§ 29-5-212 — Existing bargaining relationships

(1) The collective bargaining
provisions of this part 2 do not apply to any home rule city that has language in its
charter on June 5, 2013, that provides for a collective bargaining process for
firefighters employed by the home rule city. This part 2 applies to all other public
employers, including home rule cities without language in their charters that
address a collective bargaining process for firefighters.

(2) A bargaining unit in existence on June 5, 2013, remains the bargaining
unit unless the bargaining unit is modified by voluntary agreement between the
exclusive representative and the public employer or as otherwise provided by this
part 2.

(3) An employee organization recognized by a public employer as the
exclusive representative for a bargaining unit as of June 5, 2013, remains the
exclusive representative for the bargaining unit until the employee organization is
decertified as the exclusive representative by vote of a majority of the firefighters
in the bargaining unit in accordance with a process established by the public
employer.

(4) (a) All existing bargaining relationships of firefighters, whether created
by ordinance, resolution, or voluntary recognition, remain in effect under the terms,
conditions, and procedures in effect unless the public employer and exclusive
representative agree to apply the collective bargaining provisions of this part 2 or
until an election is held by petition pursuant to section 29-5-206. If the registered
electors approve coverage of the collective bargaining provisions of this part 2 to
the public employer, those provisions will apply to the bargaining unit regardless of
any charter, ordinance, resolution, or voluntary recognition. An election may not be
held under section 29-5-206 during the term of a collective bargaining agreement
that is in existence on June 5, 2013.

(b) If a vote is held pursuant to paragraph (a) of this subsection (4), the
terms, conditions, and procedures in the prior bargaining relationship remain in
effect until the election is completed. If the registered electors reject coverage of
the collective bargaining provisions of this part 2, all terms, conditions, and
procedures in the prior process remain in effect.

(5) Nothing in this section changes or abrogates a collective bargaining
agreement that is in existence on June 5, 2013.

Legislative History

Source: L. 2013: Entire part added, (SB 13-025), ch. 408, p. 2410, � 1, effective June 5.