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From The Economic Policy Institute: ‘It’s Time’ For The State Of Colorado ‘To Remove Barriers To Unionization, Outdated Second Election Rule Is Rooted In Anti-Worker, White Supremacist History’

Published Wednesday, March 5, 2025
by Jennifer Sherer & Elise Gould/EPI
From The Economic Policy Institute: ‘It’s Time’ For The State Of Colorado ‘To Remove Barriers To Unionization, Outdated Second Election Rule Is Rooted In Anti-Worker, White Supremacist History’

(WASHINGTON, D.C.) - Colorado State Legislators are considering historic legislation to restore Workers’ Collective Bargaining Rights by repealing provisions of an 82-year-old statute that limits Colorado Workers’ freedom to form Unions and collectively bargain.

At present, Colorado Private Sector Workers who form a Union by winning a Certification Election administered by the National Labor Relations Board (NLRB) are prohibited from negotiating with employers over Union security, unless they also pursue a State-administered second election, which they must win by the exceptionally high threshold of a 75% super-majority of those voting or 50% plus one of all eligible voters (not just those participating in the election) - whichever is greater.

In other words, Colorado Workers face uniquely steep barriers to securing full Collective Bargaining Rights otherwise guaranteed under Federal Labor Law.

While Colorado’s law is unique, its impact and its historical roots in periods of intense big business Anti-Union backlash and white supremacist campaigns to pass State legislation limiting multi-racial Worker Power are not.

Data shows Colorado’s second election requirement has produced outcomes highly similar to those associated with so-called Right-To-Work (for less) Laws that prohibit negotiation over Union security in other States.

Colorado’s second election requirement has suppressed Unionization rates and declining Unionization rates have been accompanied by a dramatic increase in income inequality in the State.

To Continue Reading This Labor News Report, Go To: It’s time for Colorado to remove barriers to unionization: Outdated “second election” rule is rooted in anti-worker, white supremacist history | Economic Policy Institute

 

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