DEPARTMENT OF LABOR AND EMPLOYMENT Division of Labor RULES OF PROCEDURE TO THE COLORADO LABOR PEACE ACT 7 CCR 1101-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. DEFINITIONS 1.1 “Executive Director” refers to the Director of the Department of Labor and Employment.

1.2 “Director” refers to the head of the Division of Labor or his designee, unless otherwise specified in these rules.

1.3 “Division” refers to the Colorado Division of Labor, created by § 24-1-121, C.R.S.

1.4 “Accretion” refers to the merging of two or more bargaining units into one unit by virtue of the involved employer and labor organization's agreement or by a certification by the National Labor Relations Board as one unit merged by reasons of accretion. The collective bargaining agreement and all its supplements of the unit absorbing the other units will be covered by the terms and conditions of such agreement.

1.5 “Mail” refers to first class mail, postage prepaid.

1.6 “Successor Agreements” means an agreement which succeeds the initial agreement between original parties, consisting of a labor organization recognized as the exclusive bargaining representative of the employees in a collective bargaining unit and their employer or successor employers. A successor agreement exists where the employer and labor organization negotiates or adopts a predecessor's agreement, or where there is a substantial continuity in the identity of the business, enterprise, work force, or bargaining relationship.

1.7 In computing any period of time prescribed or allowed by these rules, consistent with Rules 6(a) and 6(e) of the Colorado Rules of Civil Procedure, shall be calculated as set forth below: 1.7.A The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.

1.7.B The notice or paper is served upon him by mail, three days shall be added to the prescribed period.

2. NOTICE 2.1 Whenever notice is required to be given to employees by these Rules, notice shall mean the posting of required information at those places customarily used in and about the employer's premises for the posting of notices of information. If such places are not customarily used, posting shall be in such places and at such times as will reasonably give all affected employees the required notice.

2.2 In all employment situations where employees are engaged in their duties away from the employer's principal or permanent place of business, notice shall be given in writing by such methods as Code of Colorado Regulations 1 shall reasonably be calculated to apprise all employees of that notice. This shall include posting of the notice at remote sites, such as on constructions sites.

2.3 If posting in the manner set forth in sections A. and B. cannot reasonably be effectuated, the Director may order any other reasonable manner of giving notice, including mailing to each affected employee.

3. SERVICE 3.1 Except as otherwise provided by these rules, whenever service of a document is required by these rules, service shall be made by delivering a copy to the party or by mailing it to him at his address as listed in the files of the Division of Labor or at his last known address. If none is listed in the files of the Division of Labor, delivery of a copy within the meaning of this rule shall mean: handing it to the party; leaving it at his office with his clerk or other person in charge thereof; of if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed, or if the person to be served has no office, leaving it at his dwelling house or usual place of abode with some member of his family over the age of eighteen years then residing therein.

3.2 All documents shall be filed by either personal delivery or mail and shall be deemed filed upon receipt by the Division.

3.3 The originals of all pleadings and other documents shall be filed with the Division at the office of the Director.

3.4 A party may file a document with the Director by sending it via facsimile transmission to a facsimile number to the Director, providing however, that the Director shall be furnished the original document within five (5) working days of such facsimile transmission.

4. RATIFICATION AND CERTIFICATION OF ALL-UNION AGREEMENTS

4.1 RATIFICATION AND CERTIFICATION IN THE CONSTRUCTION INDUSTRY

4.1.A A request to certify that an agreement, entered into by an employer and a labor organization which is limited in its coverage to employees who, upon their employment subsequent to the entering into the agreement, will be engaged in the building and construction industry, and complies with the provisions of C.R.S. 1973, 8-3-104(1) and 8-3-109 shall 4.1.A(1) Attach a copy of the signed agreement, or, if such signed copy is not available, an unsigned copy shall be submitted with a notarized statement that the agreement has in fact been duly executed by the parties.

4.1.A(2) In the case of an agreement which invoices multi-employer groups or associations the request for certification shall include a list of the members of the group or association which have delegated their bargaining rights and/or the names of the employers who, although they have not delegated bargaining rights to a group or association, have individually signed such agreements, together with the addresses of such employers.

