Jared Polis plans to veto Labor Peace Act bill, a priority for Colorado unions
Gov. Jared Polis confirmed Thursday that he plans to veto a bill passed by Democrats in the legislature this year that would rewrite the Colorado Labor Peace Act.
Senate Bill 5 is a priority for the Colorado labor movement and Polis’ decision to nix the measure is sure to inflame the unfavorable view of the governor already held by unions.
The measure would abolish a requirement in the Colorado Labor Peace Act that 75% of workers at a company sign off before unions can negotiate with businesses over union security. That’s after a majority of workers vote to unionize.
Union security is the term for when workers are forced to pay fees for collective bargaining representation — whether or not they are members of their workplace’s union. Unions are required to bargain on behalf of all workers at a company, whether they are in the union or not. That’s why they feel it’s only fair that union security be imposed to cover the cost of things like lawyers and negotiating experts.
The governor has long said he opposes eliminating the union security election. But he hasn’t outright vowed to veto Senate Bill 5 — until now.
Polis told reporters Thursday that he’s “indicated very clearly” that he dislikes the measure and plans to veto it.
“I don’t know how you can interpret that any other way,” he said when asked for a clear answer on his veto plans.
Unions blasted Polis in a written statement Thursday afternoon.
“Colorado workers deserve the freedom to form a strong union to negotiate for better pay and safety,” said Dennis Dougherty, who leads the Colorado AFL-CIO. “If Gov. Polis vetoes the Worker Protection Act, it’s kowtowing to the billionaire class rigging the system against the rest of us. Nurses, truck drivers and other workers won’t forget that the governor betrayed them with a veto.”
Democrats in the legislature tried to reach a compromise on Senate Bill 5 with the labor movement, business leaders and Polis. Those negotiations fell apart over the weekend, however, and Democrats in the General Assembly passed Senate Bill 5 on Tuesday and urged Polis to sign it.
The governor said while he will veto Senate Bill 5, he’s willing to work on the issue in the future.
“People were not too far apart, but still far enough to avoid getting a (deal),” he said. “I don’t even want to use the word ‘compromise,’ because I truly believe the bill that I could sign would be better for workers and better for business.”
Union leaders have vowed to launch a national campaign opposing Polis once he vetoes Senate Bill 5. The governor has until June 6 to sign or veto bills passed during the 2025 legislative session, or let them become law without his signature.
Dougherty said the labor movement will try again next year.
“We’re just getting started,” he said. “This campaign was a big boost to Colorado’s labor movement, building solidarity, worker power and a fairer vision for our future. We’ll be back next year, not just with this bill but also with a ‘just cause’ statewide ballot measure to prevent corporations from firing workers for no reason.”
Dougherty was referring to a ballot measure he’s working on that would make Colorado the second “just-cause employment” state in the U.S. Initiative 43 would prohibit companies with more than eight employees from firing or suspending a worker without just cause, which is defined in the measure as substandard performance, material neglect, repeated policy violation and gross insubordination. Conviction of a crime of “moral turpitude” — like murder, kidnapping and sexual assault — and an employer’s financial instability would also constitute just cause under the initiative.
Colorado, like 48 other states, is currently an at-will employment state, meaning an employer can fire a worker at any time for any reason or no reason at all. The exception is for employees who are working under a contract. And an employer cannot fire a worker for their age, race, sex, a disability or their religion.
Initiative 43 is a long way from appearing on the 2026 ballot. Submitting a ballot initiative to Legislative Council Staff is the first step. Proposals then must be vetted by the state’s Title Board. Then, proponents must gather some 125,000 voter signatures to make the ballot.
Making the ballot typically costs about $2 million.
There are other labor measures being pursued for the 2026 ballot.
Jon Caldara, who leads the libertarian Independence Institute, is behind a proposal that would make Colorado a right-to-work state. The measure would amend the state constitution to prohibit employees from being forced to pay collective bargaining representation fees if they aren’t in a union. It was a direct response to the Labor Peace Act repeal effort.
Getting a measure on the ballot that amends the state constitution is more difficult.
Proponents must still gather some 125,000 voter signatures, but those signatures must include at least 2% of the registered voters in each of the state’s 35 state Senate districts. The measure would then require at least 55% of the vote to pass.
Senate Bill 5 passed the Senate 22-12 along party lines and the House 43-22 also along party lines.