COLLECTIVE BARGAINING; FIREFIGHTERS

Denver City Charter subtit. B, art. IX, pt. 7

in effect

Denver City Charter, art. IX, § 9.7.1 Statement of policy.

§ 9.7.1 - Statement of policy. It is the public policy of the people of the City and County of Denver to promote harmonious, peaceful, and cooperative relationships between the elected officials of the City and County of Denver and certain members of the Classified Service of the Fire Department and to protect the public by assuring, at all times, responsible, orderly, and uninterrupted operation of government services, by providing for such employees the right to bargain collectively with the employer through an exclusive agent, and providing a method of resolving impasses, as hereinafter provided. It is hereby further declared to be the public policy of the City and County of Denver to accord to such members of the Classified Service of the Fire Department, all the rights of labor other than the right to strike or organize in any work stoppage, slowdown or mass absenteeism. In lieu of allowing Fire Fighters to strike to resolve impasses in negotiations, the City hereby adopts a system of binding arbitration to resolve such impasses. (Charter 1960, C5.80; amended June 15, 1971; amended May 15, 1979; Ord. No. 907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.2 Definitions.

§ 9.7.2 - Definitions. As used in this Section and its subparts, the following terms shall, unless the context requires a different interpretation, have the following meanings: (A) The term "Firefighters" shall mean the members of the Classified Service of the Fire Department of the City and County of Denver except the Chief of the Fire Department or Deputy Chief or the Division Chiefs. (B) The terms "Corporate Authorities" or "employer" shall mean the proper officials within the City and County of Denver whose duty it is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of firefighters, excluding pensions. (C) The term "impasse" means a situation when the employer and the sole and exclusive agent of the Firefighters have reached a point in negotiation over the provisions to be included in a collective bargaining agreement at which time their differences are so substantial that further meetings would be futile, and the time provided for collective bargaining has elapsed. (D) The term "final offer" means the written offer made latest in time by a party authorized to make such offer in negotiation of a collective bargaining agreement, provided that said offer is made not less than seven (7) days prior to the start of a binding arbitration. (Charter 1960, C5.80-1; amended June 15, 1971; amended May 15, 1979; amended June 13, 1994; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 138-03, § 1, 2-24-02, elec. 5-6-03; Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.3 Right to organize and bargain collectively.

§ 9.7.3 - Right to organize and bargain collectively. Firefighters shall have the right to bargain collectively with the City and County of Denver and to be represented by an employee organization in such collective bargaining as to wages, rates of pay, hours, grievance procedure, working conditions, and all other terms and conditions of employment, except the table of organization of the Fire Department and except pensions. (Charter 1960, C5.80-2; amended June 15, 1971; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. IX, § 9.7.4 Recognition of bargaining agent.

§ 9.7.4 - Recognition of bargaining agent. The employee organization selected by a majority of the Firefighters voting in an election in the City and County of Denver shall be recognized by the City and County of Denver as the sole and exclusive agent for all Firefighters unless and until representation by such employee organization is withdrawn by a vote of a majority of the Firefighters voting in an election. The employee organization representing the Firefighters on January 1, 1979, shall be recognized by the City and County of Denver as the sole and exclusive agent for all Firefighters unless and until representation is withdrawn as provided herein. An election held for the purpose of selecting or removing the sole and exclusive agent for the Firefighters shall be conducted under the supervision of the American Arbitration Association (or its successor) and the cost of such election shall not be borne by the City and County of Denver. (Charter 1960, C5.80-3; amended June 15, 1971; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. IX, § 9.7.5 Obligation to bargain.

§ 9.7.5 - Obligation to bargain. It shall be the mutual obligation of the City and County of Denver, acting through its Corporate Authorities or their representatives, and of representatives of the sole and exclusive agent for the Firefighters, to meet and confer in good faith within seven (7) days after receipt of written notice by the Corporate Authorities from said agent of a request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreements resulting from negotiations to be reduced to a written contract, provided that any such contract shall be for a term of not less than one (1) year nor more than three (3) years, notwithstanding the provisions of Article VII of this Charter relating to Budget and Finance. All collective bargaining agreements shall be effective on a January 1 date and shall terminate on a December 31 date. (Charter 1960, C5.80-4; amended June 15, 1971; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. IX, § 9.7.6 Unresolved issues submitted to binding arbitration.

