molestation, interference, intimidation,10
restraint, or coercion.11
(c) Negotiations of Terms and conditions of work should BE12
NEGOTIATED IN GOOD FAITH BY ALL PARTIES AND result from voluntary13
agreement between AN employer and employee ITS EMPLOYEES AND14
WITHOUT UNDUE INTERFERENCE BY THE STATE. For the purpose of such15
negotiation, an employee has EMPLOYEES HAVE the right, if he desires16
DESIRED, to associate with others EACH OTHER in organizing and17
bargaining collectively through representatives of his own THE18
EMPLOYEES' free choosing without intimidation or coercion from any19
source.20
(e) In order to preserve and promote the interests of the public, the21
employee EMPLOYEES, and the employer alike, the state shall establish22
standards of fair conduct in employment relations and provide a23
convenient, expeditious, and impartial tribunal by which these interests24
may have their respective rights and obligations adjudicated, without25
limiting the jurisdiction of the courts to protect property PREVENT26
VIOLENCE, and to prevent and punish the commission of unlawful acts.27
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While limiting individual and group rights of aggression and defense, the1
state substitutes processes of justi ce for the more pr imitive methods of2
trial by combat.3
SECTION 2. In Colorado Revised Statutes, amend 8-3-106 as4
follows:5
8-3-106. Rights of employees.6
In accordance with the provisions of this article ARTICLE 3,7
employees have the right of self-organization and the right to form, join,8
or assist labor organizations; to bargain collectively, INCLUDING THE9
RIGHT TO BARGAIN COLLECTIVELY CONCERNING ANY MANDATORY10
SUBJECT OF BARGAINING , through representatives of their own free11
choosing; and to engage in lawful, concerted activities for the purpose of12
collective bargaining or other mutual aid or protection. Each employee13
also has the right to refrain from any of such activities. The rights of each14
employee are essential rights, and nothing contained in this article15
ARTICLE 3 shall be so construed as to infringe upon or have any operation16
against or in conflict with such rights.17
SECTION 3. In Colorado Revised Statutes, 8-3-108, amend18
(1)(c)(I) and (1)(c)(III); and repeal (1)(c)(II) and (1)(c)(IV) as follows:19
8-3-108. What are unfair labor practices.20
(1) It is an unfair labor practice for an employer, individually or21
in concert with others, to:22
(c) (I) Encourage or discourage membership in any A labor23
organization, employee agency, committee, association, or representation24
plan by discrimination in regard to hiring, tenure, or other terms or25
conditions of employment; except that an employer shall not be26
prohibited from entering into an all-union agreement with the27
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representatives of his THE EMPLOYER 'S employees in a collective1
bargaining unit. if such all-union agreement is approved by the2
affirmative vote of at least a majority of all the employees eligible to vote3
or three-quarters or more of the employees who actually voted, whichever4
is greater, by secret ballot in favor of such all-union agreement in an5
election provided for in this paragraph (c) conducted under the6
supervision of the director. Where the collective bargaining unit involved7
is currently recognized under sections 8 or 9 of the "National Labor8
Relations Act", as amended, (49 St at. 449; 61 St at. 136), or where the9
collective bargaining unit involved is currently recognized by reason of10
certification by the director or the national labor relations board, or where11
such units were so recognized at the time of an election provided for in12
this paragraph (c), there is and shall be deemed to have been no need for13
a certification election as a precedent to an election provided for in this14
paragraph (c) in such collective bargaining unit on the issue of an15
all-union agreement. The employees in such a recognized or certified unit16
within this state shall be the only employees eligible to vote in an election17
provided for in this paragraph (c) held in such unit.18
(II) (A) Any agreement as defined in section 8-3-104 (1.5)19
between an employer and a labor organization in existence on June 29,20
1977, which has not been voted upon by the employees covered by it21
may, by written mutual agreement of such employer and labor22
organization, be ratified and upon such ratification shall be filed with the23
