Save my progress and resume later | Resume a previously saved form

Resume Later

In order to be able to resume this form later, please enter your email and choose a password.

Your Email:

A Password:

Confirm Password:

Password must contain the following:

12 Characters
1 Uppercase letter
1 Lowercase letter
1 Number
1 Special character

Unfair Labor Practice Complaint

What is an Unfair Labor Practice?

Simply put, an unfair labor practice (ULP) is a violation of rights protected by statute. The Division of Labor Standards and Statistics (Division) in the Colorado Department of Labor and Employment administers and enforces several laws protecting employee rights to voice concerns, address employment conditions or issues (e.g., pay, work schedules, or safety concerns), and assist labor or employee organizations (aka unions) free from retaliation or interference by employers. All unfair labor practice complaints must be received by the Division within six months after the date on which the aggrieved party knew or reasonably should have known of the alleged unfair labor practice. Although some employment-related activities or practices may be viewed as unfair, they may not fall within the Division’s jurisdiction if not specifically prohibited or addressed by the applicable statute.

NOTE: Most private sector employers and employees are covered by the National Labor Relations Act (NLRA) and under the jurisdiction of the National Labor Relations Board (NLRB), which is a federal agency vested with the power to prevent and remedy unfair labor practices. Charges must be filed with the NLRB within six months from the alleged unfair labor practice. Given the six-month time limitation, the aggrieved party may want to file charges with both the NLRB and our Division. For additional information, contact the NLRB Denver Regional Office at (303) 844-3551 or visit www.nlrb.org to file your charge.

Labor Peace Act (LPA):

Under the Labor Peace Act (LPA), C.R.S. § 8-3-101 et seq., a complaint alleging unfair labor practices may be filed with the Division by a covered employee, employer, or a labor organization. C.R.S. § 8-3-108 states specific “unfair labor practices” prohibited by the LPA and generally includes failure to comply with any provision of the statute. Labor Peace and Industrial Relations (LPIR) Rule 6 outlines the process for filing an unfair labor practice, as well as the procedures for investigation, determination, and remedies in the event of a violation. For guidance, refer to the Labor Peace Act and Industrial Relations (LPIR) Rules and INFO #15A.

Colorado Partnership for Quality Jobs & Services Act (Partnership Act)

Under the Colorado Partnership for Quality Jobs and Services Act (Partnership Act), C.R.S. § 24-50-1101 et seq., a complaint alleging unfair labor practices may be filed with the Division by a covered state employee, an employee organization, or the State of Colorado. The Partnership Act outlines the rights of covered employees, the rights and duties of the certified employee organization, and the duties of the state. A violation of these rights and responsibilities or any failure to comply with the Partnership Act may constitute an unfair labor practice. State Labor Relations (SLR) Rule 4 outlines the process for filing an unfair labor practice complaint, as well as the procedures for investigation and determination. For guidance, refer to the State Labor Relations (SLR) Rules and INFO #15A.

Collective Bargaining by County Employees Act (COBCA):

Under the Collective Bargaining by County Employees Act (COBCA), C.R.S. § 8-3.3-101 et seq., a complaint alleging unfair labor practices may be filed with the Division by a county employee, a covered county, or an employee organization. C.R.S. § 8-3.3-115 states the specific unfair labor practices that are prohibited and generally includes failure to comply with any of the requirements stated in the statute. COBCA Rule 5 outlines the process for filing an unfair labor practice complaint with the Division, as well as the procedures for investigation, determination, and remedies in the event of a violation. For guidance, refer to the COBCA Rules and INFO #15B.

Protections for Public Workers Act (PROPWA):

Under the Protections for Public Workers Act (PROPWA), C.R.S. § 29-33-101 et seq., a complaint alleging unfair labor practices may be filed with the Division by an aggrieved party against a covered public employer or an employee organization. C.R.S. § 29-33-103(7) defines an “[u]nfair labor practice” as “a violation of the rights or obligations described in this Article 33.” C.R.S. § 29-33-104 states specific rights of public employees guaranteed by PROPWA. PROPWA Rule 5 outlines the process for filing an unfair labor practice, as well as the procedures for investigation, determination, and remedies in the event of a violation. For guidance, refer to the PROPWA Rules and INFO #15C.

