Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-16 - COUNTY COLLECTIVE BARGAINING (COBCA) RULES
5 - Unfair Labor Practices

5.1.1 Unfair labor practice complaints shall be filed on the designated form provided by the Division, and shall comply with any other Division instructions as to the information and/or documentation required by the Division.

5.1.2 The Division will evaluate unfair labor practice complaints to determine if the Division has jurisdiction over the alleged conduct and if sufficient allegations and evidence has been shown from which an unfair labor practice may be reasonably inferred.

5.1.3 If the unfair labor practice complaint provides insufficient evidence, the Division will notify the charging party and may request additional information and/or documentation.

5.1.4 A charging party may withdraw an unfair labor practice complaint at any time prior to issuance of a determination.

5.2.1 After determining that a charging party's unfair labor practice complaint contains sufficient allegations and evidence that, if proven true, would state a claim of an unfair labor practice, the Division shall give notice of the allegations and request an answer be filed by each respondent.

5.2.2 The respondent shall file an answer responding to each allegation in the complaint, and attach any documentation or evidence the respondent wishes the Division to consider in reviewing the complaint, within 21 days of the date the Division sends a copy of the complaint to the respondent. The Division may exercise discretion to shorten the response deadline.

5.2.3 Upon receiving a request in writing to the Division stating the reason an extension is required, the Division may, at its discretion, extend the period for the respondent to file an answer to the complaint for good cause in accordance with Rule 3.4.

5.2.4 Upon written request, at the Division's discretion, other parties or entities may be designated as intervenors or may be joined as charging parties or respondents.

5.3.1 Upon receipt of the unfair labor practice complaint, the answer, and any supplemental information or documentation, the Division shall determine whether additional investigation is required. In the event further investigation is required, investigatory methods used by the Division may include, but are not limited to:

5.3.2 During the investigation, if information is provided to the Division by a source requesting confidentiality, and that information is used only as a basis for procuring other evidence, but not offered as evidence itself, then the source shall remain confidential.

5.3.3 The Division may exercise its discretion to have an investigation sequenced and/or divided into two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding two or more determinations and/or phases of the investigation.

5.3.4 Where a complaint or investigation for violation of these rules or the statutes they enforce has been filed or commenced, all parties shall preserve all relevant documents until final disposition and until the expiration of the statutory period within which a person aggrieved may bring a civil action.

5.3.5 The burden of proof for establishing an unfair labor practice is on the charging party, who must establish by a preponderance of the evidence that an unfair labor practice has been committed.

5.3.6 The Division shall make a determination as to whether an unfair labor practice has been committed and issue written findings and orders, which shall be sent to all parties. Absent a timely administrative appeal, the determination shall constitute final agency action, and the final decision of the Director, subject to judicial review pursuant to C.R.S. § 24-4-106.

5.3.7 Determinations by the Division may include the following remedies, as the findings of the determination warrant, and pursuant to the Division's investigative and enforcement authority as authorized by COBCA and/or other statutes:

5.4.1 Either the charging party or respondent may file an administrative appeal within 35 days from the date of the Division's determination. A valid appeal is a written statement explaining the basis for the appeal that is timely filed with the Division, is not frivolous, and has been signed by the appellant or the appellant's authorized representative. An appeal is frivolous if it fails to allege an error that could result in the reversal or modification of the determination or otherwise is manifestly insufficient or futile. The Division's initial determination remains operative during the appeal, unless an appeal filing requests, and then is granted, any stay.

5.4.2 On appeal, findings of fact are reviewable for clear error, while findings of law are reviewable de novo.

5.4.3 Upon receipt of the appeal, the Division will notify the parties of the date of the hearing and any interim deadlines, and send a copy of the appeal and a copy of the record of its investigation to the parties by mail or email. All evidence submitted to the Division during the investigation is part of the record on appeal and need not be resubmitted.

5.4.4 The hearing officer (including an Administrative Law Judge) shall have the power and authority to call, preside at, and conduct hearings on the appeal, including the power to administer oaths and affirmations, order and take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed determination. The hearing officer shall make a decision on each relevant issue raised, including findings of fact, conclusions of law, and an order.

5.4.5 Parties who timely file a valid appeal of the Division's determination will be afforded an administrative appeal hearing before a Division hearing officer. Parties may be required to appear by telephone or other remote means.

5.4.6 The parties may submit new testimonial evidence, which is defined as any evidence that is elicited through the statements of individual witnesses, to the hearing officer in accordance with deadlines imposed by the Division. New evidence must be sent to all other parties to the appeal. Failure to send all new evidence to all other parties to the appeal may result in the evidence being excluded from the record. The parties may submit new documentary or other non-testimonial evidence in accordance with deadlines imposed by the Division and upon showing "good cause," which may be assessed based on any relevant factors, including but not limited to:

5.4.7 An appeal may, at the discretion of the hearing officer, be sequenced and/or divided into two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding two or more decisions and/or phases of the appeal.