Colorado Chambers Push Back on Labor Peace Act Changes That Could Shift Union Election Rules for Small Employers
Small business groups across Colorado are pressing Governor Jared Polis to preserve a two-vote union election requirement they say shields smaller employers from outsized organizing pressure.
Business associations in Colorado are making direct appeals to Governor Jared Polis to leave the state's Labor Peace Act intact, specifically the provision requiring a second employee vote before a union can collect dues from workers at a given workplace. The push comes as labor advocates in the state legislature have sought to eliminate that second-election requirement, which has been part of Colorado law since 1943.
The National Federation of Independent Business, which counts roughly 8,000 Colorado members, has been coordinating outreach to the governor's office and to statehouse offices. Chamber of commerce chapters along the Front Range have added their signatures to the effort, making this a notably broad coalition for what is typically treated as a legislative labor question rather than a main-street business issue. For more on the topic discussed above, see Main Street Press USA.
Why the Second Vote Matters to Smaller Operators
Under the current Labor Peace Act framework, Colorado workers at a given employer go through two separate ballots if they choose to unionize. The first vote decides union representation. The second vote, if passed by a majority, authorizes a union security agreement, meaning dues or fees can be required as a condition of employment. Removing the second ballot would effectively make union security agreements automatic after the first vote.
For independent retailers, restaurants, and service businesses, the practical concern is cost control. Mandatory dues arrangements can complicate wage structures and total compensation planning, especially at operations running on thin margins with fewer than 50 employees. Downtown business districts, where many shops employ part-time and seasonal workers, could see the most immediate friction if those arrangements become standard rather than a separate, explicit choice by employees.
The Colorado Department of Labor and Employment administers labor standards in the state, and any statutory change to the Labor Peace Act would run through that agency's enforcement mechanisms. Opponents of the change argue the existing two-vote structure gives employees a cleaner, deliberate choice rather than bundling two separate decisions into a single election outcome.
Business owners who testified during the 2024 legislative session said the second vote is a procedural protection, not an anti-union measure, and that stripping it creates conditions where dues obligations can take effect before workers fully understand what they agreed to. That session ended without a final vote on the proposal, but advocates on both sides expect the issue to return when the 2025 session convenes in January.
What Chamber Members and Downtown Operators Should Do Now
If you operate a business in Colorado or belong to a chamber with Colorado affiliates, the practical step right now is to track the bill if and when it is reintroduced in the 2025 session through the Colorado General Assembly's official bill-tracking tool at leg.colorado.gov. Submit formal comment through your local chamber or directly through the NFIB's state office in Denver. Written comment from specific employers, naming workforce size and location, carries more weight with legislative staff than form letters. Do not wait for a floor vote to weigh in.