Colorado § 8-3.3-108 - Certification of the employee organization as the exclusive representative - rules.

§ 8-3.3-108. Certification of the employee organization as the exclusive representative - rules.

(1) (a) On and after July 1, 2023, the director shall certify and a county shall recognize an employee organization as the exclusive representative of a bargaining unit upon a secret ballot election in which the employee organization receives more than fifty percent of the valid ballots cast. An election shall take place when, in accordance with rules promulgated by the director, a petition is filed by an employee organization containing a showing of interest of at least thirty percent of the county employees in a bargaining unit.

(b) The sufficiency of the showing of interest in a representation election for exclusive representation is an administrative determination made by the director or the director's designee and is not subject to challenge by any person. The director shall not disclose the identity of any county employee who has participated in the showing of interest to any person.

(2) (a) The director shall deem an employee organization certified as the exclusive representative if, on or before January 1, 2022, a county recognized the employee organization as the exclusive representative of a bargaining unit. The employee organization must be certified as the exclusive representative for the bargaining unit until or unless the employee organization is decertified as the exclusive representative in accordance with this article 3.3.

(b) The director shall deem an employee organization certified as the exclusive representative if a county, after January 1, 2022, and before July 1, 2023, recognized the employee organization as the exclusive representative and the recognition was based on a demonstration of majority support by the employee organization or the employee organization was selected in a secret ballot election by a majority of bargaining unit county employees voting in the election. The employee organization must be certified as the exclusive representative of the bargaining unit until or unless the employee organization is decertified as the exclusive representative in accordance with this article 3.3.

(c) No county employee positions in a deemed certified bargaining unit may be excluded from the bargaining unit, except by agreement of the exclusive representative and the county.

Source: L. 2022: Entire article added, (SB 22-230), ch. 260, p. 1909, § 2, effective July 1, 2023.