§ 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.

Legislative 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.