§ 8-3.3-112 — Obligation to negotiate in good faith

Colorado § 8-3.3-112

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Collective Bargaining by County Employees

Text

(1) The county and the
exclusive representative or its representative have the authority and the obligation
to collectively bargain in good faith. The obligation to collectively bargain in good
faith does not compel either party to agree to a proposal or make a concession.

(2) The obligation to collectively bargain in good faith:

(a) Requires a county, upon request of the exclusive representative, to
provide information that may be relevant to the terms and conditions of
employment or the interpretation of the collective bargaining agreement;

(b) Includes a county's duty to furnish data to the exclusive representative
that:

(I) Is normally maintained by the county in the regular course of business;
and

(II) Is reasonably available and necessary for full and proper discussion,
understanding, and negotiation of subjects within the scope of collective
bargaining or subject to a grievance under a collective bargaining agreement; and

(c) Does not include an obligation to furnish information that constitutes
guidance, advice, counsel, or training provided for managerial employees or
executive employees relating to collective bargaining.

(3) Collective bargaining between a single county and an employee
organization serving as the exclusive representative of more than one bargaining
unit of county employees must be consolidated upon the request of the county.

(4) An exclusive representative and a county shall make a good faith effort
to complete negotiations so that the terms of a collective bargaining agreement
may be effectively considered by the board of county commissioners during the
adoption of the county budget. The board of county commissioners is not obligated
to make an appropriation of funds necessary to fund the terms of a collective
bargaining agreement reached after October 15 of the year prior to the budget year
if the exclusive representative has not been certified prior to June 1 of the current
year unless otherwise agreed upon by both parties.

Legislative History

Source: L. 2022: Entire article added, (SB 22-230), ch. 260, p. 1913, � 2, effective July 1, 2023.