A burst of ski union activity could be further emboldened as Colorado Democrats seek to reshape state labor law
Ski area employees see a new era for union support amid Democrats’ attempts to overturn an 81-year-old law that they say is a roadblock for organized labor efforts
Anna Stonehouse/Aspen Times file photo
At a time when public support for labor unions is rising by some accounts, few industries in Colorado have been as vaulted into the spotlight as ski resorts.
Riding the wave of a nearly two-week-long strike in Park City, Utah, patrollers at Arapahoe Basin Ski Area kicked off the year by forming Colorado’s newest ski union while lift mechanics at Crested Butte threatened to walk off the job over pay.
“Public opinions, especially right now in Colorado, are definitely moving much more in favor towards unionizing than not,” said Ben DeSutter, an A-Basin ski patroller and union member. “In ski communities, especially, the cost of living has far outpaced wage growth in almost every job.”
The increased union activity coincides with a push by state Democrats to overturn an 81-year-old labor law that they say acts as a major roadblock to workers’ unionization efforts.
Senate Bill 5 — dubbed the Worker Protection Act — would remove a requirement for workplaces to hold a second election before unions can negotiate fees from all employees in what is known as union security.
The fees help unions pay for efforts like wage negotiation and legal filings over unfair labor practices. Under union security, non-union members pay a portion of their paycheck to fund these types of practices but aren’t compelled to pay full union dues.
While workers only need to secure a simple majority vote to unionize under federal law, Colorado is the only state in the country that requires a second election with 75% approval before union security talks can happen.
Ski area employees say abolishing the requirement would further embolden workers to organize.
“I think that if the state legislature is taking steps to show that they’re willing to support unions and make Colorado a more union-friendly state, then I think it will encourage people to start the discussion of maybe forming a union for their own workplace, rather it be ski patrol, lift maintenance or any other jobs in the mountains or state as a whole,” DeSutter said.
Ski patrollers at A-Basin voted 30-22 to unionize in January, with 57% of patrollers in favor of the effort. DeSutter said the union still needs to solidify a bargaining committee that will meet with representatives for A-Basin, now owned by Alterra Mountain Co., before holding a vote on union security.
With three-quarters of patrollers needing to vote in favor of union security to pass, DeSutter said he’s unsure what will happen if and when the union brings it up. He called union security “necessary for our union’s success.”
Labor advocates say union security bolsters a union’s financial stability and bargaining power. But opponents of Democrats’ bill argue the requirement for a second vote protects non-union workers from paying fees they otherwise wouldn’t.
Business industry representatives who testified on the bill during a January hearing said current state law gives their employees multiple opportunities to weigh in before they have to pay into a union.
Colorado Ski Country USA, a trade association representing 21 ski areas in the state, said in a statement that it opposes the bill for “one simple reason.”
“When workers in a close vote choose to form a union, we don’t think the workers who vote ‘no’ on union formation should have to have union fees or dues deducted from their paychecks,” the group said in an email statement.
The trade association represents multiple non-Vail Resorts properties, including A-Basin, Winter Park Ski Resort, Steamboat Ski Resort and the Aspen mountains, alongside smaller ski areas like Ski Cooper. It has several lobbyists formally opposing the bill, according to information from the Colorado Secretary of State’s Office.
Kevin Fischer, a five-year Steamboat ski patrol union member, pushed back on the argument that union security reduces workers’ pay. He said a stronger union can secure better contracts for all employees, even those who aren’t union members.
While the Steamboat union has made inroads with resort management, securing overtime pay and higher wages, “we really need to significantly address issues like workforce housing, health care benefits and wage compression for senior tenured patrollers,” Fischer said.
Under federal law, a union must represent and advocate for every employee whether they belong to a union or not. Fischer said union security creates full buy-in from workers and helps make for a more unified front during negotiations.
“When the union has to represent or fight for something, everybody feels like they’re contributing equally,” Fischer said. “A more organized group makes it so that we can be heard.”
Steamboat patrollers first unionized in 1999 before disbanding and then joining the Communications Workers of America — a national union group — along with other ski resorts.
Patrollers haven’t yet held an election on union security, but Fischer believes a vote may happen by next ski season. The union currently has more than 90% membership across more than 50 patrollers.
Vail Resorts, the state’s other ski industry giant, has not taken a public position on the Worker Protection Act. It has no lobbyists actively working on the measure, according to the Secretary of State’s website.
Breckenridge and Keystone spokesperson Sara Lococo said in an email that Vail Resorts is “aware of the legislation but (is) focused on ongoing union negotiations at this time.”
Vail Resorts has been locked in contract discussions with Keystone’s ski patrol union since last fall, with patrollers holding a walk-in protest over the company’s counter offers and filing a claim with the National Labor Relations Board over allegations that resort leadership had been negotiating in bad faith.
This week, both parties announced a tentative agreement which the union plans to vote on this Saturday.
Keystone’s union formed in the spring of 2024, three years after neighboring Breckenridge patrollers narrowly approved a union in a 43-42 vote. Outside of Crested Butte, employees at Vail Resorts’ two other properties — Vail Mountain and Beaver Creek Resort — are not unionized despite past attempts.
The Worker Protection Act passed the state Senate Tuesday in a 22-12 vote along party lines, with Democrats in support and Republicans opposed. It now heads to the House where it is expected to see broad support from Democrats, who hold a 43-22 majority in the chamber.
But the bill’s ultimate fate is uncertain amid reservations from Gov. Jared Polis, who has called on lawmakers to work out a deal that appeases business groups. Polis last session vetoed several labor-related bills passed by Democrats.
A spokesperson from the governor’s office said in an email statement that Polis “remains open to a solution that ensures that workers have a say in whether or not there can be a negotiation for mandatory dues deductions from all employees’ paychecks, and he is still encouraging labor and business to try to find a stable negotiated compromise.”
Fischer said passing the bill would send an important message about worker rights in Colorado.
“Having the state behind the union, that just brings an extra level of power and authority to the union when we’re at the negotiating table,” he said.
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