director. Any agreement as defined in section 8-3-104 (1.5) between an24
employer and a labor organization in existence on June 29, 1977, which25
has not been ratified and filed, as provided in this subsection (1)(c)(II),26
shall not be legal, valid, or enforceable during the remaining term of that27
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labor contract unless and until either the employer, the labor organization,1
or at least twenty percent of the employees covered by such agreement2
file a petition upon forms provided by the division, demanding an election3
submitting the question of the all-union agreement to the employees4
covered by such agreement and said agreement is approved by the5
affirmative vote of at least a majority of all the employees eligible to vote6
or three-quarters or more of the employees who actually voted, whichever7
is greater, by secret ballot in favor of such all-union agreement in an8
election provided for in this subsection (1)(c) conducted under the9
supervision of the director.10
(B) Upon filing of such instrument of ratification with the11
director, the director shall certify that such agreement complies with the12
provisions of section 8-3-104 (1.5) notwithstanding the absence of any13
other election requirements of this article 3, and by virtue of such14
ratification and certification, such agreement shall be deemed legal, valid,15
and enforceable to the extent permitted under the provisions of this article16
3, subject to the provisions of subsection (1)(c)(II)(D) of this section.17
(C) Within two weeks after the certification by the director18
provided for in sub-subparagraph (B) of this subparagraph (II), the19
employer which is a party to such agreement shall post or give written20
notice to all employees covered by such agreement on the date of21
ratification of the fact that the agreement has been ratified and certified22
pursuant to the provisions of this subparagraph (II) and of the right of23
such employees to file a petition demanding an election as provided in24
sub-subparagraph (D) of this subparagraph (II). Proof of giving of notice25
shall be filed with the director within twenty days after the certification26
by the director provided for in sub-subparagraph (B) of this subparagraph27
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(II).1
(D) Within forty-five days after the certification by the director2
provided for in sub-subparagraph (B) of this subparagraph (II) twenty3
percent of the employees covered by such agreement may file a petition,4
upon forms provided by the division, demanding an election submitting5
the question of ratification of such agreement to the employees covered6
by such agreement. If ratification of the agreement is approved by the7
affirmative vote of at least a majority of all the employees eligible to vote8
or three-quarters or more of the employees who actually voted, whichever9
is greater, in said election, the agreement shall be conclusively deemed10
ratified. Such election shall be held as promptly as possible following the11
filing of the petition. In the event that a certified contract expires or is12
terminated prior to the conducting of such an election, such certification13
shall be applicable to any subsequent agreement between the same parties14
until such election may be held.15
(III) The director shall declare any such AN all-union agreement16
terminated whenever17
(A) He THE DIRECTOR finds that the labor organization involved18
HAS unreasonably has refused to receive as a member any AN employee19
of such THE employer, and any person AN interested INDIVIDUAL may20
come before the director, as provided in section 8-3-110, and ask the21
performance of this duty. or22
(B) The employer or twenty percent of the employees covered by23
such agreement file a petition with the director on forms provided by the24
division seeking to revoke such all-union agreement and, in an election25
conducted under the supervision of the director, there is not an26
affirmative vote of at least a majority of all the employees eligible to vote27
1005-7-
or three-quarters or more of the employees who actually voted, whichever1
is greater, in such election by secret ballot in favor of such all-union2
agreement. Such petition may only be filed within a time period between3
one hundred twenty and one hundred five days prior to the end of the4
collective bargaining agreement or prior to a triennial anniversary of the5
date of such agreement, and the division must complete said election6