4.1.A(3) Any request for certification shall include a statement of authority by the party submitting the request establishing that he is acting in an official capacity on behalf of an employer, employee or employee organization, and includes his title, if any, relationship, and address. 4.1.A(4) The Director shall cause a copy of the document, indicating certification, be mailed to the requesting party as well as all employers who are listed as signatories to the agreement on the date that such certification is executed, and to all other parties of interest. The original of the Code of Colorado Regulations 2 document showing certification shall be retained on file as a public record in the offices of the Division of Labor.

4.1.A(5) In the event that the Director does not certify the agreement, he shall either give written notice to the signatory parties stating his reasons for not certifying said agreement, or set the matter for hearing prior to issuing such determination.

4.1.A(6) Within two weeks of the date of certification by the Director, the employer, or in the case of multi- employer associations, each member or signatory employer, shall post or give written notice to all of its employees covered by the certified all-union agreement, that the agreement has been ratified and certified pursuant to the provisions of the Labor Peace Act, and that those employees have the right to demand an election by filing a petition in accordance with 8-3-108(1) (c) (II) (D). The rights set forth in C.R.S. 8-3-108(1) (c) (II) (D) shall be stated explicitly in the notice. Proof of giving of this notice shall be filed with the Director within twenty (20) days after the date of certification by the Director of the all-union agreement.

5. ELECTIONS

5.1 TYPES OF ELECTIONS

Pursuant to these Rules there are four types of elections. They are: 5.1.A COLLECTIVE BARGAINING UNIT ELECTION.

This is an election to determine whether a labor organization shall be the representative of a group of employees of an employer or employers in a craft, division, department, plant or other subdivision. 5.1.B ELECTION FOR APPROVAL OF AN ALL-UNION AGREEMENT An election to authorize an all-union agreement.

5.1.C ELECTION TO APPROVE THE RATIFICATION OF AN ALL-UNION AGREEMENT. An election to approve the ratification of an all-union agreement between an employer or a multi-employer association and a labor organization. These elections may occur, if twenty (20) percent of the covered employees file a petition within forty five (45) days of the ratification requesting such election, or to the ratification of an all-union agreement in the construction industry. 5.1.D REVOCATION OF AN ALL UNION AGREEMENT ELECTION:

This is an election held to determine whether employees subject to an all-union agreement desire to revoke the authority of the employer and the labor organization to enter into an all-union agreement.

5.2 COLLECTIVE BARGAINING UNIT ELECTIONS:

5.2.A Petitions for the selection of a collective bargaining unit shall be filed with the Division of Labor on forms specified by the Division. Such petitions may be filed by a single employee, a group of employees, an employer, or the representative of either the employer or employees. 5.2.B When a petition for collective bargaining unit election is filed with the Division the Director shall determine the unit or units of employees in which representation is being sought and shall include on any ballot the names or suitable descriptions of each labor organization seeking representation.

Code of Colorado Regulations 3 5.2.C Requests for an election to select a bargaining unit subsequent to that requested in the original petition must be submitted to the Director no later than ten (10) days prior to the election. 5.2.D Requests to show separately the wishes of employees in a craft, division, department or plant as to the selection of a labor organization shall be submitted no later than ten (10) days prior to the election.

5.2.E Requests to have the polling list prepared in such a manner so as to show which employees are entitled to vote separately for craft representation or representation of any one of several plants of a common employer shall be submitted to the Director no less than ten (10) days prior to the election, unless a request for a separate unit is submitted as set forth above.

5.3 APPROVAL OF AN ALL-UNION AGREEMENT ELECTIONS:

5.3.A Petitions for the approval of an all-union agreement shall be filed with the Division of Labor on forms specified by the Division. Such petitions may be filed by a single employee, a group of employees, an employer, or the representative of either of them. 5.3.B The agreements referred to in Sections 5.1.B; 5.1.C; and 5.1.D above, shall be approved if at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater, cast affirmative votes in favor of the agreement in a secret- ballot election held under the supervision of the Director. 5.3.C Upon filing of an employees' petition, the Director, based upon his investigation, shall verify the employment status, and eligibility of the petitioning employees and shall determine whether such petitions have been properly signed by at least twenty (20) percent of the employees covered by such agreement on the date of the filing of the petition.

