Colorado Advocates Renew Effort to Eliminate the Labor Peace Act’s Second Election Requirement

Carl Williams, Paralegal   

In December 2024, Rocky Mountain Employer examined the Colorado labor movement’s push to eliminate the Colorado Labor Peace Act’s (“LPA”) requirement that employees approve union security agreements through a second election subject to a heightened approval threshold.[1] That effort culminated in the General Assembly’s passage of Senate Bill 25-005 (“SB25-005”) in 2025, which Colorado Governor Jared Polis vetoed. As discussed in a previous Rocky Mountain Employer article analyzing the veto, the Governor’s decision preserved Colorado’s status as a modified right-to-work state, while signaling that renewed legislative efforts were likely.[2] Those efforts have now resumed. At the outset of the 2026 legislative session, Democratic lawmakers have reintroduced House Bill 26-1005,[3] which is substantially similar to the 2025 version,, once again placing the LPA’s second-election requirement at the center of Colorado’s labor policy debate.

The LPA Framework                     

            Under the LPA, employees may elect a union as their bargaining representative by a simple majority vote conducted pursuant to state law, which is considered the first election.[4] The LPA allows for an all-union agreement where employment is conditioned on being a union member and paying union dues, but only after a second election in which employees approve such arrangements by either (1) a majority of the entire bargaining unit or (2) at least 75 percent of the votes cast, whichever is greater.[5]

Renewed Push in 2026

            The 2026 proposal mirrors the prior year’s effort by eliminating the second-election requirement altogether. Proponents contend that this change would strengthen collective bargaining and increase wages, while business organizations, including the Colorado Chamber of Commerce, counter that the second election protects employee autonomy, moderates labor costs, and preserves Colorado’s competitiveness as a place to do business. As in 2025, passage through the General Assembly appears likely. The principal uncertainty remains whether Governor Polis will again veto the legislation or whether political pressures during an election year, combined with the fact that this is the Governor’s final term in office, will alter the outcome.

Employer Considerations

            Employers should recognize that repeal of the LPA’s second-election requirement would constitute a fundamental shift in Colorado labor law. If enacted, unions could seek union security provisions immediately following certification by a simple majority vote. Campbell Litigation will continue to monitor these developments and provide updates as the legislation progresses.

[1] See https://www.rockymountainemployersblog.com/blog/2024/12/5/colorado-pro-labor-movement-seeks-to-eliminate-right-to-work-provisions-in-labor-peace-act for a more detailed discussion on the LPA.

[2] See https://www.rockymountainemployersblog.com/blog/2025/5/22/governor-polis-vetoes-proposed-elimination-of-the-labor-peace-acts-second-election-requirement-for-union-security-agreements for a more detailed discussion on the reasons Governor Polis vetoed  SB25-005.

[3] See https://leg.colorado.gov/bills/HB26-1005 for the full text of HB26-1005.

[4] See Colo. Rev. Stat. § 8-3-107(1).

[5] See Colo. Rev. Stat. § 8-3-108(1)(c)(I).