2021 Colorado Code
Title 8 - Labor and Industry
Article 3 - Labor Peace Act
§ 8-3-107. Representatives and Elections

1. A unit chosen for the purpose of collective bargaining shall be the exclusive representative of all of the employees in such unit, if the majority of the employees of one employer, or the majority of the employees of one employer in a craft, vote at an election. But employees individually have the right at any time to present grievances to their employer in person or through representatives of their own free choosing, and the employer shall confer with them in relation thereto.
2. When a question arises concerning the selection of a collective bargaining unit, it shall be determined by secret ballot, and the director, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department, or plant as to the selection of the collective bargaining unit.
3. When a question arises concerning the selection of a collective bargaining unit, the director shall determine the question thereof by taking a secret ballot of employees and certifying in writing the results thereof to the bargaining units involved and to their employer. There shall be included on any ballot for the selection of a bargaining unit the names or suitable description of each bargaining unit submitted to the director and claimed to be the appropriate unit by an employee or group of employees participating in the election; except that the director, in his discretion, may exclude from the ballot any bargaining unit which, at the time of the election, stands deprived of its rights under this article by reason of a prior adjudication of its having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by any unit named on the ballot. The director's certification of the results of any election shall be conclusive as to the findings included therein, unless reviewed in the manner provided by section 8-3-110 (8), for review of orders of the director.
4. Questions concerning the selection of collective bargaining units may be raised by petition of any employee or his employer or the representative of either of them. Where it appears by the petition that any emergency exists requiring prompt action, the director shall act upon said petition forthwith and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held shall not prevent the holding of another election among the same group of employees, if it appears to the director that sufficient reason therefor exists.
5. The director shall investigate and determine which persons shall be qualified and entitled to vote at any election held by him and shall prepare and certify a poll list of such qualified voters and shall file the same in the office of the director not later than twenty-four nor earlier than forty-eight hours preceding the time of such balloting. The list shall be available to the collective bargaining units whose interests are involved in the election. On request of any employee, the list shall be prepared so as to show separately which employees are entitled to vote for general representation of the employees and which employees are entitled to vote separately for craft representation or representation of any one of several plants of a common employer. No person whose name is not so certified shall be entitled to vote at such election. The director shall protect the secrecy of the ballot and shall take all proper measures for the accurate counting thereof and shall certify the result thereof and immediately file such certificate in the records of the division and make the same available for the inspection of any person interested. The bargaining units so elected and certified shall be the respective representatives of the employees so electing them and recognized as such under this article. The names of all persons voting at the election for the selection of a bargaining unit shall be certified to the division and filed in its records and shall constitute the voting roll for said bargaining unit for all purposes under this article. The name of any person leaving such employment shall be removed from the roll; except that any employee whose name appears on said voting roll may have his name withdrawn from said roll by notice in writing to the division.

History. Source: L. 43: P. 398, § 5. CSA: C. 97, § 94(5). CRS 53: § 80-5-5. C.R.S. 1963: § 80-4-5. L. 69: P. 595, § 74. L. 86: (3) amended, p. 470, § 25, effective July 1. History. Source: L. 43: P. 398, § 5. CSA: C. 97, § 94(5). CRS 53: § 80-5-5. C.R.S. 1963: § 80-4-5. L. 69: P. 595, § 74. L. 86: (3) amended, p. 470, § 25, effective July 1.

Analysis

• I. GENERAL CONSIDERATION.
• II. SELECTION OF COLLECTIVE BARGAINING UNIT.
• III. DETERMINATION OF QUALIFIED VOTERS.

Law reviews. For notes, “Evolving Standards for Duty of Fair Representation Cases Under Section 301”, see 62 Den. U. L. Rev 627 (1985). For comment, “Local No. 82 Furniture Movers v. Crowley: Title I Relief When Title IV Claims Are at Issue Under the LMRDA”, see 62 Den. U. L. Rev. 675 (1985).

Annotator's note. Cases included in the annotations to this section which refer to the industrial commission were decided prior to the 1969 amendment to this section which placed the duty of enforcing and administering the “Labor Peace Act” on the director of the division of labor instead of the industrial commission.

There is a strong policy in this section in favor of fractional representation of the employees of one employer. Dry Cleaners & Laundry Workers Local 304 v. Sunnyside Cleaners & Shirt Laundry, 146 Colo. 31 , 360 P.2d 446 (1961).

And the determination of the proper group of employees to be represented in a collective bargaining unit is a matter for the industrial commission. Dry Cleaners & Laundry Workers Local 304 v. Sunnyside Cleaners & Shirt Laundry, 146 Colo. 31 , 360 P.2d 446 (1961).

Moreover, absent a showing that such determination is unlawful, a court of review is not justified in voiding his ruling, as determinations of this nature have been left by this section to the informed discretion of the director empowered to administer the law. Dry Cleaners & Laundry Workers Local 304 v. Sunnyside Cleaners & Shirt Laundry, 146 Colo. 31 , 360 P.2d 446 (1961).

This section does not specify any particular point in time when a request for a separate election among a certain craft, division, or department must be made. Dry Cleaners & Laundry Workers Local 304 v. Sunnyside Cleaners & Shirt Laundry, 146 Colo. 31 , 360 P.2d 446 (1961).

The procedure for certifying election lists by the industrial commission is specifically set forth in this section. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244 , 331 P.2d 507 (1958).

And this section is complete as to how one attains the status of an eligible voter. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244 , 331 P.2d 507 (1958).

Hence, a commission regulation providing for challenges at voting is of no effect. To hold that the clear words of this section can be circumvented by a regulation adopted by the industrial commission providing for challenges at the time of voting is to ignore their plain meaning and confer legislative powers on the commission, and such a regulation is without legal force or effect. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244 , 331 P.2d 507 (1958).

Nor are regulations of the NLRB. The rules and regulations of the national labor relations board relating to challenges at elections have no application in view of the precise wording of this section, which does not permit challenges at the time of voting. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244 , 331 P.2d 507 (1958).

This section, as thus construed, preserves the secrecy of the ballot to those who vote in an election. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244 , 331 P.2d 507 (1958).

However, the union, or those employees, who sought the election have the right to make challenges prior to final certification of the polling list, and it is at that time that any evidence which it is contended affects the eligibility of any person on the voting list must be presented. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244 , 331 P.2d 507 (1958).

But challenging change in polling list after its approval cannot be raised for first time on appeal. Dry Cleaners & Laundry Workers Local 304 v. Sunnyside Cleaners & Shirt Laundry, 146 Colo. 31 , 360 P.2d 446 (1961).