Douglas County Files Suit Over a Law Requiring Employers to be Neutral in Public Sector Union Organization
Douglas County Files Suit Over a Law Requiring Employers to be Neutral in Public Sector Union Organization
Carl Williams, Paralegal
Douglas County, Colorado (“the County”), has filed a federal Lawsuit (the “Lawsuit”) challenging a 2022 state law that grants county employees the right to unionize and requires counties to remain neutral during union organization efforts. The case, Board of County Commissioners of Douglas County v. Polis,[1] raises significant constitutional and labor law questions that could shape how governments and potentially private employers nationwide address union organization efforts. The County argues that the law, known as the Colorado Collective Bargaining for County Employees Act (“COBCA”), violates the First Amendment and conflicts with federal labor law. According to the complaint, COBCA not only restricts the speech of local officials but also intrudes into an area that Congress intended to leave open under the National Labor Relations Act (“NLRA”).
Background: Colorado Collective Bargaining for County Employees Act
Colorado enacted COBCA on May 27, 2022.[2] The law, which took effect on July 1, 2023, allows county employees in Colorado counties with populations over 7,500 to unionize and bargain collectively. It also requires counties and their representatives—including elected officials, department heads, and agents acting on behalf of the county—to remain “neutral” during unionization efforts. The neutrality requirement, codified at C.R.S. § 8-3.3-115(2)(b)–(c), prohibits any county official or employee from deterring or discouraging workers from joining or remaining in a union and bars the use of public funds to support or oppose unionization.
The Lawsuit
The Lawsuit is an appeal of a decision made by the Colorado Department of Labor and Employment’s (“CDLE”) Division of Labor Standards and Statistics (“DLSS”) concerning investigations into allegedly unfair labor practices by Douglas County.[3] The matter arose after the Fraternal Order of Police (“FOP”) initiated efforts to unionize deputies of the Douglas County Sheriff’s Office and issued public statements that the Sheriff’s Office supported those efforts. In response, the Board of Douglas County Commissioners and Sheriff’s Office issued statements correcting the misinformation, explaining COBCA, and expressing their personal views on unionization.[4] The FOP withdrew its union petition, but the CDLE refused to dismiss the case and instead decided to continue investigating the unfair labor practice complaint. The County, however, contends that COBCA does not apply to the Sheriff’s Office.[5]
The complaint alleges three claims for relief, namely: (1) that COBCA violates the Supremacy Clause by regulating labor communications that Congress intended to leave unregulated; (2) that the neutrality requirement is an unconstitutional restriction on speech under the First Amendment and the Colorado Constitution; and (3) that enforcement of COBCA against county officials constitutes a deprivation of civil rights under 42 U.S.C. § 1983.
The County says that the neutrality requirement effectively silences elected officials and restricts their ability to discuss labor issues with constituents or employees, forcing them to adopt a position of state-mandated silence on a matter of public concern. The County’s position draws heavily from the federal labor framework established under the NLRA, which governs communications surrounding union activity. Under the NLRA, employers are allowed to communicate with their employees in union organization as long as the communication does not constitute an unfair labor practice by containing threats of reprisals, threats of force, or promises of benefits. See 29 U.S.C. § 158(c). Threats, interrogation, promises, or surveillance of employees during union campaigns would be considered unfair labor practices that violate federal law.
The County, therefore, argues that COBCA conflicts with the NLRA by prohibiting even non-coercive statements by elected officials. Furthermore, because federal law takes precedent over state law, the County contends that Colorado’s neutrality requirement goes too far by preventing county leaders from expressing opinions that are otherwise lawful under federal labor law.
Employer Considerations
The outcome of the Douglas County litigation will impact how employers in Colorado’s public sector deal with the organization of unions amongst their employees and will determine whether those employers may follow the long-term precedent set by the NLRA which allows employers to make certain statements in union campaigns as long as the employer does not violate labor laws or whether employers will have to continue to remain neutral during union organization efforts. The case may also provide guidance on whether the NLRA preempts state laws such as COBCA or whether COBCA fills a void that the NLRA has not occupied.
Campbell Litigation will continue to monitor this case and emerging trends in labor law, ensuring that employers remain informed and prepared to meet new compliance challenges.
[1] Board of County Commissioners of Douglas County v. Polis, No. 1:25-cv-03326 (D. Colo. filed Oct. 21, 2025).
[2] Senate Bill 22-230 (SB22-230).
[3] Board of Douglas County Commissioners and Sheriff’s Office appeal results of State’s unfair labor practices investigation - Douglas County.
[4] Id.
[5] Douglas County files lawsuit challenging state’s Collective Bargaining by County Employees Act (COBCA) - Douglas County.