Gov. Jared Polis made his expected veto of Senate Bill 5 official on Friday, a decision that’s sure to deepen the rift between him and the Colorado labor movement, as well as Democrats in the legislature.
The measure would have abolished a requirement in the Colorado Labor Peace Act that 75% of workers at a company sign off before unions can negotiate with businesses over union security. That’s after a majority of workers vote to unionize.
Union security is the term for when workers are forced to pay fees for collective bargaining representation — regardless of whether they are members of their workplace’s union. Unions are required to bargain on behalf of all workers at a company, including nonmembers. That’s why unions feel it’s only fair that union security be imposed to cover the cost of things like lawyers and negotiating experts.
Repealing the union security vote requirement has long been a priority for Colorado’s labor movement. In 2007, when Democrats controlled the legislature by narrower margins, they passed a measure similar to Senate Bill 5. But then-Gov. Bill Ritter, a Democrat, vetoed the legislation. In his veto letter, Ritter wrote that he felt the proposal would ultimately hurt Colorado’s economy and make it harder to attract new businesses.
Polis has long said he opposes eliminating the union security election, saying that workers have a right to weigh in on whether they pay union representation fees.
Democrats in the legislature tried to reach a compromise on Senate Bill 5 with the labor movement, business leaders and Polis. Those negotiations fell apart, however, and Democrats in the General Assembly passed Senate Bill 5 as it was introduced and urged Polis to sign it.
The governor said despite his veto of Senate Bill 5, he’s willing to work on the issue in the future.
“People were not too far apart, but still far enough to avoid getting a (deal),” he said. “I don’t even want to use the word ‘compromise,’ because I truly believe the bill that I could sign would be better for workers and better for business.”
Senate Bill 5 passed the Senate 22-12 along party lines and the House 43-22 also along party lines.
Labor leaders have vowed to use the governor’s veto of Senate BIll 5 as a line of attack should he decide to run for president or another higher office in 2028. (Polis is term-limited come early 2027.)
The governor said Thursday he’s not worried about how vetoing Senate Bill 5 will affect his political future and instead emphasized the importance of remaining consistent in his position.
“It would be political suicide if I were to sign the bill,” Polis said at The Colorado Sun’s post-legislative session event held at the University of Denver. “Because obviously I said we were going to veto it. Labor knew when they introduced it where we were. My governorship would be over if I were to sign it. I’m sure they understand that.”
Dennis Dougherty, who leads the Colorado AFL-CIO, said the labor movement will keep trying to repeal the union security vote. Union leaders think Colorado’s next governor, likely a Democrat, will follow through.
Dennis Dougherty, who leads the Colorado AFL-CIO, speaks at a labor rally on Tuesday, May 13, 2025, in Denver, Colorado. The rally was held in the park near the governor’s mansion and aimed at putting Polis on blast. (Jesse Paul, The Colorado Sun)The business community has been complimentary of Polis’ work to prevent Senate Bill 5 from becoming law.
“Our strongest backstop on business issues — the most radical ideas this session — will only be governor for 18 more months,” J.J. Ament, president and CEO of the Denver Metro Chamber of Commerce, told hundreds of business leaders this week at the chamber’s annual State of the State event recapping the legislative session. “Without his leadership, frankly, and insistence on good faith negotiations, this bill may have passed in the first month.”
Unions are also trying to make Colorado the second “just-cause employment” state in the U.S.
Initiative 43, which would be on the 2026 ballot if its backers collect enough voter signatures, would prohibit companies with more than eight employees from firing or suspending a worker without just cause, which is defined in the measure as substandard performance, material neglect, repeated policy violation and gross insubordination. Conviction of a crime of “moral turpitude” — like murder, kidnapping and sexual assault — and an employer’s financial instability would also constitute just cause under the initiative.
Colorado, like 48 other states, is currently an at-will employment state, meaning an employer can fire a worker at any time for any reason or no reason at all. The exception is for employees who are working under a contract. And an employer cannot fire a worker for their age, race, sex, a disability or their religion.
Initiative 43 is a long way from appearing on the 2026 ballot. Submitting a ballot initiative to Legislative Council Staff is the first step. Proposals then must be vetted by the state’s Title Board. Then, proponents must gather some 125,000 voter signatures to make the ballot.
Union supporters rally on the west steps of the Colorado Capitol on Wednesday, March 19, 2025, in support of the passage of Senate Bill 5. (Jesse Paul, The Colorado Sun)Making the ballot typically costs about $2 million.
There are other labor measures being pursued for the 2026 ballot.
Jon Caldara, who leads the libertarian Independence Institute, is behind a proposal that would make Colorado a right-to-work state. The measure would amend the state constitution to prohibit employees from being forced to pay collective bargaining representation fees if they aren’t in a union. It was a direct response to the Labor Peace Act repeal effort.
Getting a measure on the ballot that amends the state constitution is more difficult.
Proponents must still gather some 125,000 voter signatures, but those signatures must include at least 2% of the registered voters in each of the state’s 35 state Senate districts. The measure would then require at least 55% of the vote to pass.
This is a developing story that will be updated.
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