For the second year in a row, a bill that would make it easier for labor organizations to impose fees on all workers, regardless of union membership, is headed for Gov. Jared Polis’ desk.

The governor, who vetoed the legislation last year, has indicated he would do so again — unless business representatives and labor organizations reach an agreement.

The state legislation does not deal with unionization per se, which is government by federal laws. Those laws dictate that a simple majority of workers must vote in favor of union formation.

What sets Colorado’s 80 year-plus labor law apart from other states is the requirement for a second election to permit the establishment of a union “security agreement” in a unionized workplace. Under such an agreement, all workers will pay union dues, whether or not they are union members.

That election requires a higher threshold of 75% to pass. House Bill 1005 would repeal that second election requirement.

The legislation passed through both chambers last session, and Polis vetoed it, citing worries about mandatory dues deductions and the lack of compromise between labor and business interests.

Business and labor have been divided on the measure since it was introduced last year. At the time, the governor told both groups he would not sign the measure into law unless they could reach a compromise. As the end of session loomed, the governor pushed for a deal — to no avail.

“At its core, this is about who has a say in whether union dues are deducted from employee paychecks,” he had said in his veto statement. “Mandatory dues deduction should require a high bar of both participation and support, particularly at a time when hardworking Coloradans are concerned about the cost of groceries, the economy, and their job security.”

Democrats argued the change would strengthen workers’ ability to organize and negotiate higher wages, while Republicans countered that eliminating the second vote would force employees to pay union representation fees without sufficient consent.

House Bill 1005 passed through a 42-22 party-line vote in the House, where it was sponsored by Rep. Javier Mabrey, D-Denver, and Assistant Majority Leader Jennifer Bacon, D-Denver.

On the Senate floor, sponsor Sen. Jessie Danielson, D-Wheat Ridge, described the current law — called the Labor Peace Act — “creative union-busting, but union-busting all the same.”

Workers trying to form a union face harassment, retaliation, punishment, and firings in the weeks leading up to their election, Danielson said. That harassment magnifies when there are two required elections, the Democrat said.

“Colorado workers power the state, and yet the state has a burdensome, bureaucratic barrier to accessing the power of a union,” she told her colleagues. “It is high time that we break down that barrier for workers who wish to join a union.”

Sen. Iman Jodeh, D-Aurora, who is sponsoring the bill alongside Danielson, said union membership allows workers to negotiate for better pay and a safer workplace.

“This is how we can keep the American dream alive for hundreds of thousands of Colorado workers,” she said. “Let’s make sure the people who keep Colorado running can afford to live here, raise a family, and build a secure future.”

Opponents of the measure argue it will make Colorado a less attractive state for businesses. Business organizations have also claimed that the proponents’ framing of the legislation is misleading — since the legislation does not actually deal with workers’ ability to form a union.

Sen. John Carson, R-Highlands Ranch, said 98 companies have recently left the state or decided not to relocate to Colorado, and their decisions have cost the state about 13,000 lost jobs.

“I think it’s pretty clear that Colorado is becoming a less desirable state for companies to move to and to remain in and create jobs,” Carson said. “The entrepreneurial spirit that we have had in this state as a great western state for many decades, I think, quite frankly, is fading, and a lot of people are realizing that.”

“They’re asking themselves whether Colorado is the best place to keep their business and create jobs and opportunities,” Carson said. “Why do we want to upset a system that’s worked quite well for our state historically?”

Eliminating the second election requirement would disproportionately impact small businesses, argued Sen. Lisa Frizell, R-Castle Rock. Those businesses will have to choose between closing their doors or increasing their prices, she said.

“Our cost of living is one of the highest in the country, so we’re gonna make it worse?” she asked. “Is that what we want to do?”

Frizell introduced an amendment that would allow employees to refuse union representation and be exempt from paying any dues or fees.

Danielson said that would be illegal, arguing federal law requires all workers to pay into a union regardless of membership, citing the point labor organizations have raised — that unions, once established, are legally required to represent all employees.

The bill was debated on third reading on May 1, which is International Workers’ Day.

Sen. Julie Gonzales, D-Denver, called the two election requirement “Orwellian.”

While it is clear that Polis had “made his preference known,” Gonzales expressed hope that the next governor would sign the bill into law when they take office next session.

The bill passed on a 23-12 party-line vote.