(1) Any controversy
concerning unfair labor practices may be submitted to the division in the manner
and with the effect provided in this article; but nothing in this article shall prevent
the pursuit of equitable or legal relief in courts of competent jurisdiction, nor shall
it be any ground for refusal of such relief that all of the administrative remedies
provided in this article before the division have not been exhausted.
(2) Upon the filing with the division by any party in interest of a complaint in
writing on a form provided by the division charging any person with having engaged
in any specific unfair labor practice, the division shall mail a copy of such complaint
to all persons so charged. Any other person claiming interest in the dispute or
controversy, as an employer, an employee, or representative thereof, shall be made
a party upon application. The director may bring in additional parties by service of a
copy of the complaint. Only one such complaint shall issue against a person with
respect to a single controversy, but any such complaint may be amended in the
discretion of the director at any time prior to the issuance of a final order based
thereon. The persons so complained of have the right to file an answer to the
original or amended complaint and to appear in person or otherwise and give
testimony at the place and time fixed in the notice of hearing. The director shall fix
a time for the hearing on such complaint, which shall not be less than ten nor more
than forty days after the filing of such complaint. Notice shall be given to the
complainant and to each party named in the pleadings by service on him personally
or by mailing a copy thereof to him at his last-known post office address at least
ten days before such hearing. In case a party in interest is located without the state
and has no known post office address within this state, a copy of the complaint and
copies of all notices shall be filed in the office of the secretary of state and shall
also be sent by registered mail to the last-known post office address of such party.
Such filing and mailing shall constitute sufficient service with the same force and
effect as if served upon the party located within this state. Such hearing may be
adjourned from time to time in the discretion of the director and hearings may be
held at such places as the director designates. The director may initiate and file any
such complaint of his own motion or at the request of any interested person. Should
the director file such a complaint on request, he shall not disclose the name or
interest of the person upon whose request the complaint is filed, if in his judgment
such disclosure would tend to prejudice the interest of any person who may be
affected by any order that the director may enter upon such complaint.
(3) The director has the power to issue subpoenas and administer oaths.
Depositions may be taken in the manner prescribed by the Colorado rules of civil
procedure, and all such depositions shall be taken upon commissions issued by the
director. No person shall be excused from attending and testifying or from
producing books, records, correspondence, documents, or other evidence in
obedience to the subpoena of the director on the ground that the testimony or
evidence required of him may tend to incriminate him or subject him to a penalty or
forfeiture under the laws of the state of Colorado. No individual shall be prosecuted
or subjected to any penalty or forfeiture for any transaction, matter, or thing
concerning which he may testify or produce evidence, documentary or otherwise,
before the director in obedience to a subpoena issued by him. An individual so
testifying shall not be exempt from prosecution and punishment for perjury in the
first degree committed in so testifying.
(4) Any person who willfully and unlawfully fails or neglects to appear or
testify or to produce books, papers, and records as required, upon application to a
district court, shall be ordered to appear before the director to testify or produce
evidence if so ordered, and failure to obey such order of the court may be punished
by the court as a contempt thereof.
(5) Each witness who appears before the director by his order or subpoena
shall receive for his attendance the fees and mileage provided for witnesses in civil
cases in courts of record, which shall be audited and paid by the state in the same
manner as other expenses are audited and paid, upon presentation of properly
verified vouchers approved by the director and charged to the proper appropriation
for the division.
(6) A complete record shall be kept of all proceedings had before the
director, and all testimony and proceedings shall be taken down by the reporter
appointed by the director. Such proceedings shall not be governed by the technical
rules of evidence, but by such rules as are prescribed by the director for
administrative hearings.
(7) After the final hearing the director shall promptly make and file his
findings of fact upon all of the issues involved in the controversy and his order
which shall state his determination as to the rights of the parties. Pending the final
determination of any controversy before him, the director, after hearing, may make
interlocutory findings and orders, which may be enforced in the same manner as
final orders. Final orders may dismiss the charges or require the person complained
of to cease and desist from the unfair labor practices found to have been
committed; suspend his rights, immunities, privileges, or remedies granted or
afforded by this article as the director may specify, but not more than one year; and
require an employer to take such affirmative action, including reinstatement of
employees with or without pay, as the director may deem proper. Any order may
further require such person to make reports from time to time showing the extent
to which he has complied with the order.
