Right To Work
Long-term Benefits: We anticipate more job creation, a more flexible labor market, and greater harmony as workers aren’t divided between forced union supporters and resentful payers. Union leadership will have to be more responsive to keep members, which could even lead to better union outcomes. But primarily, individual rights will be respected, aligning with Colorado's spirit of independence. We think that’s worth fighting for and we are confident we can succeed with the people’s support on Right to Work.
a. Worker Freedom: We support establishing Colorado as a Right to Work state – meaning no worker should be forced to join a union or pay union dues/fees as a condition of employment. Simply put, employment should be based on merit and agreement between employer and employee, not contingent on union membership. “Right to work” enshrines the liberty of workers to choose whether or not to associate with a labor union. It prevents mandatory union dues from being taken from paychecks of those who don’t want union representation. We see this as a civil right (freedom of association includes the freedom not to associate). Over half the states have right-to-work laws, and they’ve often seen faster job growth and more business relocations because companies prefer states without compulsory unionism. We also believe voluntary unions will be more accountable to members – they must earn support rather than coerce it.
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b. Colorado Context: Colorado is not a right-to-work state for private sector. Union security agreements can require all employees in a unionized workplace to pay at least agency fees (though after Janus (2018), public sector employees cannot be forced to pay fees). In 2008, a Right-to-Work ballot Amendment 47 was defeated ~56%, largely due to unions pouring money to oppose. Times may have changed some but passing it might still be a battle. However, if we articulate it as worker freedom and economic growth measure, perhaps more support now, especially as nearby states (like Arizona, Utah) are right-to-work and attract manufacturers. Colorado did pass in 2021 a law preventing public unions from requiring dues, aligning with Janus. But currently, a private employee can be compelled to pay fees (Colorado had a union shop like arrangement at places e.g., the grocery union or construction trades). We want to end that.
c. Action Plan for Right to Work:
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1. Legislation or Ballot Initiative: We will push for a statute or constitutional amendment stating that no person can be forced to join or financially support a union as condition of employment. Ideally constitutional, as that’s more permanent and overrides any conflicting laws. We can try for 2026 ballot if legislative referral fails. I’d attempt legislative first (though current legislature may resist if union-friendly). Perhaps focusing on how it can attract new industries and protect workers’ paychecks resonates. In parallel, partner with pro-business and taxpayer groups to lead a ballot petition if legislature stonewalls. We’ll learn from 2008’s failure: in 2008, it failed partly due to union counter-measures and a crowded ballot with multiple labor vs business initiatives that confused voters. This time, we present a clean right-to-work measure with clear language and campaign vigorously explaining it doesn’t ban unions, just makes them voluntary.
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2. Public Education: Emphasize success stories: Many states that passed right-to-work (e.g., Michigan in 2012, though MI recently repealed in 2023 when politics flipped – we’ll highlight how repealing is step backwards). Show how companies often avoid non-RTW states due to potential labor issues; being RTW could help, say, bring more manufacturing supply chain from other states or countries. Also highlight worker testimonies – e.g., a Colorado worker forced to pay union dues that fund politics they disagree with; in Right-to-Work they’d have a choice (and if they like union, they can still join – freedom goes both ways).
3. Counter Union Arguments: Unions will argue RTW lowers wages and undermines worker voice. We’ll counter with data: many RTW states have cost-of-living adjusted wages similar or higher, lower unemployment, and the union membership in some RTW states (like Nevada in hospitality) is still strong, they just must convince members to join. It may actually lead to unions focusing on service to attract voluntary members. Also stress Colorado’s industries like tech, aerospace – these aren’t heavily union anyway; RTW won’t affect existing good union contracts (they remain but now membership is choice). The union can still collectively bargain on behalf of those who choose to join (and indeed they must represent all in unit by law if majority chose union – that’s their fair duty, but we could allow unions in RTW states to negotiate “members-only” contracts or charge non-members for direct grievance services if provided to avoid free rider argument; some states have provisions for reasonable cost for individual representation if a non-member wants union help in a grievance, etc.). But base premise: freedom trumps forced dues.
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4. Government Employment: Already by Janus, no government employee can be forced to pay union fees. We will ensure all state and local governments fully comply – sometimes unions try to get employees to sign dues authorization that are hard to revoke; we’ll demand easy opt-out windows and that no one is misled into thinking membership is required. Maybe an executive order that all new hire orientation include notice that union membership is voluntary and opting out cannot affect employment – ensure right-to-work principles embedded in public sector practice. Also, if any leftover agency-shop clauses in older municipal contracts, push to remove them.
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5. Prevent Work-Arounds: Some union efforts try to circumvent RTW by e.g., designating union training or hiring hall fees mandatory, or political funds separate. Our law should be comprehensive to cover any fees or contributions. Also, no union should be able to get a worker fired for not paying any dues/fees or not joining. We’ll set penalties if any employer-union combo violates that (like an unfair labor practice remedy).
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6. Economic Marketing: Once implemented, use it as a selling point in economic development pitches: "Colorado – now a Right-to-Work state – welcomes your business expansion." Many site selectors factor that in. With our other advantages (location, workforce), it might tip some decisions. This helps create jobs for Coloradans, which resonates with general public.
7. Protect Existing Contracts: To avoid confusion and legal fights, likely the law would apply upon next contract renewal. Don’t want immediate disruption of active collective bargaining agreements (except membership security part becomes void). We’ll consult legal counsel on best approach. But definitely, from date effective, no new union security in contracts.
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8. Union Member Outreach: We won’t demonize all unions; we’ll say they have to prove their value to members. In some cases, workers will still support them (e.g., building trades often do because union provides training and hall jobs). That’s fine – our goal not to eliminate unions but to remove compulsion. We might engage some union members who favor personal liberty to speak out (there are always some who resent money taken for politics or poor union service).
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By focusing on Right to Work, we champion individual liberty and aim to improve Colorado’s economy. It also aligns ethically: no one should be forced to fund speech or associations they disagree with (First Amendment issue). It's about fairness: if the union is beneficial, people will join voluntarily; if not, they shouldn’t pay for something not helping them.
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Given shifting views, I suspect more support now than in 2008. The key is a clear, positive campaign – "Worker Freedom Amendment" perhaps. We’ll mobilize small businesses, national RTW organizations, and hopefully get backing from some big employers quietly. Unions will mobilize strongly, but if economy is sluggish or people see union strikes causing issues (like recent school strikes or something), public may lean our way.
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In implementing, we’ll ensure robust enforcement: state labor department can investigate any coercion. Also, forbid any discrimination in hiring based on union status – essentially open shop must prevail.