Colorado Right To Work Laws

“Right-to-work” refers to the right of an employee to refuse to join a union as a condition of employment. Right-to-work laws prohibit employers and unions from requiring employees to pay union dues or agency fees as a condition of employment.

Most non-right-to-work states allow union security agreements within collective bargaining agreements. Under the Colorado Labor Peace Act (LPA), union security agreements are permitted only if workers approve them in a separate, second election by a supermajority vote. Without this approval, employees in a unionized workplace cannot be compelled to join the union or pay dues. With it, all employees in the bargaining unit can be required to pay dues or agency fees as a condition of employment.

If you work at a unionized workplace or are considering organizing a labor union, understanding your rights under state and federal law is essential. This article focuses on the right-to-work landscape in the state of Colorado as it relates to private-sector employment. Public-sector employee rights fall under a different legal framework.

Note: Colorado‘s law in this area is currently subject to active legislative and ballot debate.

Right-to-Work vs. At-Will Employment

Although the concepts sound similar, “right to work” is different from “at-will employment.” For Colorado workers, it’s important to understand the difference.

• Right-to-work status has to do with union dues and whether your employer can force you to join a union. Colorado is not a traditional right-to-work state. Private-sector employers can require employees to pay union dues or agency fees only if a union has won both a unionization election and a second all-union agreement election by a 75% supermajority

• At-will employment status is about employment termination rules. Colorado is an at-will employment state. This means employees can quit or resign for any reason, and their employer can fire them for any lawful reason. Colorado law prohibits terminations that violate anti-discrimination statutes, wage laws, or whistleblower protections. Like its second-election requirement, Colorado’s at-will status is volatile—a ballot initiative on the November 2026 election would require “just cause” for terminations if approved.

If you’re covered by a CBA, the terms related to job security and discipline may override your at-will employment status. A CBA may provide you with progressive discipline and “just cause” protections that aren’t available to at-will employees.

Union Security Agreements

At issue in the right-to-work context is whether a union security agreement provision is included in the collective bargaining agreement(CBA). A union security agreement requires workers in a unionized private-sector workplace to pay money to the union as a condition of employment.

The National Labor Relations Act (NLRA) allows union security agreements, but states may ban them through state law. States that ban union security agreements entirely are known as “right-to-work” states. Colorado is not a right-to-work state, but its Labor Peace Act sets a higher bar for union security than other non-right-to-work states.

Collective Bargaining Agreements

The CBA is the agreement negotiated between the union and the employer that sets the terms and conditions of employment for the workers in the bargaining unit. It typically includes union protections for the bargaining unit, such as:

• Wage rates

• Meal breaks and rest periods

• Overtime pay

• Vacation time

• Paid sick leave and other time off

• Workday and workweek schedules

• Occupational safety and health

• Work environment

• Job security and discipline

• Health insurance and other benefits

• Grievance and arbitration procedures

All workers within the bargaining unit (both union members and non-members) benefit from the terms the union negotiates on their behalf. If employees do not approve a union security agreement through Colorado‘s required second election, non-union members receive the negotiated protections without being required to financially support the union.

Note that some of these protections—including minimum wage, overtime, and breaks—are already guaranteed under Colorado employment law. The CBA may improve on these state-mandated minimums, but cannot offer less. For example, it could set a pay rate higher than the Colorado minimum wage, but not lower.

Does Colorado Have Right-To-Work Laws?

Colorado does not have a right-to-work law, at least not one similar to those of other states. Instead, the state operates a hybrid policy under the Labor Peace Act. Under this act, employees at most workplaces are not required to join a union or pay dues, even though they enjoy the same compensation and benefits as union members. These workers are sometimes referred to as “free riders.” By not joining the union, however, workers are not covered by union protections.

Non-members are still entitled to union representation in workplace disputes under the CBA, but may not have access to certain member-only union benefits such as strike funds or union-sponsored legal assistance programs unrelated to CBA enforcement.

Colorado law allows workers to authorize mandatory dues payments by approving an all-union agreement through a second election. This is achieved through a 75 percent employee approval vote. The Colorado Department of Labor, through its Division of Labor Standards and Statistics, administers this second election process.