§ 9.7.6 - Unresolved issues submitted to binding arbitration. In the event that the sole and exclusive agent and the Corporate Authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall be submitted to binding arbitration. The obligation of the parties to bargain in good faith shall continue after submission of unresolved issues to binding arbitration. Any or all issues which are unresolved between the sole and exclusive agent and the Corporate Authorities may be resolved by the parties until the sixteenth day following receipt of the decision of the arbitrator. Any agreements reached within fifteen (15) days following receipt of the decision of the arbitrator shall supersede the decision of the arbitrator. In the event the sole and exclusive agent and the Corporate Authorities are able to reach agreement upon any or all issues prior to the receipt of the decision of the arbitrator, then the arbitrator shall make no decision on such issue or issues. (Charter 1960, C5.80-5; amended June 15, 1971; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.7 Selection of binding arbitrator.

§ 9.7.7 - Selection of binding arbitrator. (A) Within thirty (30) days after the adoption of this Section, the City shall, in some reasonable manner, solicit applications from persons who desire to be on a permanent panel of arbitrators to resolve impasses as described in Section 9.7.6 herein. (B) In order to be eligible to be on the permanent panel of arbitrators, a person must be impartial and disinterested and must be qualified by experience and training as a neutral hearing officer or arbitrator in labor/management disputes. The dispute experience shall be in impasse negotiations between labor and management, disputes over the meaning or application of contracts between labor and management, or discipline. Any person whose only experience is as a Hearings Officer for any Civil or Career Service System shall not be Qualified. Persons who are members of the National Academy of Arbitrators or on the American Arbitration Association panel of labor arbitrators are presumptively qualified. (C) The City Council shall create a permanent panel of at least three (3) arbitrators from those qualified persons who apply. Placement on the permanent panel shall be approved by a resolution or ordinance by the City Council. Any qualified person can be added to the permanent panel at any time. Persons on the panel shall remain on the panel for a term of six (6) years, and may be reappointed, provided that the members of the initial panel shall be appointed to terms of varying lengths not to exceed six (6) years. Any person on the permanent panel may be removed by passage of a resolution or ordinance by the City Council unless that person has been selected to conduct a hearing concerning a particular dispute pursuant to paragraph (E) of this Section, and then that person can only be removed after issuing a decision in that dispute. (D) Each person put on the permanent panel shall sign an oath to uphold the terms of this Section. (E) After expiration of the 30-day time period referred to in Section 9.7.6, the sole and exclusive agent or the Corporate Authorities may request the list of names from the City Clerk, and the City Clerk shall submit a list with the names of all members of the permanent panel to the sole and exclusive agent and the Corporate Authorities within 5 (five) days. Within ten (10) days of receipt of this list, the sole and exclusive agent and the Corporate Authorities shall meet and alternatively strike one name from the list until one name remains (if the panel has an odd number of names) or two names remain (if the panel has an even number of names). If one name remains, that person shall be the arbitrator for that dispute. If two names remain, the Mayor shall select one of those two names to be the arbitrator for that dispute. The Mayor's selection must take place within five (5) days of the completion of the striking process by the sole and exclusive agent and the Corporate Authorities. The determination of whether the sole and exclusive agent or the Corporate Authorities strikes first shall be done by flip of a coin. (F) Nothing herein shall be construed to prevent the sole and exclusive agent and the Corporate Authorities from agreeing to an arbitrator from the permanent panel. (Charter 1960, C5.80-6; amended June 15, 1971; amended May 15, 1979; Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.8 Hearings.

§ 9.7.8 - Hearings. (A) The arbitrator shall call a hearing to begin within twenty-five (25) days of selection and shall give at least ten (10) days' notice in writing to the sole and exclusive agent and the Corporate Authorities of the time and place of such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all oral or documentary evidence and other data deemed competent and relevant by the arbitrator shall be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relating to or pertinent to the issues presented for determination. (B) The hearing conducted by the arbitrator shall be concluded within seven (7) days of the time of commencement. Within five (5) days following the conclusion of the hearing, the parties may, if they deem necessary, submit written briefs to the arbitrator. Within ten (10) days of receipt of such briefs, or within ten (10) days after the conclusion of the hearing if no post-hearing briefs are filed, the arbitrator shall make written findings and conclusions setting forth the basis of the arbitrator's decision on the issues presented, a copy of which shall be delivered to the sole and exclusive agent and the Corporate Authorities in the same manner on the same date. The written findings and conclusions shall be reached in accordance with the provisions of Section 9.7.10. (Charter 1960, C5.80-7; amended June 15, 1971; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.9 Factors to be considered by the arbitrator.

