By Rob Reuteman

Rocky Mountain News Columnist

2/3/07

     The pro-union bill sailing through the state legislature to Gov. Bill Ritter's desk for certain signage is especially bothersome for a couple of reasons. For one, it seems like a solution in search of a problem

      I don't know about you, but no one at my light-rail stop has been talking about how difficult it is for unions to collect dues in Colorado.

      Education, transportation, immigration, economic development - these are the problems that top the list of problems facing Coloradans. These are the problems that dominate serious conversation among the state's problem-solvers, elected or self-appointed. Problems facing unions weren't mentioned in the Colorado Promise, the template for Ritter's stewardship. No mention of budding conflict between employers and employees in the 51-page document that I could find.

      Yet the honeymoon is over between Ritter and a business community that was arguably more influential in his election than was labor, which will reap the first benefit. It's unfortunate for the new governor that House Bill 1072 is among the first few things on his plate. It wasn't particularly his doing, but to listen to some hot-and-bothered business leaders, you'd think it is the beginning of his undoing.

      In simple terms, HB 1072 would repeal sections of the Colorado Labor Peace Act, a 64-year-old piece of legislation that gives Colorado unique status among states. What's unique is its requirement that after a union authorization vote, a second, secret-ballot vote must be taken before an "all-union" workplace is established. In an all-union workplace, employees are required to pay union dues and become a voting member - or they can pay the costs of representation and not become members.

      Only in Colorado can workers vote separately and solely on whether their workplace is a "union shop," where everyone must pay the costs of representation. The second, secret ballot must pass by more than 50 percent of eligible voters or 75 percent of votes cast, whichever is higher.

      HB 1072 would do away with that second election, do away with the mandated secret ballot.

      "No one is compelled to join a union, ever, but if you benefit from the contract, you have to pay the dues," said the bill's sponsor, Rep. Mike Garcia, D-Aurora. "I'm not for free riding. If you get a benefit, you have to pay for it."

      Business leaders argue that the Labor Peace Act is actually a balancing act among the 22 "right-to-work" states, where no employee can be forced to pay a union for the costs of representation, and 27 states where labor unions are free to negotiate contracts that demand just that.

      As such, pro-business forces think Colorado will be at a competitive disadvantage with potential new employers. According to a communique sent Thursday by the Metro Denver Chamber of Commerce: "Our neighbors - including Arizona, Wyoming, Utah, Nebraska, Nevada and Texas - are right-to-work states, where an employee cannot be compelled to join a union or pay dues. Prospective employers looking to move or expand their operations will pass over Colorado in favor of right-to-work states."

      Why exactly are we having this argument now? We face more substantial problems that require bipartisan solutions. This issue is as divisive as it is unnecessary. In the past week, I have spoken with two former Cabinet members of our last Democratic governor, Roy Romer. Both agreed Romer would have called in labor leaders and told them something like this: "Boys, the timing is all wrong on this. It is obscuring more important things, and that is why I'm going to veto it. Bring it back next year and we'll see."

      But the first former Cabinet member was quick to assure me, "That's not going to happen with this. It's going through." No one I've talked to this week thinks otherwise.

      As Preston Oade, an attorney with Holmes, Roberts & Owens, told me Thursday, "The Labor Peace Act has worked in Colorado for 63 years. What is the argument to repeal it? Power politics should not be allowed to prevail over 63 years of history, tradition and sound public policy."