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Review hearing examines proposed Colorado initiative to bar mandatory union affiliation and dues deductions

2555265 · March 11, 2025
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Summary

Adam Almslato, legislative council staff, opened a March 11, 2025, review-and-comment hearing on proposed initiative measure 2025–2026 No. 39, which seeks to prevent employers from requiring workers to join or financially support labor organizations and to prohibit employers from deducting union dues.

Adam Almslato, legislative council staff, opened a March 11, 2025, review-and-comment hearing on proposed initiative measure 2025–2026 No. 39, which seeks to prevent employers from requiring workers to join or financially support labor organizations and to prohibit employers from deducting union dues.

The initiative, as described at the hearing, would: (1) include part-time and seasonal employees as persons who cannot be required, as a condition of employment or continued employment, to (a) affiliate with or give financial support to a labor organization or its affiliate, (b) become or remain a member of a labor organization, or (c) pay dues or a payment in lieu of dues to a labor organization or its affiliate; and (2) prohibit the deduction of union dues or other payments from an employee's wages. Adam Almslato said the meeting was "informal and conversational in nature" as staff reviewed a memorandum of substantive comments.

Proponents John Caldera and Nash Herman attended and confirmed that the description in the memorandum aligned with their intent. Legislative legal staff asked a number of clarifying questions, including whether the term "employee" should be defined within the initiative text. Office of Legislative Legal Services staff noted that the Colorado Revised Statutes contain numerous, varying statutory definitions of "employee," and asked whether the drafters intended a broad or narrower definition. A proponent responded that they intended to define "employee" broadly and acknowledged that courts ultimately may interpret the term.

No formal amendments or votes were recorded at the hearing. The review-and-comment process concluded with staff noting the session was complete and no further remarks were made on the record.

The hearing record identifies the proposal as Initiative Measure 2025–2026 No. 39; the memorandum reviewed by staff included substantive comments and suggested clarifying language. The record does not specify other implementation details such as enforcement mechanisms, penalties, or exact statutory cross-references beyond a general reference to definitions in the Colorado Revised Statutes.