The House Finance Committee advanced HB26-1005 on February 12 by a 10-1 vote following an 8-5 party-line vote in the House Business Affairs and Labor Committee on February 5. The legislation repeals Colorado’s requirement for worker approval before unions can collect mandatory dues from non-members.
The Colorado Labor Peace Act, codified at C.R.S. 8-3-108 and enacted in 1943, requires two elections for union security agreements. Workers first vote with a simple majority to authorize union representation. If unions then seek to collect dues from all workers regardless of membership status, a second election requires approval from 75% of voters or 50% plus one of all eligible employees, whichever is greater. HB26-1005 eliminates the second vote.
The bill sponsored by Representatives Javier Mabrey and Jennifer Bacon and Senators Jessie Danielson and Iman Jodeh declares that the right to bargain collectively includes “any mandatory subject of bargaining.” It states that refusing a proposal after good-faith bargaining does not constitute an unfair labor practice.
Governor Jared Polis vetoed nearly identical legislation in 2025. A spokesperson said Polis remained “frustrated and surprised” that sponsors reintroduced the measure “despite last year’s outcome and that nothing has changed.”
Union representatives testified that Colorado’s dual-election system creates uniquely high barriers to organizing. Data from the Colorado Fiscal Institute shows union workers earn 10% more than non-union workers in comparable positions and receive employer-provided health insurance and retirement benefits at higher rates. Colorado’s union membership rate of 7.7% falls below the national average of 9.9% and states with different labor frameworks including Minnesota at 14.2%, Washington at 16%, and California at 14.5%.
Sonia Riggs, president of the Colorado Restaurant Association, told lawmakers that members declined to testify after receiving “significant backlash” for opposing the 2025 version. “Workers and owners in our industry are now afraid to speak out,” she said. The Colorado Springs Gazette editorial board wrote that eliminating the second vote “would force employees to pay union dues against their will.” Real estate groups, homebuilders, and business associations opposed the measure.
The legislation raises questions about worker freedom of association and whether Colorado’s 83-year protection for individual worker choice in mandatory dues arrangements serves legitimate state interests in protecting employees from compelled financial support of organizations they decline to join. The Colorado Catholic Conference opposed the 2025 version on grounds that it removed longstanding worker protections.
Status: Passed House Finance Committee 10-1 on February 12, 2026. Next: House Appropriations Committee.
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