5.4 APPROVAL OF THE RATIFICATION OF AN ALL-UNION AGREEMENT ELECTION:

5.4.A Petitions for the approval of the ratification of an all-union agreement election shall be filed with the Director of Labor on forms specified by the Division. Such petitions must be filed by at least twenty percent of the employees covered by such agreement. 5.4.B The petitions for the approval of a ratification election must be filed within forty-five (45) days after the certification of the agreement by the Director.

5.4.C The agreement shall be conclusively deemed ratified if at least a majority of all the employees eligible to vote or three-quarters or more of the employees eligible to vote or three-quarters or more of the employees who actually voted, whichever is greater, cast affirmative votes in favor of approving the ratification.

5.4.D The Director shall hold such an election as promptly as practical following the filing of the petition. 5.4.E In the event that a certified contract expires or is terminated prior to the conduction of such an election, such certification shall be applicable to any subsequent agreement between the same parties until such election shall be held.

5.4.F Upon the filing of an employee's petition the Director, based upon his investigation, shall verify the employment status and eligibility of the petitioning employees and shall determine whether such petitions have been properly signed by at least twenty (20) percent of the employees covered by such agreement on the date of the filing of the petition.

5.5 REVOCATION OF AN ALL-UNION AGREEMENT ELECTION:

Code of Colorado Regulations 4 5.5.A Petitions for the revocation of an all-union agreement shall be filed with the Director of the Division of Labor on forms specified by the Division. Such petitions may be filed by the employer or by twenty (20) percent of the employees covered by such agreement. 5.5.B The petition for revocation may only be filed within a time period between one hundred twenty (120) and one hundred five (105) days prior to the end of the collective bargaining agreement or prior to a triennial anniversary of the date of such agreement. 5.5.C The Division must complete the election within sixty (60) days prior to the termination of the agreement or the triennial anniversary of the agreement. 5.5.D The Director may conduct an election for revocation within a collective bargaining unit no more often than once during the term of any collective bargaining unit or once every three years in the case of agreements for a period longer than three years. 5.5.E The Director shall declare an all-union agreement terminated if, pursuant to the petition filed in accordance with Section A above, there is not an affirmative vote of at least a majority of all the employees eligible to vote or three-quarters or more of the employees who actually voted, which ever is greater in the election conducted under the supervision of the Director. 5.5.F Upon the filing of an employee's petition, the Director, based upon his investigation, shall verify the employment status and eligibility of the petitioning employees and shall determine whether such petitions have been properly signed by at least twenty (20) percent of the employees covered by such agreement on the date of the filing of the petition.

5.6 ELIGIBILITY TO VOTE IN ALL-UNION AGREEMENT ELECTION

Whenever an election is held involving an all-union agreement, all employees covered by the agreement shall be eligible to vote. The Director shall determine whether the employers have signed as part of an association or multi-employer bargaining unit or have signed individually.

5.7 SCOPE OF APPROVAL OR REVOCATION

When an election is held to approve or revoke an all-union agreement, the results of said election shall be construed as granting or denying authorization to the employer and the labor organization to enter into any form of all-union agreement. Such election shall not be construed as approving or revoking only the specific contract terms proposed or agreed upon.

5.8 CONFIDENTIALITY OF PETITIONS FILED BY EMPLOYEES IN ALL-UNION ELECTIONS.

Any petitions filed by employees seeking an election to approve or revoke an all-union agreement shall remain confidential and shall not be available to any person or party.

6. ELECTIONS

6.1 PROCEDURES

6.1.A Upon the filing of a petition for an election, the Director shall verify the employment status and eligibility of the employees to vote, based upon an investigation and subsequent findings. Such investigation shall include seeking data relative to whether the unit is the result of an accretion of a unit or whether the agreement is the result of a successor agreement. 6.1.B The Director shall then request a list of employees from the employer who shall within seven (7) days submit such a list. Said list shall contain the names of all employees employed by said employer as of the date of the request, which date shall be determinative of eligibility to vote. In Code of Colorado Regulations 5 the event the employer fails or refuses to furnish a list of employees, the Director will accept as a tentative polling list such a list as the petitioner may be able to supply or may prepare such a list based on his own investigation.