If your alleged unfair labor practice is not covered by one of the Colorado labor laws enforced by the Division, you may be able to file a complaint with the National Labor Relations Board (NLRB). For more information, visit www.nlrb.org or call the NLRB Denver Regional Office at (303) 844-3551. Otherwise, contact an attorney who specializes in labor-employment relations.

Select the law that applies to your alleged unfair labor practice.

Labor Peace Act (LPA)Colorado Partnership for Quality Jobs and Services Act Collective Bargaining by County Employees Act (COBCA)Protections for Public Workers Act (PROPWA)

To request a reasonable accommodation, or this form in an alternate accessible format, please refer to our department's Accessibility website and complete the Accessibility Feedback Form .

User ID
	Account Id

Unfair Labor Practice Complaint

Charging Party

Who is a Charging Party?

The charging party is an individual or entity who has been aggrieved and may file an unfair labor practice complaint according to Colorado law.

Charging Party (select one)

EmployeeEmployee Organization or Labor Organization (Union)Employer

First Name	Last Name
Mailing Address	City
State	Zip Code
Email Address e.g.(@somplace.com)	Telephone Number e.g. XXX-XXX-XXXX

Employee Organization or Labor Organization Name

Include Local# or Lodge#, if applicable.

First Name of Person Completing the Form	Last Name
Mailing Address	City
State	Zip Code
Email Address e.g.(@somplace.com)	Telephone Number e.g. XXX-XXX-XXXX

Employing Entity Name

First Name of Person Completing the Form	Last Name
Mailing Address	City
State	Zip Code
Email Address e.g.(@somplace.com)	Telephone Number e.g. XXX-XXX-XXXX

Note: If multiple parties wish to file a complaint against the same respondent, each party will need to file a separate complaint, even if the allegations are the same.

Authorized Representative

Who is an Authorized Representative?

An authorized representative is an individual or an entity who may assist you in filing an unfair labor practice complaint and who may represent you in the complaint process including authority to receive and give information or documents to the Division. An authorized representative can be an attorney, an organization, a relative, or a friend.

Do you have an authorized representative you wish to represent you?

YesNo

Authorized Representative Information

Representing	Title
First Name	Last Name
Authorized Rep Relationship	Name of Organization

Mailing Address (Street/PO Box)

City	State
Zip Code	Telephone Number e.g. XXX-XXX-XXXX
Email Address e.g.(@somplace.com)	Fax Number

By adding this Authorized Representative, I agree to allow this individual or entity to represent me in the complaint process and authorize the Division to interact with the individual/entity listed as my authorized representative.

To add another Authorized Representative, click on the link below.
You can only add two authorized representatives to this form.

Unfair Labor Practice Complaint

Respondent

Who is the Respondent?

The respondent is an entity that may be charged by an aggrieved party with committing an unfair labor practice under Colorado law.

The respondent is an individual or an entity that may be charged by an aggrieved party with committing an unfair labor practice under the Labor Peace Act.

Type of entity the charges are being filed against (Select one):

EmployeeEmployee Organization or Labor Organization (Union)Employer

Type of entity the charges are being filed against (Select one):

Employee Organization or Labor Organization (Union)Employer

First Name	Last Name
Mailing Address	City
State	Email Address e.g.(@somplace.com)
Zip Code	Telephone Number e.g. XXX-XXX-XXXX

Employee Organization or Labor Organization Entity Name

Include Local# or Lodge#, if applicable.

Entity Representative First Name	Last Name
Mailing Address	City
State	Zip Code
Email Address e.g.(@somplace.com)	Telephone Number e.g. XXX-XXX-XXXX

Employing Entity Name

Entity Representative First Name	Last Name
Mailing Address	City
State	Zip Code
Email Address e.g.(@somplace.com)	Telephone Number e.g. XXX-XXX-XXXX

To file a claim against another respondent, you will need to submit a separate claim, even if the allegations are the same.