(8) The director may authorize a deputy, referee, or administrative law judge
appointed pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and
to make findings and report them to the director. Any party in interest who is
dissatisfied with the findings or order of the director may seek judicial review
pursuant to section 24-4-106, C.R.S.
(9) The director, on his own motion, may set aside, modify, or change any of
his findings or orders at any time within twenty days from the date thereof if he
discovers any mistake therein or upon the ground of newly discovered evidence.
(10) If any party fails or neglects to obey an order of the director while the
same is in effect, the director may file a complaint in the district court of the county
wherein such person resides or usually transacts business for the enforcement of
such order for appropriate temporary relief or restraining order, and shall certify
and file in the court the record in the proceedings, including all documents and
papers on file in the matter, and pleadings and testimony upon which such order
was entered, and the findings and order of the director. Upon the filing the director
shall cause notice thereof to be served upon such party by mailing a copy to his
last-known post office address, and thereupon the court has jurisdiction of the
proceedings and of the question determined therein. Said action may thereupon be
brought on for hearing upon such order by the director serving ten days' written
notice upon the respondent, subject, however, to the Colorado rules of civil
procedure for a change of the place of trial or the calling in of another judge. Upon
such hearing the court may confirm, modify, or set aside the order of the director
and enter an appropriate decree. No objection that was not urged before the
director shall be considered by the court unless the failure or neglect to urge such
objection is excused because of extraordinary circumstances. The findings of fact
made by the director, if supported by credible and competent evidence in the
record, shall be conclusive. The court in its discretion may grant leave to adduce
additional evidence before the court where such evidence appears to be material
and reasonable cause is shown for failure to have adduced such evidence in the
hearing before the director. The director may modify his findings as to facts, or
make new findings by reason of such additional evidence, and he shall file such
modified or new findings with the same effect as his original findings and shall file
his recommendations, if any, for the modification or setting aside of his original
order. The court's judgment and decree shall be final; except that the same shall be
subject to appellate review as provided by law.
(11) to (14) Repealed.
(15) Substantial compliance with the procedures of this article is sufficient to
give effect to the orders of the director, and they shall not be declared inoperative,
illegal, or void for any omission of a technical nature in respect thereto.
(16) The right of any person to proceed under this section and section 8-3-121 shall not extend beyond six months from the date of the specific act or unfair
labor practice alleged.
(17) The director also has the power by himself and on his own motion to
initiate proceedings in the manner provided in this section. It is likewise the duty of
the director to so initiate a proceeding in his own name whenever complaint is made
to him by any party in interest if it appears to the director that the disclosure of the
name of the complainant, either as an employee or group of employees or as an
employer or agent or representative of the employer, would jeopardize the rights or
interests or standing of any party in interest. The proceedings so initiated by the
director shall be conducted in the same manner and have the same effect as
provided for in this section.
(18) (a) The director has the power and it is his duty in carrying out the public
policy of the state, either upon his own initiative or upon the complaint of any party
in interest or any organization or persons representing any public interests, if there
is picketing which in the opinion of the director might tend to lead to riots,
disturbances, or assaults or disturb public peace or injure the property or persons
of individuals, to limit the number of pickets that may be permitted; and to
prescribe the distance from any plant, entrance, or exit where such picketing may
be permitted; and to otherwise prescribe limits to such picketing, including not only
the number of persons picketing but also the manner or method thereof; and to
prevent the use of weapons of any kind or threats or intimidation.
(b) Upon the failure or refusal of any person against whom any such order or
direction is issued to comply with such order or direction, the district court of the
district wherein the picketing takes place or the violation occurs, upon application
of the director, may issue injunctive relief in the manner provided in the Colorado
rules of civil procedure for courts of record in Colorado.