§ 24-50-1113 — Dispute resolution

(1) If disputes arise during the formation of
a partnership agreement, the certified employee organization and the state, to
encourage a true cooperative partnership, shall engage in the dispute resolution
process established in this section or an alternative procedure established by
mutual agreement. All deadlines may be extended pursuant to mutual agreement
of the parties.

(2) (a) If the certified employee organization and the state cannot reach
agreement within ninety calendar days after commencing meetings to draft a
partnership agreement, either party may request that the matters on which the
parties cannot reach agreement be sent to mediation with a mutually agreed upon
mediator. The mediator shall be selected from a list of five candidates provided by a
respected, national, not-for-profit entity that provides alternative dispute resolution
services.

(b) If the parties do not reach an agreement on outstanding issues within
thirty calendar days after commencing mediation, the mediator shall issue a
recommendation on all of the outstanding issues. The mediator shall issue the
recommendation within fifteen calendar days of the end of the thirty-day mediation
period. The mediator's recommendation shall be shared with both parties and either
party may share it with others or make it public.

(c) If, after mediation, the parties do not reach agreement on all issues, they
may enter into a partnership agreement on the issues on which they have reached
agreement.

(d) The cost of the mediator pursuant to this section shall be shared equally
by the certified employee organization and the state.

(e) With the exception of the recommendation of the mediator, all
documents, proposals, and draft and tentative agreements, drafted or exchanged
pursuant to the process established in this section, are privileged and not subject to
disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this
title 24.

(3) Any controversy concerning unfair labor practices of the state or
certified employee organization may be submitted to the division by the state,
certified employee organization, or affected employee in a manner and with the
effect provided in article 3 of title 8 and rules promulgated thereunder; except that
nothing in this part 11 prevents the pursuit of equitable or legal relief in courts of
competent jurisdiction. A claimant is not required to exhaust administrative
remedies.

Legislative History

Source: L. 2020: Entire part added, (HB 20-1153), ch. 109, p. 436, � 2, effective June 16.