Colorado AFL-CIO Presses for Worker Protection Act to Strengthen Organizing

Colorado labor leaders are renewing a high-stakes push to modernize the state’s unique Labor Peace Act requirement that forces workers to clear a second election hurdle before negotiating a union security clause. On the America’s Work Force Union Podcast, Colorado AFL-CIO Executive Director Dennis Dougherty said the state’s Worker Protection Act would eliminate that second vote, which he described as a relic of anti-union policy that prolongs organizing campaigns and exposes workers to additional employer pressure.

While the bill is expected to pass the legislature again, labor leaders anticipate another veto from the governor, setting up a defining test of political accountability and worker power that may impact the future of collective bargaining rights in Colorado.

• Colorado AFL-CIO says the Labor Peace Act’s second election requirement is a national outlier that delays bargaining and increases worker vulnerability.
• The Worker Protection Act targets the 75 percent second-vote threshold to allow Colorado to operate like other “free bargaining” states.
• Labor leaders expect legislative passage but warn of another veto, intensifying organizing and accountability efforts ahead of a new governor.

Colorado’s labor movement is once again confronting a legal structure that union leaders say is designed to slow organizing, weaken first-contract momentum and give employers a second chance to pressure workers after they have already chosen union representation.

In today’s interview on the America’s Work Force Union Podcast, Dennis Dougherty, Executive Director of the Colorado AFL-CIO, described the state’s Labor Peace Act as a barrier in modern labor law. The Colorado AFL-CIO represents about 185 affiliated unions and more than 130,000 working people statewide. Dougherty said the federation’s priority is passage of the Worker Protection Act, legislation that would eliminate Colorado’s requirement for a second election before workers can negotiate a union security clause.

The issue is technical, but the consequences are concrete. Under current Colorado law, even after a union is certified by the National Labor Relations Board or voluntarily recognized by an employer, workers must run a second election through the state Department of Labor. That second vote carries a 75 percent threshold.

Dougherty argued the second election is not about whether workers want a union. It is about whether a newly recognized union can negotiate a standard union security clause that ensures fair-share participation in representation costs. In his view, the extra vote creates delays, invites employer intimidation and undermines the stability needed to win a first contract.

The Labor Peace Act’s Second Election Requirement

Colorado’s Labor Peace Act stands alone nationally, according to Dougherty. He said no other state requires a second election after certification or recognition, and he traced the law’s origins to the mid-20th century.

The practical effect, he argued, is that workers face an additional gauntlet after they have already organized. Employers can use the time between votes to run anti-union campaigns, isolate leaders and stall bargaining. Even when workers remain committed, the second election can drain resources and momentum.

For labor leaders, the question is straightforward: if workers have already chosen representation, why should the state impose a second, higher-threshold vote to secure a basic bargaining tool?

Worker Protection Act Would Make Colorado a “Free Bargaining” State

Dougherty said the Worker Protection Act is designed to bring Colorado in line with other states where bargaining proceeds without a second election requirement.

The legislation would eliminate the second election and the 75 percent threshold, allowing unions and employers to negotiate union security clauses as part of normal collective bargaining. Supporters argue this is not a radical change, but a modernization that removes a uniquely restrictive barrier.

Dougherty said the bill has been reintroduced with minor tweaks, but the core remains the same: end the second vote.

Organizing Delays and First-Contract Pressure

In organizing campaigns, time is leverage. Dougherty emphasized that the second election requirement gives employers a built-in delay mechanism.

He described how additional time can expose workers to harassment and intimidation and can be used to string out negotiations. The longer the process takes, the harder it becomes to maintain unity, especially for workers who are already balancing job demands, family responsibilities and financial pressure.

Labor leaders also argue that the second election undermines first-contract bargaining by allowing employers to treat representation as provisional. Instead of rushing into negotiations, unions must defend their position at a higher threshold.

The Governor Veto Fight

The Worker Protection Act was previously passed by the Colorado state legislature, but Dougherty said the governor vetoed it.

Dougherty described the veto as a defining moment for Colorado labor. The governor urged labor leaders to accept a compromise that, in their view, would have traded union organizing gains for policy changes that would harm other workers, he said.

Dougherty said Colorado labor rejected that approach, arguing that worker rights should not be advanced by reducing standards elsewhere. The federation’s position, as he framed it, is that labor’s strength depends on solidarity across industries, including sectors that are less unionized and more economically vulnerable.

As the bill moves again, Dougherty said he expects strong legislative support from Democratic lawmakers and statewide candidates, but he anticipates the governor will veto the measure again.

Colorado AFL-CIO’s Legislative Outlook: House and Senate Support

Dougherty said the measure is expected to move through both chambers, with broad support among Democratic legislators. The bill recently advanced through a House committee, and labor leaders expect it to pass the full House and Senate.

If that happens, the political conflict shifts back to the governor’s desk.

For labor, another veto would reinforce the argument that the barrier is not legislative feasibility, but executive opposition.

The 2026 Governor’s Race

Dougherty said the current governor is term-limited, and labor leaders are already pressing gubernatorial candidates to clarify their positions on collective bargaining and union organizing.

He identified two prominent figures as potential contenders: U.S. Sen. Michael Bennet and Colorado Attorney General Phil Weiser. Dougherty said the labor movement is engaging both and emphasizing that pro-worker commitments must include explicit support for unions.

The fight over the Worker Protection Act, in that context, is becoming a litmus test of whether candidates will support structural reforms that expand organizing power.

Solidarity and Worker Mobilization

Dougherty described a state labor movement that is increasingly mobilized, both at the Statehouse and in the broader community.

He pointed to coalition turnout that includes labor, community groups and faith-based allies. He also described efforts to prepare for safety and coordination for public actions.

While the legislative battle is central, Dougherty framed the broader moment as one in which unions are being called to defend workplace voice and democratic participation, not only in contracts but also in civic life.

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