Colorado Labor Peace Act
The Labor Peace Act authorizes the Colorado Division of Labor Standards and Statistics to establish standards of fair conduct in employment relations in order to protect the rights of the public, the employee, and the employer and to oversee collective bargaining unit elections.
- Labor Peace Act
- Labor Peace and Industrial Relations (LPIR) Rules
- Introduction and Instructions for Labor Peace Act Petitions
Unfair Labor Practices
The Colorado Labor Peace Act § 8-3-108 defines what are unfair labor practices. Complaints alleging an unfair labor practice shall be made on the form provided by the Division and shall be made within six months from the date of the specific act or alleged unfair labor practice.
Introduction and Instructions to Labor Peace Act Petitions and Elections
All-Union Agreement (AUA) Petitions
There are five different petitions concerning elections conducted pursuant to the Colorado Labor Peace Act § 8-3-108. Each petition relates to a different party that may be requesting the election concerning the authorization or revocation of an All-Union Agreement (AUA). These petitions must be filed with the Division of Labor Standards and Statistics, Colorado Department of Labor and Employment in duplicate with original signatures each recognized by a notary public. If the petition is filed by the employees, there need not be a duplicate list of the signatories.
- Petitions for AUA election authorization
- Petitions for the revocation of an AUA agreement
Collective Bargaining Unit (CBU) Petitions
There are five separate petitions concerning elections conducted pursuant to the Colorado Labor Peace Act § 8-3-107 regarding the selection and/or continuance of a Collective Bargaining Unit (CBU). Again, each petition relates to a specific party that may submit a petition. As with the previous noted petitions, these should be filed with the Division of Labor Standards and Statistics in duplicate with original signatures. As previously stated all petitions submitted must be certified by a notary public.
- Petitions for the recognition of a CBU
- Petitions for decertification of a CBU
Colorado Partnership for Quality Jobs and Service Act (Colorado State Employees ONLY)
Under the Colorado Partnership for Quality Jobs and Services Act (“Act”) (C.R.S. § 24-50-1101 et seq.), a complaint alleging unfair labor practices may be filed with the Division of Labor Standards and Statistics (“Division”). Complaints about union-related activity or interference with concerted activities are covered "unfair labor practices." Charges may be filed by covered employees, an employee organization, or the state of Colorado. Although other employment-related actions may be viewed as unfair, they do not fall within the Division’s jurisdiction.
Under the Colorado Partnership for Quality Jobs and Services Act (“Act”) (C.R.S. § 24-50-1101 et seq.), a certified employee organization or the state may file a petition with the State Personnel Director to resolve disputes about whether certain employees are appropriately classified as covered employees. Appeals of the State Personnel Director’s decision shall be brought to the Division of Labor Standards and Statistics for adjudication pursuant to the State Labor Relations Rules, 7 CCR 1103-12.
County Employee Collective Bargaining
Under the Collective Bargaining by County Employees Act, (“COBCA”), C.R.S. § 8-3.3-101 et seq., enacted on May 27, 2022, employees of covered counties may engage in (or refrain from) protected, concerted activity for organizing and addressing employment conditions/issues and may choose an exclusive representative for collective bargaining with the county. The Division of Labor Standards and Statistics (“Division”) is tasked with designating the appropriate bargaining unit (absent agreement by the parties) and conducting secret ballot elections to select and certify (or decertify) exclusive representatives. C.R.S. §§ 8-3.3-108—109 and COBCA Rule 4 outline the process for selecting an exclusive representative beginning with the filing of a Collective Bargaining Unit petition supported by a “showing of interest” of at least 30% of the employees in the proposed bargaining unit. In order to prevail in an election, an employee organization must receive more than 50% of the valid ballots cast to be selected as the exclusive representative.
Additionally, under the Collective Bargaining by County Employees Act, (“COBCA”), C.R.S. § 8-3.3-101 et seq., a complaint alleging unfair labor practices may be filed with the Division by an employee, a covered county, or an employee organization or exclusive representative. C.R.S. § 8-3.3-115 states the specific unfair labor practices that are prohibited, and generally includes failure to comply with any of the requirements stated in the statute. Complaints about unlawful union-related activity or retaliation for or interference with protected, concerted activities are covered unfair labor practices. COBCA Rule 5 outlines the process for filing an unfair labor practice complaint with the Division, as well as the procedures for investigation, determination, and remedies in the event of a violation.
