2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-114 - Impasse resolution - fact finding - rules

(1)
If an impasse arises on one or more issues during the negotiation of a collective bargaining agreement, the exclusive representative and the county shall engage in the dispute resolution process established in this section or an alternative procedure established by mutual agreement. The deadlines in this section may be extended by mutual agreement of the parties.
(2)
(a)
If the exclusive representative and the county cannot reach an agreement on one or more issues subject to collective bargaining within ninety calendar days after commencing meetings to negotiate, or by the one hundred twentieth day prior to the expiration of an existing collective bargaining agreement, whichever is earlier, either party may request the assistance of a mediator. If mediation is requested by either party, bargaining must continue with the aid of a mediator.
(b)
If the parties cannot agree on a mediator within seven calendar days after the request for mediation, the parties must request mediation assistance from the federal mediation and conciliation service. The parties shall share equally the cost of mediation services, if any.
(3)
Mediation must continue for sixty days, until sixty days prior to the expiration of the existing collective bargaining agreement, or until the mediator determines that mediation services are no longer necessary or effective, whichever occurs first. Mediation may continue thereafter upon mutual agreement of the parties.
(4)
(a)
If the parties remain at an impasse following mediation, either party may request fact finding in accordance with rules promulgated by the director.
(b)
The director shall maintain a roster of qualified fact finders, each of whom must be registered with the federal mediation and conciliation service or the American Arbitration Association, and shall require the parties to select a fact finder from the director's roster or from a roster of labor arbitrators obtained directly from the federal mediation and conciliation service or the American Arbitration Association, or its successor organization. The parties shall select a fact finder from a list of seven names from the roster, as designated by the director and the American Arbitration Association, or its successor organization, or the federal mediation and conciliation service, whichever is applicable.
(c)
Unless the parties otherwise agree, the fact finder will make a recommendation to accept the final offer of the exclusive representative or the final offer of the county on each issue in dispute.
(d)
In arriving at a recommendation, the fact finder shall consider:
(I)
The financial ability of the county to meet the costs of any proposed settlement;
(II)
The interests and welfare of the public;
(III)
The compensation, hours, and terms and conditions of employment of the county employees involved in the collective bargaining in comparison with the compensation, hours, and terms and conditions of employment of other employees in the public and private sectors in comparable communities;
(IV)
The stipulations of the parties;
(V)
The lawful authority of the county;
(VI)
Changes in the cost of living; and
(VII)
Other factors that are normally or traditionally taken into consideration in the determination of compensation, hours, and terms and conditions of employment through voluntary collective bargaining, interest arbitration, or otherwise between parties in public and private employment.
(e)
The parties shall share the cost of the fact finder equally.
(5)
The exclusive representative shall approve or reject the recommendation of the fact finder in accordance with its internal procedures. If the exclusive representative approves of the recommendation, the board of county commissioners of the county shall vote to accept or reject the recommendation at a regular or special meeting open to the public immediately following notification by the exclusive representative that the bargaining unit has accepted the recommendation.
(6)
(a)
Except for the parties identified in subsection (6)(b) of this section, if the parties are at an impasse following consideration of the recommendations of the fact finder, each party remains obligated to collectively bargain in good faith to resolve the impasse.
(b)
Bargaining units of a local government employer that include firefighters, as defined in section 29-5-301 (3), must comply with post-fact-finding procedures in section
29-5-210 (9), (10), and (13)
.
(7)
Except for the recommendation of a fact finder, all documents, proposals, and draft and tentative agreements drafted or exchanged pursuant to the process established in this section are privileged, are not public records, and are not subject to inspection pursuant to the "Colorado Open Records Act", part 2 of article
72
of title
24
.
Amended by 2024 Ch. 282,§ 6, eff. 5/29/2024.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.