37BABA897157E403872587CA005F1D81 Hearing Summary

Jeffrey Ruebel, practicing attorney and member of Colorado Defense Lawyers Association and the Legal Advisory Board of the Colorado Civil Justice League, testified that neither of these organizations have taken a position on the act, but question whether the act is needed in Colorado. Colorado has had law that covers much of the substance of this act since 1905, and much of the case law interpreting it covers much of the material included in the act. The legislature has amended portions of the existing statutes to adapt and to balance the right-to-work with the needs of businesses and others to protect intellectual property. The uniform act would require repealing certain statutes and case law, such as in section 8-2-113, C.R.S. Such a repeal may spawn uncertainty and lead to litigation. There is much overlap between current law and the uniform act, and while there are some provisions in the act to consider for Colorado, there are some provisions to avoid.

Commissioner Tipper asked for confirmation that the motion at the December meeting included the authorization to introduce the act. The commission confirmed that the act was approved for introduction at that meeting, and that, for the record, Commissioner Gardner, was a no vote on that motion. The commission thanked Mr. Ruebel for his testimony.