within sixty days prior to the termination or triennial anniversary of said7
collective bargaining agreement. The director may conduct an election8
within a collective bargaining unit no more often than once during the9
term of any collective bargaining agreement or once every three years in10
the case of agreements for a period longer than three years.11
(IV) The director shall provide a means by which employees may12
submit confidential petitions for an election under this paragraph (c), a13
means for verifying the employment, status, and eligibility of petitioners,14
and a means for determining the sufficiency of such petitions with respect15
to the twenty percent signature requirement, all of which shall be16
accomplished without disclosing the identification of such petitioners,17
except as allowed under subparagraph (V) of this paragraph (c). This duty18
shall apply to petitions filed pursuant to subparagraph (II)(A), (II)(D), or19
(III)(B) of this paragraph (c).20
SECTION 4. In Colorado Revised Statutes, 8-3-109, amend (3);21
and add (4) as follows:22
8-3-109. What are not unfair labor practices - obligation to23
bargain in good faith.24
(3) It shall not be IS NOT an unfair labor practice for an employer25
engaged primarily in the building and construction industry to enter into26
an all-union agreement. except an agreement providing for an agency27
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shop or modified agency shop, with a labor organization, which1
agreement is limited in its coverage to employees who, upon their2
employment, will be engaged in the building and construction industry,3
if a copy of such agreement is filed with the director and certified by him4
as provided in section 8-3-108 (1)(c)(II)(B). Such agreement may be5
ratified as provided in section 8-3-108 (1)(c)(II)(C) or terminated by the6
director as provided in section 8-3-108 (1)(c)(III).7
(4) IT IS NOT AN UNFAIR LABOR PRACTICE FOR AN EMPLOYER TO8
REFUSE TO AGREE TO A LAWFUL PROPOSAL MADE BY THE EXCLUSIVE9
REPRESENTATIVE OF THE EMPLOYEES , OR FOR THE EXCLUSIVE10
REPRESENTATIVE OF THE EMPLOYEES TO REFUSE TO AGREE TO A LAWFUL11
PROPOSAL MADE BY THE EMPLOYER, CONCERNING A MANDATORY SUBJECT12
OF BARGAINING IF THE REFUSING PARTY HAS BARGAINED IN GOOD FAITH13
WITH THE OTHER PARTY. EMPLOYERS AND EMPLOYEES, THROUGH THEIR14
EXCLUSIVE REPRESENTATIVE, HAVE THE OBLIGATION TO BARGAIN IN GOOD15
FAITH. THE OBLIGATION TO BARGAIN IN GOOD FAITH DOES NOT COMPEL16
EITHER PARTY TO AGREE TO A PROPOSAL OR MAKE A CONCESSION.17
SECTION 5. Appropriation - adjustments to 2026 long bill.18
(1) Except as provided in subsection (2) of this section, to implement this19
act, the general fund appropriation made in the annual general20
appropriation act for the 2026-27 state fiscal year to the department of21
labor and employment for use by the division of labor standards and22
statistics for program costs related to labor standards is decreased by23
$26,865, and the related FTE is decreased by 0.2 FTE. 24
(2) Subsection (1) of this section does not require a reduction of25
an appropriation in the annual general appropriation act for the 2026-2726
state fiscal year if: 27
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(a) The amount of general fund appropriation made in the annual1
general appropriation act for the 2026-27 state fiscal year to the2
department of labor and employment for use by the division of labor3
standards and statistics for program costs related to labor standards is less4
than the amount of the adjustment required in subsection (1) of this5
section; or 6
(b) The annual general appropriation act for the 2026-27 state7
fiscal year does not include an appropriation to the department of labor8
and employment for use by the division of labor standards and statistics9
for program costs related to labor standards. 10
SECTION 6. Effective date - applicability. (1) This act takes11
effect upon passage; except that section 5 of this act takes effect only if12
the annual general appropriation act for the 2026-27 state fiscal year13
becomes law, in which case section 5 takes effect upon the effective date14
of this act or upon the effective date of the annual general appropriation15
act for state fiscal year 2026-27, whichever is later.16
(2) This act applies to collective bargaining agreements entered17
into or renewed on or after the effective date of this act.18
19
SECTION 7. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
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