Colorado’s Unique Two-Election Process

The 50 United States are close to evenly split between right-to-work and non-right-to-work states. As discussed above, Colorado takes a unique hybrid approach.

• First Election on Unionization: Under Colorado law, a simple majority of employees voting must approve union representation, as required in all states under the NLRA. Once a union wins this election, it becomes the exclusive bargaining representative—but it cannot yet require non-members to pay dues.

• Second Election on Union Security (Union Shop): After winning the first election, a union may petition for a second, separate election to authorize an all-union agreement. This requires all employees to pay dues or fees. This second election requires a supermajority, meaning at least 75% of the employees actually voting (or a majority of all eligible voters) must vote yes. A union shop agreement means all employees in the bargaining unit may be required to pay union dues or fees as a condition of employment.

• Second Election on Union Security (Agency Shop): A union may also petition for a second election specifically to authorize an agency shop arrangement, rather than a full union shop. Agency shop employees aren’t required to join the union. A union represents both union members and nonmembers in negotiations with the employer, so nonmembers must pay their fair share. This is known as agency fees. Agency fees cover the union’s bargaining work on their behalf, but not other union activities such as political activity or government lobbying.

• Second Election on Union Security Fails (Open Shop): There is no union security of any kind. In an open shop, non-member employees receive CBA benefits without paying anything.

• Dues Checkoff: Under a dues checkoff provision, the employer automatically deducts union dues or agency fees from each employee’s paycheck and sends them directly to the union. This provision can apply to a union shop or to an agency shop. In Colorado, a dues checkoff provision may be included in the CBA, but its enforceability depends on whether a valid all-union agreement is in place. The employee must provide written authorization for the paycheck deduction.

Colorado’s second-election requirement is somewhat volatile. The legislature has twice passed legislation to repeal Colorado’s second-election requirement. But the governor vetoed it both times.

Private Sector vs. Public Sector

Colorado employers must follow different labor laws depending on whether they are considered public or private sector.

Private-Sector Employees

Most private-sector employees are covered by the NLRA, which is administered by the National Labor Relations Board (NLRB). Colorado’s Labor Peace Act runs parallel to the NLRA, covering private-sector employers. The LPA is the exclusive authority for private-sector employees outside the NLRA’s jurisdiction, such as agricultural workers and employees of very small businesses below the NLRB’s jurisdictional threshold.

The LPA mandates a second election to authorize a union security agreement for mandatory union dues—even in private-sector employment covered by federal law.

Colorado‘s hybrid right-to-work status only applies to private-sector employees. This is because of the 2018 United States Supreme Court case, Janus v. AFSCME. This Supreme Court decision effectively made all public-sector employees “right-to-work” employees regardless of their state’s status. Public-sector employees, including those in Colorado, cannot be required to join a union or to pay union dues or agency fees.

Public-Sector Employees

A public-sector employer is any state or local governmental entity. This includes state, county, and city agencies as well as public school districts, public universities, and special districts. Even though Colorado is not a right-to-work state, you do not have to pay union dues or agency fees if you are a public-sector employee.

Colorado public-sector labor relations are also governed by separate statutes, including the Colorado Labor Peace Act (but not its union security provisions, which are unenforceable in the public sector under the Janus decision) for some state employees and the State Personnel System Act. Local government employees may be governed by local charters or separate collective bargaining ordinances.

Get Legal Help to Protect Your Rights

Colorado workers are protected by strong state labor laws. Under the Colorado Labor Peace Act, you may only be required to pay union dues or agency fees if your employer is covered by a valid all-union agreement approved by a 75% supermajority in a second election. If no such agreement is in place, you cannot be required to pay dues even if your workplace is unionized.

When it comes to any payroll deductions for dues and fees, you have specific rights. If you have questions about your employment rights—or want to explore organizing a labor union at your workplace—talk to a Colorado labor law attorney. Many attorneys offer a free initial consultation. As discussed, Colorado‘s labor laws in this area are evolving, so it is important to consult an attorney for the most up-to-date guidance.