Where Colorado Government Employees Stand Now
Colorado is not a Right-to-Work state. Employees of state and local government cannot be required to join a union, though in some cases they may be obligated to pay fees for union representation. Under the Abood (1977) and Hudson (1986) decisions by the U.S. Supreme Court, public employees do have certain recognized rights. Workers who choose not to join a union cannot be charged more than their share of proven costs for collective bargaining, grievances, and contract administration. Objectors are entitled to obtain a refund, though the process often entails costs and delays for legal appeals.
On June 14, 2007, the U.S. Supreme Court ruled in Davenport v Washington Education Association that states may enact extra protections for government workers beyond the opt-out refund process provided in Abood and Hudson. Some states require unions to get permission before spending workers' money on political causes. Some states limit the use of government payroll systems.
The Davenport decision recognizes Colorado's right to adopt a policy that gives government workers greater control of how their money is spent. Several Colorado teachers shared their views on unions and the Davenport case in an online video filmed in December 2006.
Public School Teachers
Public school teachers in Colorado do not have to join or to pay fees to a union, except
for 5 school districts that require teachers to opt out during a brief window
of time each year. All members of the Colorado Education Association and American
Federation of Teachers Local 858 automatically contribute to the political
activities of their organization, but refunds are available. Learn more at
the Independent Minded
Teacher website.
How Do Unions Spend
Money on Political Campaigns?
Campaign reports
show
the unions' one-sided political giving in
Colorado during the 2006 election. The Center for Union Facts also
has set up a user-friendly information page to
show how unions nationally report
spending member dues and non-member agency fees.
Read More:
- National Right to Work: Legal rights for state or local government employees
- National Right to Work: How do I get rid of the union fee requirement in my workplace?
- Abood v Detroit Board of Education, 431 U.S. 209 (1977)
- Chicago Teachers Union v Hudson, 475 U.S. 292 (1986)
- Teachers-vs-Union: Information on the Davenport case
- Union Facts: How do I learn more about unions in Colorado?
- Independence Institute publications on union issues
© 2007 Independence Institute
The information on these pages is published for educational purposes only, and not to advocate for the passage or defeat of any ballot measure.