Unfair Labor Practice Complaint

Description of the Alleged Unfair Labor Practices

Statement of the Charge: The charging party hereby alleges that the above-named respondent has engaged in (an) unfair labor practice(s) within the meaning of the Labor Peace Act. To the extent that you can, please indicate which Section(s) of C.R.S. § 8-3-108 you believe were violated to help the Division understand whether your allegations fall within the LPA:

C.R.S. § 8-3-108 (1) It is an unfair labor practice for an employer, individually or in concert with others, to:

(a) Interfere with, restrain, or coerce his employees in the exercise of the rights guaranteed in section 8-3-106;(b) Initiate, create, dominate, or interfere with the formation or administration of any labor organization or contribute financial support to it; except that an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for time spent conferring with him, nor from cooperating with representatives of at least a majority of his employees in a collective bargaining unit, at their request, by permitting employee organizational activities on employer premises or the use of employer facilities where such activities or use create no additional expense to the employer;(c)(I)Encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment.(d) Refuse to bargain collectively with the representatives of his employees in any collective bargaining unit; except that where an employer with reasonable cause files with the division a petition requesting a determination as to bargaining unit representation, he shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to him by the director;(e) Enter into an all-union agreement except in the manner provided in paragraph (c) of this subsection (1);(f) Violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award;(g) Refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination, after appeal, if any, of any tribunal having competent jurisdiction of the same or whose jurisdiction the employer has accepted;(h) Discharge or otherwise discriminate against an employee because he has filed charges or given information or testimony in good faith under the provisions of this article;(i) Deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally and terminable at any time by the employees giving at least thirty days written notice of such termination;(j) Employ any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this article;(k) Make, circulate, or cause to be circulated a blacklist as described in section 8-2-110;(l) Commit any crime or misdemeanor in connection with any controversy as to employment relations;(m) Require a potential employee to furnish preemployment application information regarding said applicant's record of civil or military disobedience, unless any such matters resulted in a plea of guilty or a conviction by a court of competent jurisdiction.

C.R.S. § 8-3-108 (2) It is an unfair labor practice for an employee, individually or in concert with others, to:

(a) Coerce or intimidate an employee in the enjoyment of his legal rights, including those guaranteed in section 8-3-106, or to intimidate his family or any member thereof, picket his domicile, or injure the person or property of such employee or his family or of any member thereof;(b) Coerce, intimidate, or induce any employer to interfere with any of his employees in the enjoyment of their legal rights, including those guaranteed in section 8-3-106, or to engage in any practice with regard to his employees which would constitute an unfair labor practice if undertaken by him on his own initiative;(c) Violate the terms of a collective bargaining agreement, including an agreement to accept an arbitration award;(d) Refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination, after appeal, if any, of any tribunal having competent jurisdiction of the same or whose jurisdiction the employees or their representatives accepted;(e) Cooperate in engaging in, promoting, or inducing picketing, boycotting, or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike;(f) Hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of any kind, the pursuit of any lawful work or employment; or to obstruct or interfere with entrance to or egress from any place of employment; or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance; (g) Engage in a secondary boycott, or to hinder or prevent, by threats, intimidation, force, coercion, or sabotage, the obtaining, use, or disposition of materials, equipment, or services, or to combine or conspire to hinder or prevent, by any means whatsoever, the obtaining, use, or disposition of materials, equipment, or services;(h) Take, retain, or remain in unauthorized possession of property or any part thereof of the employer, or to engage in any concerted effort to interfere with production, except by leaving the premises in an orderly manner for the purpose of going on strike;(i) Engage in a sit-down strike on the premises or property of the employer;(j) Fail to give the notice of intention to strike provided in section 8-3-113;(k) Commit any crime or misdemeanor in connection with any controversy as to employment relations;(l) Demand or require any stand-in employee to be hired or employed by an employer, or to demand or require that the employer employ or pay for an employee to stand by or stand in for work being done by other employees, or to require the employer to employ or pay for any employee not required by the employer or necessary for the work of the employer;(m) Do or cause to be done, on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by subsections (1) and (2) of this section.

