Selection and recognition of bargaining agent.
Denver City Charter, art. IX, § 9.10.5
in effect§ 9.10.5 - Selection and recognition of bargaining agent.
(A) The bargaining agent shall be the sole and exclusive representative of all members of a bargaining unit if:
(i) of the members voting in a secret ballot election, a majority vote for the employee organization seeking to be a bargaining agent; or
(ii) a majority of the employees making up the bargaining unit otherwise express an intent to be represented by such employee organization in a manner that is mutually acceptable to the applicable Corporate Authority and the employee organization.
(B) Questions concerning the selection or removal of any bargaining agent may be raised by petition of any member of the bargaining unit if such petition is signed by at least thirty-three (33) percent of the bargaining unit. Such a petition may be submitted to an arbitration association for the purposes of an election, or a mutually acceptable alternative, as provided in this Section.
(C) No petition for the selection or removal of a bargaining agent may be filed within twelve (12) months of the bargaining agent's certification after an election. Additionally, no petition may be filed during the term of any existing agreement between the City and the bargaining agent except during the period from November 1 st to November 30 th of the year preceding the final year of the agreement.
(D) When a petition is filed concerning the selection or removal of a bargaining agent, the arbitration association shall determine whether it contains the requisite number of signatures. If the petition has the requisite number of signatures, the arbitration association shall determine the question of the selection or removal of any bargaining agent by holding a secret ballot election of the employees in the bargaining unit, or by any other procedure that requires a majority of the employees making up the bargaining unit to consent to representation which is mutually agreed upon by the applicable Corporate Authority and employee organization seeking to be a bargaining agent, and certifying in writing the results thereof to the applicable Corporate Authority and the person, persons, and employee organizations involved. In an election where none of the choices on the ballot receives a majority of the votes cast, the arbitration association shall conduct a runoff election with the names of the employee organizations receiving the highest and the second highest number of ballots cast in the election appearing on the ballot.
(E) The secret ballot election and any required runoff shall be conducted as provided in ordinance, or in the case of secret ballot elections for employees of the Board of Water Commissioners, by rules and regulations promulgated by the Board. The cost of running the election shall be borne equally by each employee organization on the ballot.
(Ord. No. 0716-24, § 1, 7-15-24, elec. 11-5-24)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIHORU_SUBTITLE_BCH_ARTIXEM_PT10COBACEEM_S9.10.5SEREBAAGFetched: 10/27/2026