Under the Collective Bargaining by County Employees Act, ("COBCA"),C.R.S. § 8-3.3-101 et seq., the Division of Labor Standards & Statistics will post all certifications (or decertifications) of employee organizations as exclusive representatives of county employees, as well as all related hearing officer decisions and orders, and written decisions and final judgments of fact finders. Future postings will continue to be added after finalization of election results and decisions as soon as feasible. (Note: Past decisions may not reflect subsequent changes in statute, regulation, or policy.)
| Employer | Bargaining Unit | Employee Organization | Certification Type | Date | Decision/ Order |
|---|---|---|---|---|---|
Arapahoe County | All full time and regular part-time sworn certified and non-certified deputies employed by Arapahoe County and the Arapahoe County Sheriff’s Office below the rank of Lieutenant, and all communications employees employed by Arapahoe County and the Arapahoe County Sheriffs Office below the position of Communications Manager; excluding the Sheriff, Undersheriff, Bureau Chiefs, Captains, and Lieutenants employed by Arapahoe County and the Arapahoe County Sheriffs Office and any other civilian employees of Arapahoe County and the Arapahoe County Sheriffs Office not included in the unit and all executive, managerial, confidential, and temporary employees as defined in "COBCA".
| Fraternal Order of Police Lodge #31 | Certification of Election Results: Employee Organization Certified as Exclusive Representative | 9/5/2023 | Certificate No. 187 |
Boulder County | All deputy sheriffs of the rank of sergeant and below employed by Boulder County and the Boulder County Sheriff's Office | Fraternal Order of Police, Lodge #65 | Certification of Election Results: Employee Organization Certified as Exclusive Representative | 11/20/2023 | Certificate No. 192 |
Jefferson County & Jefferson County Public Library | All full-time, part-time, temporary, benefited, and non-benefited staff that work or are scheduled to work 90 days in a 365-day period for Jefferson County Public Library: Accounting Technician, Catlg & Collections Assoc., Community Engagement Coordinator, Contract Coordinator, County Technician Nbe, Creative Technician, Data Analyst, Dbm R&P Collections Assoc. Ld, Dbm R&P Collections Asst., Digital Experience Assoc., Graphics Design Specialist, Graphics Technician, Ill Acquisition Assoc., Ill Acquisition Assoc. Ld, Librarian, Librarian Pt., Network Administrator Sr., Operations Page, Page, Page Nbe, Patron Experience Assoc. Sub Nbe, Public Affairs Assoc., Public Services Assoc. (Lib), Public Services Asst. (Lib), Public Services Coordinator (Lib), Purchasing Agent, Social Caseworker Iv, Software Systems Administrator, System Administrator Sr., Systems Administrator, Technical Support Technician Sr., Technical Support Technician, Volunteer Services Coordinator (Lib). County Support Services NBE, Database Administrator, Kids & Families Core Service Asst. (Lib), Maintenance Aide (Lib), Maintenance Electrical Technician, Maintenance Technician, Facilities Shop Coordinator, Trainer I, Trainer II, Trainer III, and Web Content Coordinator. | American Federation of State County and Municipal Employees (AFSCME) | Certification of Election Results: Employee Organization Certified as Exclusive Representative | 3/08/2024 | Certificate No. 198 |
La Plata County & La Plata County Sheriff’s Office | All certified and non-certified Sheriff's Deputies of the rank of sergeant and below, all administrative assistants, evidence custodians, and civilian investigators employed by La Plata County and the La Plata County Sheriff's Office. | Fraternal Order of Police, Lodge #8 | Certification of Election Results: Employee Organization Certified as Exclusive Representative | 3/20/2024 | Certificate No. 199 |
Las Animas County | All Courthouse Security Officers, Detention Officers, Deputies, Detention Corporals, Detention Sergeants, Sergeants, Administrative Assistants and Kitchen Personnel employed by Las Animas County and the Las Animas County Sheriff's Office | Fraternal Order of Police, Lodge #51 | Certification of Election Results: Employee Organization Certified as Exclusive Representative | 10/27/2023 | Certificate No. 189 |
Pueblo County | All Law Enforcement and Detention Lieutenants, Sergeants, and Deputies. All employees in the Emergency Services Divisions. | International Brotherhood of Police Officers | Certification of Election Results: Employee Organization Certified as Exclusive Representative | 12/14/2023 | Certificate No.193 |
References
- INFO #15A: Labor Relations Rules and Procedures Under Colorado State Law
- INFO #15B: The Collective Bargaining by County Employees Act ("COBCA")
- INFO #15C: The Protections for Public Workers Act (PROPWA, S.B. 23-111)
Should you have any questions please contact the Division of Labor Standards and Statistics at 303-318-8060.
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