C.R.S. § 8-3-108 (3) It is an unfair labor practice for an employee, individually or in concert with others, or for a labor organization or any of its agents to:

(a) Induce or encourage the employees of an employer to engage in a strike or concerted refusal in the course of their employment, or by any means to force or require an employer or any one or more employees to refrain from or prevent the use of any material, device, tool, or equipment intended or calculated to reduce the cost of the work;(b) Require or force an employer to use any materials or do any work or render any service in connection with any task, job, work, or service as a condition of using any labor-saving device, equipment, tool, or instrument in the performance of such task, job, work, or service;(c) Impose on any employee any fine, penalty, or forfeiture because such employee has used, is using, or has attempted to use a labor-saving device;(d)(I) Engage in or induce or encourage employees of any employer to engage in a strike or concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any service where an object thereof is forcing or requiring any employer to assign particular work to employees in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class unless such employer is failing to conform to an order of the director or certification determining the bargaining representative for employees performing such work; but nothing contained in this subsection (3) shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer).

(4) It is an unfair labor practice to do or cause to be done, on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by subsections (1), (2), and (3) of this section.

Other Labor Peace Act sections (please specify).

Before completing this section, please refer to Sections 24-50-1107 through 24-50-1112 of the Act for a description of the unfair labor practices the Division has the authority to investigate.

Statement of the Charge: The charging party hereby alleges that the above-named respondent has engaged in (an) unfair labor practice(s) within the meaning of the Colorado Partnership for Quality Jobs and Services Act. To the extent that you can, please indicate which Section(s) of the Act you believe were violated to help the Division understand whether your allegations fall within the Act:

C.R.S. § 24-50-1107C.R.S. § 24-50-1108C.R.S. § 24-50-1109C.R.S. § 24-50-1111C.R.S. § 24-50-1112Other Colorado Partnership for Quality Jobs & Services Act sections (please specify).

The charging party alleges that the above-named respondent has engaged in (an) unfair labor practice(s) within the meaning of the Collective Bargaining by County Employees Act. To the extent you can, please indicate which subsections of C.R.S. § 8-3.3-115 you believe were violated to help the Division understand whether your allegations fall within COBCA.

(1) A county or exclusive representative shall not refuse to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment, including refusing to cooperate in any impasse procedure resolution.

(2) A county, its representatives, its agents, or anyone acting on behalf of the county shall not:

(a) discriminate against, coerce, intimidate, interfere with, or impose reprisals against, or threaten to discriminate against, coerce, intimidate, interfere with, or impose reprisals against, any county employee for forming or assisting an employee organization or expressing the county employee's views regarding county employee representation or workplace issues or the rights granted to the county employee in this article 3.3;(b) deter or discourage county employees or county employee applicants from becoming or remaining members of an employee organization or from authorizing payroll deductions for dues or fees to an employee organization;(c) use any public funds or official position to support or oppose an employee organization;(d) dominate or interfere in the administration of an employee organization;(e) discharge or discriminate against a county employee because the county employee has filed an affidavit, petition, or complaint or given any information or testimony pursuant to this article 3.3 or a collective bargaining agreement or chosen to be represented by an exclusive representative;(f) deny the rights accompanying certification as the exclusive representative pursuant to this article 3.3;(g) collectively bargain in regard to matters covered by this article 3.3 with a county employee or group of county employees in the bargaining unit or an employee organization purportedly representing the county employees in a bargaining unit other than the exclusive representative;(h) disclose to a private entity, other than the exclusive representative, personally identifiable information about county employees within the bargaining unit that is exempt from disclosure pursuant to law; or(i) otherwise fail to comply with the requirements of this article 3.3.

