Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1101-1 - RULES OF PROCEDURE TO THE COLORADO LABOR PEACE ACT AND INDUSTRIAL RELATIONS ACT
8 - Intervention in Labor Disputes (Industrial Relations Act, C.R.S. section 8-1-125)

Universal Citation: 7 CO Code Regs 1101-1 § 8

Current through Register Vol. 47, No. 17, September 10, 2024

8.1 Coverage of Intervention Rule. This rule applies to employers that:

(A) are covered by the Industrial Relations Act (Article 1 of C.R.S. Title 8); and

(B) are not covered by the NLRA or any other federal or state statute governing strikes, lockouts, or similar labor stoppages as to that employer.

8.2 Requests for Intervention.

8.2.1 Grounds for Intervention. Under C.R.S. § 8-1-125, the Director may intervene in a dispute affecting wages, hours, or other conditions of employment if either (A) both parties to a dispute request intervention, or (B) the dispute affects the public interest.

8.2.2 Requests for Intervention. A party to a labor dispute requesting intervention shall do so by completing, and serving on the Division and all other parties to the dispute (in conformity with Rule 4), a Division-approved form if one is available, or in any other written form if none is available, providing the following information:

(A) The name, address, telephone number, and email address where each party to the labor dispute may be contacted;

(B) The date of the expiration of the most recent collective bargaining agreement between the parties;

(C) The status of negotiation to resolve the dispute, including the date of the last conference or negotiation between the parties;

(D) Whether, and if so how, the dispute affects the public interest; and

(E) Whether, and if so what type of, intervention would help resolve the dispute.

8.2.3 Responses to Requests. Upon request for intervention by only one party to a dispute, any other parties shall respond within ten days, providing all information required by Rule 8.2.2.

8.3 Decisions on Intervention.

8.3.1 In considering whether to intervene, the Director may:

(A) meet with the parties to discuss the use of mediation, arbitration, or other dispute resolution; and/or

(B) investigate to determine the extent to which the dispute affects the public interest and whether the Director should assert jurisdiction.

8.3.2 Jurisdiction shall not be deemed to have been exercised until and unless a written decision to intervene is issued.

8.3.3 The parties shall be notified of the decision to either assert or decline jurisdiction in a written decision that shall advise the parties that:

(A) the relation of the employer and employee shall continue uninterrupted by the dispute or anything arising out of the dispute until the final determination of any aspects of the dispute that the Director may address; and

(B) neither the employer nor any employee affected by any such dispute shall either:

(1) alter wages, hours, or other conditions of employment; or

(2) on account of such dispute, directly or indirectly engage in anything in the nature of a lockout, strike, or suspension or discontinuation of work or employment.

8.3.4 In intervening, the Director may investigate, hold hearings, and issue temporary orders to authorize and encourage mediation, voluntary arbitration, or other similar dispute resolution prior to issuing any final orders.

8.3.5 The Director shall issue a final order terminating jurisdiction within 180 days after the Director's decision to assert jurisdiction.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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