6.1.C Within twenty (20) days after receipt of a petition, the Director shall meet with the parties in a conference to set the date of the election. The Director, at his discretion, may allow for such conference to be conducted by telephone. In the event that the parties are unable to agree and set such a date, the Director shall set a date for the election as soon as is practicable following receipt of a petition.

6.1.D Having obtained or prepared a tentative polling list and established a date, the Director shall direct that a Notice of Election and copies of the tentative polling list be displayed or posted in prominent places in and about each plant or operational area of the employer or by an alternative method approved by the Director if posting is not practicable. 6.1.E The Director shall cause a copy of the Notice of Election and tentative polling list to be served by mailing first-class postage prepaid, to all interested parties. 6.1.F The Notice of Election shall specify the time or times and place or places when and where a secret ballot election, according to the purpose of the petition, shall be conducted and shall specify the source of the request for the election except, in the case of an election called by employee petition for ratification or revocation of an all-union agreement, the notice shall simply indicate the request was by employee petition.

6.1.G In the case of a collective bargaining unit election, the notice of election shall include a description of the unit or units to be formed including classification, crafts and work locations. 6.1.H Any party may file written objections to an election or the tentative polling list subsequent to the filing of the petition for an election, but not later than seven (7) days after being served the Notice of Election. Within seven (7) days after service of the objections, any interested party may file and serve upon the other parties a written response to the objections. 6.1.I The Director shall investigate the objections and issue a determination based on the facts. The Director shall, as promptly as practicable, determine whether a petition for an election is proper. The Director shall forthwith cause copies of his determination to be served on all parties. If the Director is unable to decide upon the objections prior to the scheduled election, the election will be cancelled and rescheduled following resolution of the objections. 6.1.J The Division of Labor will not consider any petition for a collective bargaining unit election, election for approval of an all-union agreement, or election to approve the ratification of an all-union agreement more often than once in any twelve month period. 6.1.K After resolution of any objections to the tentative polling list or the conducting of an election or in the absence of any objections, the Director shall certify a poll list of qualified voters not later than twenty-four nor earlier than forty-eight hours preceding the time of balloting. The certified poll list shall be available in the office of the Director, and the Director shall cause it to be posted at those places where the Notice(s) of Election were posted.

6.1.L At any time prior to ten (10) days before the commencement of balloting for the selection of a collective bargaining unit, other petitions may be filed with the Director for any other organizations as representative of the employees or for the designation of a separate unit from that or those specified in the Notice of Election.

6.2 CONDUCT OF ELECTIONS

Code of Colorado Regulations 6 6.2.A For each election the Director shall cause suitable ballots to be prepared. The Director shall appoint such agents as are necessary to conduct or aid in conducting the election. In situations where the Director shall deem it appropriate, he shall have the discretion to prepare bilingual ballots.

6.2.B In his discretion, the Director may establish more than one suitable polling place for the same election, and may either provide a separate suitable ballot box and election officials for each place, or establish different times for the reception of ballots by the same officials at different places. In either event, the notice posted at each polling place shall specify that day and hours during which ballots may be cast at that place, and that a voter's ballot shall not be received at a place other than that at which his name is so listed, unless the Notice of Election shall specifically authorize voters to vote at other polling places.

6.2.C Each eligible organization requesting recognition as a collective bargaining unit or the union involved in an all-union election, the employer and the employees may designate an individual, who is not a supervisor or administrator and who is not a paid union official, for each polling place who shall be allowed to inspect the poll list and observe the casting of the ballots. No others than the Director and his agents shall be allowed to do so, nor shall others remain at the polling place. Any employer, supervisor, administrator or paid union official may be present for the counting of the ballots.

6.2.D Copies of the certified poll list shall be in the possession of the Director or his agents during the balloting.

6.2.E Only those persons whose names are on the poll list shall be entitled to vote at the election. Any employee whose name appears on the list of persons eligible to vote, and who has not been lawfully and contractually terminated before the election occurs but has had his name removed from the polling list shall be allowed to vote, and his ballot shall be received by the Director as a challenged ballot.

