Colorado § 8-3.3-109 - Process for employee organization certification - intervening employee organizations - secret ballot elections - rules.

§ 8-3.3-109. Process for employee organization certification - intervening employee organizations - secret ballot elections - rules.

(1) Upon the filing of a petition by an employee organization seeking exclusive recognition, the director shall require the county to distribute notice to all county employees in the applicable bargaining unit that must identify the petitioner, the bargaining unit sought by the petitioner, the election process, and an advisement of county employee rights under section 8-3.3-103 (1), (2), and (3).

(2) Within ten days after the date the notice required in subsection (1) of this section is first distributed, other employee organizations may seek to intervene in the certification process. An intervener organization shall file a petition with the director containing the signatures of not less than thirty percent of the county employees in the bargaining unit claimed to be appropriate by the intervener.

(3) If there is a dispute regarding the positions to be included in the appropriate bargaining unit, the director shall promptly order a hearing conducted in accordance with the rules adopted pursuant to this article 3.3. Upon determination of the composition of the appropriate bargaining unit, whether by consent of the parties or upon a decision by the director or the director's designee, the director shall determine the sufficiency of the showing of interest of each petitioner. If a petitioner lacks a sufficient showing of interest, the director shall provide that petitioner with a ten-day opportunity to demonstrate a sufficient showing of interest in the bargaining unit that was deemed appropriate.

(4) Within ten days after the director's determination that a sufficient showing of interest has been provided pursuant to subsection (3) of this section, the director shall:

(a) Order the county to provide to the petitioning employee organization or organizations the names, job titles, work locations, home addresses, personal email addresses, and home or cellular telephone numbers of any county employee in the appropriate bargaining unit unless directed by the county employee not to provide some or all of the information;

(b) Establish by consent or order the procedures for a secret ballot election; and

(c) Order the county to distribute a notice prepared by the director that describes the procedures of the secret ballot election to all county employees in the appropriate bargaining unit.

(5) The ballot for the secret ballot election must contain:

(a) The name of any employee organization submitting a petition containing a showing of interest of at least thirty percent of the county employees in the appropriate bargaining unit; and

(b) A choice of "no representation" for county employees to indicate they do not desire to be represented by an employee organization.

(6) (a) If an employee organization receives a majority of ballots cast in a secret ballot election, the director shall certify the employee organization as the exclusive representative of all county employees in the appropriate bargaining unit subject to any valid objections to the conduct of the election filed in accordance with this article 3.3 and the rules of the director.

(b) Within twenty-eight days after a secret ballot election in which no employee organization receives a majority of the ballots cast, the director shall conduct a runoff election between the two employee organizations receiving the largest number of ballots cast. The director shall certify the results of the election, and, if an employee organization receives a majority of the ballots cast, the director shall certify the employee organization as the exclusive representative of all county employees in the appropriate bargaining unit, subject to any valid objections to the conduct of the election filed in accordance with this article 3.3 and the rules of the director.

(7) Within seven days after certification of the results of a secret ballot election, any party may file objections to the conduct of the election or to conduct affecting the results of the election in accordance with rules promulgated by the director. The objections must contain a short statement of the reasons for the objections and be accompanied by a written offer of proof identifying each witness the party would call to testify concerning the issue and a summary of the witness's testimony. Upon a showing of good cause, the director may extend the time for filing the offer of proof. The party filing the objections shall serve a copy of the objections, but not the written offer of proof, on each of the other parties to the case. If the director or a designated hearing officer finds that misconduct affected the outcome of the election, the director shall invalidate the election and order a subsequent election for the county employees in the appropriate bargaining unit within twenty-eight days after the finding.

Source: L. 2022: Entire article added, (SB 22-230), ch. 260, p. 1910, § 2, effective July 1, 2023.