Newton’s third law of motion — for every action, there is an equal and opposite reaction — applies as much to politics as it does physics. After the Colorado Senate voted to strip workers’ choice protections from the 82-year-old Labor Peace Act, the Independence Institute launched an initiative to bring them back.
Up until now, Colorado has straddled the fence between the right-to-bargain seaboard and factory belt states and the right-to-work states of the south, Midwest, and Rocky Mountains. In right-to-bargain states, once a majority vote to have union representation, all employees must pay union collective bargaining fees as a condition of employment whether or not they are union members. In right-to-work states, employees are free to join a union and pay collective bargaining fees, but they cannot be compelled to do so.
Colorado’s unique law allows employees to unionize after a simple majority vote. In order to collect collective bargaining fees from non-union members, there must be a second vote with 75% of employees agreeing. This two-vote system gives non-union members a voice. If a large minority of workers does not believe that collective bargaining is in their best interest, they can vote to prevent the union from extracting fees for that purpose.
Colorado’s law as written has protected both the majority’s choice to form a union and the minority’s choice to not pay the fees. The onus is on the union to make a strong case that its collective bargaining efforts will truly benefit employees and be worth the fees. Unions aren’t always persuasive. Analysis by the Colorado Sun of second votes taken in recent decades found the second vote fails nearly half of the time. In the past five years, 16 of the 25 union security votes have passed.
Senate Bill 5, which recently passed the Senate, would remove the second vote and the minority protection it provides. If it becomes law, a bare majority of employees who want union representation could force the remainder to contribute against their will. The bill is sure to pass in the more left-leaning House but could face the governor’s veto. Governor Polis has been skeptical of the bill, preferring the status quo.
In 2007, Governor Ritter vetoed similar legislation. A year later, business advocates placed a right-to-work initiative on the ballot but pulled it when union groups teed up two of their own initiatives.
The Independence Institute is less likely to back down. Initiative 12, which will make Colorado a right-to-work state, goes to their core value of freedom. They believe no one should be forced to pay a fee to an organization to which they do not belong to provide a service they don’t want as a condition of keeping of job.
The think tank has the resources to undertake the signature gathering necessary for a constitutional amendment. They will emphasize the fact that right-to-work states tend to have lower unemployment and higher economic growth. Companies are also keen to relocate to states where unions are less influential.
These benefits are not without costs. Right-to-work laws correlate with lower unionization rates. Fewer people opt to contribute to collective bargaining efforts. With diminished union power, wages and benefits tend to be lower than those in right-to-bargain states.
The debate comes down to two competing and compelling values: the right of individuals to choose not to contribute to an organization with which they disagree and the right of individuals to effectively bargain together for higher wages and benefits. It’s not an easy choice.
The Labor Peace Act was aptly named. It struck the right balance, a balance Senate Bill 5 and Initiative 12 threaten to tip.
Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer.
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