6.2.F The individuals selected according to Rule 6.2.C supra, may challenge the right of any person to vote upon the grounds of identity. If the challenged person is unable to provide adequate proof of identity, the Director shall receive the ballot as a challenged ballot. 6.2.G If any employee is unable to prepare his ballot by reason of illiteracy, or unfamiliarity with the English language, or for any other reason, he may be assisted in preparing his ballot by the Director or his agents.

6.2.H Solicitation of votes and electioneering shall not be permitted within fifty feet of the polling place. 6.2.I At the time specified in the Notice of Election for the closing of balloting, the Director or his agents shall receive the ballots of those employees present at the polling place, and no others. 6.2.J Elections may be conducted by mail in the discretion of the Director.

6.3 COUNTING OF BALLOTS AND CERTIFICATION OF RESULTS

6.3.A At the conclusion of the balloting the Director or his agents shall fix and state a time and the place at which the ballots will be counted, taking whatever measures are necessary to ensure secrecy for the election process and the ballots, and to protect the identity of all voters participating in such election. Each party shall be entitled to have one watcher present at the counting of the ballots.

Code of Colorado Regulations 7 6.3.B If any ballot shall be found to have conflicting marks, and/or, if in the opinion of the Director or his agents, any ballot is spurious, such ballot shall be disregarded and not counted, and shall be recorded as a spoiled ballot.

6.3.C Any ballot challenged under Rules 6.2.E and/or 6.2.F will be noted and the challenged ballot will be retained by the Director or his designee in a sealed envelope and after having impounded all ballots to protect the identity of the voters, shall receive evidence pertaining to eligibility from the parties and attempt to resolve any challenges. If there is not sufficient evidence presented at that time to make a decision all ballots cast will be sealed in the ballot box and impounded by the Director. The parties will have five (5) days to submit any additional evidence which may assist the Director in reaching a decision. In the event that no decision is reached, the Director shall cause the matter to be heard at a hearing for resolution and decision. Any challenged ballot determined to be invalid shall be declared void and impounded. Those challenged ballots declared to be valid shall be mixed with the unchallenged ballots and counted at a time and place to be fixed by the Director.

6.3.D If there are no challenged ballots the Director or his designee shall proceed to count the ballots at such time and place as fixed at the conclusion of the balloting. 6.3.E The Director or his agents shall prepare and certify over their signatures, on a form furnished by the Director, a Certificate containing a tabulation of the ballots cast, and shall immediately file such Certificate and shall deposit all ballots in a sealed container, with the Director. 6.3.F Within five (5) days after the filing and certification of the results of an election, any party may file an appeal in writing with the Director to review the certificate based on error or fraud to the results certified therein. The Director will cause a copy to be served to all interested parties giving each seven (7) days to file and serve written responses. The Director may cause an investigation to be undertaken, or may set the matter for hearing in accordance with the procedures for hearing unfair labor practices under these rules.

7. UNFAIR LABOR PRACTICES

7.1 PARTIES AND PLEADINGS

7.1.A The party filing a complaint shall be designated the plaintiff. Complaints shall be filed on forms provided by the Division and shall clearly set forth the names and addresses and phone numbers of all parties, the plaintiff's interest, the sections of the Act violated and a clear and concise statement of the facts constituting the unfair labor practice. Upon receipt of a complaint, the Division shall mail a copy of the complaint to the person or parties charged. 7.1.B The party against whom a complaint is filed shall be designated the respondent. Any respondent has a right to file an answer to the complaint within 10 days from the date of mailing by the Division. If the hearing is to be held on the merits of the complaint within 15 days of the filing of the complaint, complainant shall use such means of service so as to preserve a 10-day period in which respondent may file his answer.

7.1.C The Director may, in his discretion, shorten the 10-day period for response to the complaint for good cause. In such cases, respondent must be notified of the hearing date, the period in which they may respond, and, must be served with a copy of the complaint in as short a period of time as possible by service by an agent of the Division of Labor. 7.1.D Other persons who shall be made parties shall be designated as intervenors or shall be joined as plaintiffs or respondents, as the Director may decide based upon their application.

7.2 NOTICE OF HEARING

Code of Colorado Regulations 8 7.2.A Upon receipt of the answer or in default of an answer, the Director shall docket the case for hearing, giving written notice to the parties in interest by mailing the same to the Post Office addresses given in the pleadings, or as otherwise provided by statute. The hearing date shall be fixed not less than ten (10) nor more than forty (40) days following the date of filing of the complaint.