(3) (a) an employee organization or exclusive representative shall not:

(I) interfere with, restrain, or coerce a county employee with respect to the rights granted in this article 3.3 or with respect to selecting an exclusive representative; (II) willfully or deliberately fail to fairly represent a county employee who is in a bargaining unit exclusively represented by the employee organization in the negotiation or enforcement of the terms of a collective bargaining agreement; or (III) otherwise fail to comply with the requirements of this article 3.3.

3.3-115(5) The expression of any personal view, argument, or opinion by an elected official must not be considered a violation of this section unless the expression contains a threat of reprisal or promise of a benefit or is made under coercive conditions. Representatives of counties may correct the record with respect to any false or misleading statement made by any person, publicize the fact of a representation election, and encourage county employees to exercise their right to vote in the election.

3.3-115 (6)(a) An exclusive representative certified or deemed certified in accordance with this article 3.3 shall not threaten, facilitate, support, or cause a county employee to participate in the following: article 3 .3. (I) a strike; (II) a work stoppage; (III) a work slowdown; (IV) a group sick out; or (V) an action that disrupts, on a widespread basis, the day-to-day functioning of a county.

Other Collective Bargaining by County Employees Act Violation(s)

Statement of the Charge: The charging party hereby alleges that the above-named respondent has engaged in (an) unfair labor practice(s) within the meaning of the Protections for Public Workers Act. To the extent that you can, please indicate which subsection(s) of C.R.S. § 29-33-104 you believe were violated to help the Division understand whether your allegations fall within the PROPWA:

C.R.S. § 29-33-104(1) except as provided in subsection (2) of this section, a public employee has the right to:

(a) Discuss or express the public employee's views regarding public employee representation, workplace issues, or the rights granted to the public employee in this article 33.

(b) Engage in protected, concerted activity for the purpose of mutual aid or protection.

(c)(I) Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern.

(c)(II) Fully participate in the political process while off duty and not in uniform, including engaging in other political activities in the same manner as other citizens of Colorado, without discrimination, intimidation, or retaliation.(d) Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization.

C.R.S. § 29-33-104

(2) A public employer described in section 29-33-103 (6)(h) may limit the rights of an employee described in 29-33-104 (1)(c) to the extent necessary to maintain the nonpartisan role of the employer.

C.R.S. § 29-33-104(3) A public employer shall not:

(a) A public employer shall not discriminate against, coerce, intimidate, interfere with, or impose reprisals against, or threaten to discriminate against, coerce, intimidate, interfere with, or impose reprisals against, any public employee for engaging in any of the rights described in this article 33.(b) A public employer shall not dominate or interfere in the administration of an employee organization.(c) A public employer shall not discharge or discriminate against a public employee because the public employee has filed an affidavit, petition, or complaint or given any information or testimony pursuant to this article 33, or because the public employee has formed, joined, assisted, or chosen to be represented by an employee organization.

Other Protections for Public Workers Act Sections

Please explain the "Other" unfair labor practice allegation.

Unfair Labor Practice Complaint

Basis of the Charge

Date(s) of alleged unfair labor practice(s)

Date you were made aware of the alleged unfair labor practice.

MM/DD/YYYY

Name(s) of individual(s) involved.

Please describe what happened in a clear and concise statement.

RELIEF OR REMEDY SOUGHT BY THE CHARGING PARTY - State what you ask the Division to order if it finds that an unfair labor practice occurred.

Unfair Labor Practice Complaint

Upload Supporting Documents

Please attach all documents you have that will help the Division understand your complaint.

Do you want to add files ?

YesNo

Please upload any other files that are relevant to the ULP Complaint. Please note that file names should not include special characters such as colons (:). Adding a file with a colon in the name will result in the failure of the claim submission.

By typing my name below, I declare under penalty of perjury, § 18-8-501 et seq., C.R.S. that the information I have provided is true and correct.

I agree with the statement above.

Date

MM/DD/YYYY

Save my progress and resume later | Resume a previously saved form

CDLE Accessibility Statement