§ 9.7.9 - Factors to be considered by the arbitrator. The arbitrator shall conduct the hearing and render his or her decision with due consideration of the need for a prompt, peaceful and just settlement of all unresolved issues between the sole and exclusive agent and the Corporate Authorities. The arbitrator may apply the standards commonly used in interest disputes but shall rely predominantly on the following in arriving at a decision: (A) The interests and welfare of the public and the financial ability of the City to bear the costs involved; (B) The lawful authority of the City; (C) Stipulations of the parties; (D) Comparison of the compensation, fringe benefits, hours, and other terms and conditions of employment of firefighters with other public employees performing comparable services in comparable communities nationally and locally. However, while the arbitrator may consider such comparisons in making a decision, in no event shall the arbitrator make an award that is indexed or otherwise expressed as a relationship to compensation, a fringe benefit, or the number of hours in the work week of any other employee or employees who are not members of the Denver Fire Department; and (E) The cost of living. (Charter 1960, C5.80-8; amended May 15, 1979; Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.10 Final offer Procedure.

§ 9.7.10 - Final offer Procedure. The Corporate Authorities and the sole and exclusive agent shall submit to the arbitrator final offers on each issue on which there was not agreement. The award of the arbitrator on each issue shall be the final offer of the Corporate Authorities or the final offer of the sole and exclusive agent. The arbitrator shall state the reasons for the award in writing in accordance with Section 9.7.8(B). (Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.11 Finality of the arbitrator's decision.

§ 9.7.11 - Finality of the arbitrator's decision. (A) Except as provided in this subdivision, the decision of the arbitrator shall be final and binding on the sole and exclusive agent and the Corporate Authorities; provided that the arbitrator's decision shall be binding only for the term of the contract. Nothing herein shall prohibit the parties from agreeing to terms different from the decision of the arbitrator as long as such agreements are made within fifteen (15) days after receipt of the arbitrator's decision. (B) The arbitrator's decision shall be subject to court review only pursuant to the terms of this subdivision. Any party desiring court review must file suit in District Court no later than thirty (30) days after the date of the arbitrator's decision. Failure to file suit within this time frame shall waive the right to appeal the decision. A party may appeal to the District Court only on the following grounds: (i) The award was procured by corruption, fraud or other similar wrongdoing; or (ii) The decision on any issue is arbitrary and capricious, to wit, there is no competent evidence in the record to support the decision; or (iii) The decision on any issue was reached without considering the factors listed in Section 9.7.9 hereof; or (iv) The award of the arbitrator on an issue was not the final offer of the Corporate Authorities or the final offer of the agent. The court shall not conduct de novo review except to determine whether the award was procured by corruption, fraud or other similar wrongdoing. If the court determines that the award was procured by corruption, fraud or other similar wrongdoing, the entire award shall be vacated and the matter shall be remanded back to a different arbitrator selected pursuant to the terms of 9.7.7(E) hereof. The arbitrator who issued the award determined to be procured by corruption, fraud or other similar wrongdoing shall no longer be deemed qualified to be on the permanent panel of arbitrators, shall cease to be a member of the panel and shall not be eligible for reappointment to the permanent panel. If the court determines that the arbitrator's decision on any issue is arbitrary and capricious, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the sole and exclusive agent or the Corporate Authorities so desires and, with or without a new hearing, to issue a new decision on that issue which is based on some competent evidence in the record. If the court determines that the arbitrator's decision on any issue was reached without considering the factors listed in Section 9.7.9 hereof, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the sole and exclusive agent or the Corporate Authorities so desires and, with or without a new hearing, to issue a decision which considers the factors listed in Section 9.7.9 hereof as the arbitrator deems proper. If the court determines that the arbitrator's decision did not accept the final offer of either the Corporate Authorities or the sole and exclusive agent on an issue, the court shall remand the issue to the arbitrator with instructions to accept the final offer of either the Corporate Authorities or the sole and exclusive agent. (Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.12 Fees and expenses of arbitration.

§ 9.7.12 - Fees and expenses of arbitration. One-half of the necessary fees and necessary expenses of arbitration (excluding all fees and expenses incurred by either party in the preparation or presentation of its case) shall be borne by the City and one-half shall be borne by the sole and exclusive agent. (Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.13 Strikes.