7.2.B Hearings may be conducted by the Director or by a deputy or a hearing officer designated by the Director. Such hearing may be held at such times and places as the Director designates and may be adjourned from time to time at the discretion of the Director or his agents. 7.2.C The burden of proof of establishing an unfair labor practice is upon the party plaintiff and he shall present his evidence first.

7.2.D Upon conclusion of a hearing the Director or the deputy or hearing officer in charge of the case shall prepare written findings of fact and conclusions and enter his order or recommendation therein. If within thirty (30) days after receipt of the recommendation by a hearing officer or deputy, the Director has taken no action, the findings of fact, and conclusions and order of the deputy or hearing officer shall be deemed to be those of the Director. 7.2.E The Director may remove any matter to himself or may conduct such further proceedings as appear appropriate in his discretion. Copies of the findings of fact and the order shall be furnished the parties in the manner prescribed for serving notice of hearings. 7.2.F In cases where it shall conclusively appear to the Director that an emergency exists and that temporary relief must be granted pending the filing of an answer or pending final hearing, the Director may hold a preliminary hearing and at the conclusion thereof enter an interlocutory order which shall remain in effect pending the final hearing and order of the Director.

7.3 PROCEDURE

Any hearings hereunder will be conducted pursuant to the provisions of the Administrative Procedure Act, specifically C.R.S. 1973, 24-4-105, as amended.

7.4 PETITION FOR REVIEW

Any party in interest who is dissatisfied with the findings or order of the Director may file a petition for review of the findings and order based upon newly discovered evidence, mistake or error within five (5) days from the date such order is entered.

8. NOTICE OF INTENT TO STRIKE

8.1 NOTICE OF INTENT TO STRIKE IN UNITS COVERED BY NLRA

Those bargaining units recognized by the National Labor Relations Act and subject to the notification provisions of said Act may submit the Federal Mediation and Conciliation Service form in lieu of the Notice of Intent to Strike form.

8.2 NOTICE OF INTENT TO STRIKE EMPLOYERS OTHER THAN AUTHORITIES.

8.2.A Where the exercise of the right to strike by the employees of an employer engaged in the State of Colorado in the production, harvesting, or initial processing (the latter after having left the farm) of any farm or dairy product produced in this state would tend to cause the destruction or serious deterioration of such product, such employees shall file with the Division a written Notice Of Intent To Strike no less than thirty (30) days prior to the date contemplated for such strike. Code of Colorado Regulations 9 8.2.B Employees of other industries or occupations, excluding authorities, shall file with the Division a written Notice Of Intent To Strike no less than twenty (20) days prior to the date contemplated for such strike.

8.2.C All Notices Of Intent To Strike shall be filed with the Division in writing and served upon all other parties by certified mail, and shall specify: the exact nature of the dispute; the names, addresses and telephone numbers of the parties and their representatives, if any; the date of the last conference between the parties; and contain a Certificate Of Service upon the other party. The Director may request the employer and the employees to meet with him to discuss the dispute. In the event that the parties do not resolve the dispute, the Director may recommend mediation. 8.2.D If the parties consent to mediating the dispute the parties shall file with the Division Director a written status of the ongoing mediation every thirty (30) days from the filing of the Consent to Mediate, or such other period of time as the Director may order until mediation is concluded. 8.2.E Either party may notify the Division in writing of any impasse or of the failure of mediation to resolve the dispute. Upon filing of the written notice of impasse or failure of mediation, the Director may meet with the parties to discuss voluntary arbitration of the dispute. If the parties consent to arbitration, the parties shall file with the Division a written agreement to arbitrate the dispute signed by both parties or their representatives. The agreement to arbitrate shall include a request that the Director either conduct the arbitration of the dispute or appoint an arbitrator.

8.3 NOTICE OF INTENT TO STRIKE EMPLOYERS WHO ARE AUTHORITY

9. INDUSTRIAL RELATIONS ACT – TITLE 8, ARTICLE 1 C.R.S. – REQUEST FOR INTERVENTION _________________________________________________________________________ Editor’s Notes History Code of Colorado Regulations 10