Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

S.B. 13-025 Concerning Collective Bargaining By Firefighters Sen. Tochtrop & Rep. Williams Staff Name: Amanda Levin What the Bill Does: The law as it currently stands does not provide firefighters with the right to collective bargaining or employee organizations. It is up to the local governments to approve or disapprove them. This bill creates the Firefighter Collective Bargaining Act. It provides firefighters with the right to organize or join an employee organization and to engage in collective bargaining. It also grants firefighters the right to sue to enforce the provisions of this bill. Colorado Context: Under current law, firefighters must ask their local governments to approve collective bargaining rights.1 There are 40 local chapters of International Association of Fire Fighters across Colorado.2 National Context: There are approximately 30 states that allow firefighters to unionize.3 While the national trend is beginning to shift towards limiting collective bargaining rights, firefighters are sometimes exempt from such limitations.4 Bill Provisions: Grants all (non voluntary) firefighters the right to collectively bargain without a local government approving it. Allows firefighters to recognize or elect an exclusive representative. A fire department and its exclusive representative have to bargain collectively in good faith. In the case of an impasse, the bill requires parties to allow an arbitration organization to appoint an advisory fact finder to hold a hearing on unresolved issues and make recommendations. The cost for the fact finder is shared between the parties. If either party rejects the recommendations, the final offers of the parties on the unresolved issues will be submitted to the voters of the political
1

Steamboat Today, Scott Franz, Steamboat City Council opposes bill that would give local firefighters collective bargaining rights, Feb. 17, 2013, http://www.steamboattoday.com/news/2013/feb/17/steamboat-springs-citycouncil-opposes-bill-would-/. 2 Colorado Professional Fire Fighters, http://www.cpff.org/. 3 Colorado Professional Fire Fighters, The Truth about Senate Bill 25, Jan. 30, 2013, http://www.cpff.org/?zone=/unionactive/view_article.cfm&HomeID=270360. 4 American Bar Association, Michael Hanna & Kathleen Portman, Public Sector Bargaining: Moving Towards an Uncertain Future, Vol. 35. No. 4, Summer 2012, http://www.americanbar.org/publications/state_local_law_news/2011_12/summer_2012/public_sector_bargaini ng.html.

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

subdivision of the public employer at a special election. The cost of the special election must be borne by whichever party refused to accept the recommendation or shared if they both refuse. Prohibits firefighters from striking. Provides protection for existing bargaining relationships. Grants firefighters or an employee organization the right to sue to enforce the provisions of the bill.

Fiscal Impact: The Colorado Legislative Council cannot estimate the fiscal impact because it does not know how many unions will be formed, which could impact costs for public employers to the extent that collective bargaining agreements result in higher employee compensation. However, there will no impact as a result of negotiations or arbitration, because they are paid for by the parties.

DRAFT 3/5/2013 1:19 PM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.