§ 9.7.13 - Strikes. The protection of the public health, safety and welfare demands that neither the sole and exclusive agent of the Firefighters, nor the Firefighters, nor any person acting in concert with them, will cause, sanction, or take part in any strike, walkout, sitdown, slowdown, stoppage of work, picketing, retarding of work, abnormal absenteeism, withholding of services, or any other interference with the normal work routine. Violation of any provision of this Section by the sole and exclusive agent of the firefighters shall be cause for the City and County of Denver to terminate a collective bargaining agreement with said agent upon giving written notice to that effect to the chief representative of said agent, in addition to whatever other remedies may be available to the City and County of Denver at law or in equity. Violation of any provision of this Section by any Firefighters shall be just cause for the immediate dismissal of said Firefighter, in addition to whatever other remedies may be available to the City and County of Denver at law or in equity. No Firefighter shall receive any portion of his or her salary while engaging in activity in violation of this Section. (Charter 1960, C5.80-9; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.14 Collective bargaining agreement; what constitutes.

§ 9.7.14 - Collective bargaining agreement; what constitutes. (A) The collective bargaining agreement between the City and the sole and exclusive agent shall consist of any and all terms actually agreed to by the parties or awarded by the arbitrator. At the request of either the sole and exclusive agent or the Corporate Authorities, the agreement shall contain a grievance procedure which culminates in final and binding arbitration by a neutral arbitrator. The grievance procedure may be established by voluntary agreement or by the arbitrator. Any collective bargaining agreement negotiated under the terms and provisions of this Part 7 shall specifically provide that the Fire Fighters who are subject to its terms shall have no right to engage in any work stoppage, slowdown, mass absenteeism, or strike, the consideration for such provision being the right to a resolution of disputed questions as provided herein. (B) Whenever there is a conflict between the terms of the agreement and a rule, executive order, procedure, policy, or any ordinance of the City, which is applicable only to employees of the City, the provisions of the agreement shall prevail. (Charter 1960, C5.80-10; amended May 15, 1979; Ord. No. 907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.15 Duty to Meet and Bargain Collectively.

§ 9.7.15 - Duty to Meet and Bargain Collectively. (A) Whenever an employee organization has been certified pursuant to the provisions of this Part 7 as the sole and exclusive agent of the Fire Fighters, such employee organization and the employer shall meet at reasonable times and bargain collectively in good faith. Written notice of the intent of the sole and exclusive agent of the Fire Fighters to bargain must be received by the employer no later than March 1 of the year preceding the year in which a contract is to become effective. Any collective bargaining agreement reached shall be reduced to writing and shall become effective only after ratification of the agreement by enactment of resolution or ordinance and ratification by the membership of the employee organization. The obligations of this Subsection (A) shall not compel either party to agree to a proposal or to make a concession. (B) Multiyear collective bargaining contracts shall be fully enforceable notwithstanding any other provisions of this Charter. Further, upon a showing that all administrative remedies have been exhausted, the provisions of collective bargaining agreements shall be enforceable in a court of competent jurisdiction in accordance with the Colorado Rules of Civil Procedure as they pertain to review of administrative actions. (C) All time limits for action contained in this Part 7, other than the times for requesting bargaining set forth in this subdivision, may be waived by mutual consent of the parties. (Charter 1960, C5.80-11; added May 15, 1979; Ord. No. 907-24, § 1, 7-29-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.7.16 Transition provision.

§ 9.7.16 - Transition provision. The following Sections with respect to Firefighters shall remain in full force and effective until such time as the terms and provisions of such Sections may be modified or changed by the terms of the collective bargaining contract or contracts, provided, however, that such contract or contracts as they may modify or change said Sections shall in no way lessen, lower, diminish or reduce the benefits, salaries or other entitlements that said Sections provide on the date of the adoption of this amendment; any portion of a collective bargaining contract that has the effect prohibited herein shall be void: 9.5.6, 9.5.6(A), 9.5.6(B), 9.5.6(D), 9.5.7, 9.5.7(A), 9.5.7(B), 9.5.7.(C), 9.5.8, 9.5.9, 9.5.4(A), 9.5.4(C), 9.5.4(D), and 9.4.10. (Charter 1960, C5.47-1; amended June 15, 1971; Ord. No. 138-03, § 1, 2-24-03, elec. 5-6-03; Ord. No. 907-24, § 1, 7-29-24, 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_PT7COBAFIFetched: 10/27/2026