Colorado: Automatic Collective Bargaining Exemption

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Colorado state statute permits (but does not require) collective bargaining for non-charter public school teachers. It neither mandates nor prohibits specific topics that collective bargaining must address.Colorado law does not explicitly address the issue of whether collective bargaining agreements for traditional public schools apply to charter school employees, but it has been consistently interpreted to exempt charter schools from district collective bargaining agreements.
Prior to the Supreme Court’s Janus v. AFSCME decision, Colorado state law neither required nor prohibited unions from charging agency fees to non-union members of any collective bargaining unit. Subsequent to the Supreme Court decision, it will be illegal to charge agency fees.
The state’s labor law is also silent on the process for selecting or certifying an exclusive representative for a public agency’s bargaining unit, which presumably delegates this authority to local jurisdictions. Generally, courts have held that in states without laws or without comprehensive laws, public employers have the authority to grant recognition to public sector unions and to enter into legally enforceable collective bargaining agreements covering employees.