(1) The certified employee organization or the state may seek judicial review of the division's decisions or orders on classification of covered employees under section 24-50-1106 (4); representation or decertification petitions under section 24-50-1106; division decisions on unfair labor practice charges under section 24-50-1113 (3); or rules or regulations issued by the division under this part 11, in the manner and with the effect provided in the "State Administrative Procedures Act", article 4 of this title 24, and rules promulgated thereunder.
(2) (a) The certified employee organization or the state may seek judicial review of an arbitrator's decision on a partnership agreement grievance pursuant to section 24-50-1112 (4) in a district court in the city and county of Denver.
(b) The arbitrator's decision shall be enforced and the parties shall comply with the decision and award unless the district court concludes that:
(I) The decision and award was procured by corruption, fraud, or undue means;
(II) The arbitrator exceeded his or her authority;
(III) The decision and award did not draw its essence from the partnership agreement; or
(IV) The decision and award violated public policy, that the arbitrator engaged in manifest disregard of the law, or that the arbitration denied the parties a fundamentally fair hearing.
Source: L. 2020: Entire part added, (HB 20-1153), ch. 109, p. 437, § 2, effective June 16.
ANNOTATION
The State Administrative Procedure Act (APA) does not conflict with, but rather supplements, the appeal procedures set forth in this act. The APA fills the procedural gap left by this act when the division assigns a hearing officer to decide an appeal of the state personnel director's coverage decision under subsection (1) of this section and § 24-50-1106 (4). Colo. Workers for Innovative v. Gherardini, 2023 COA 80, 540 P.3d 950.
Nothing in this act or the division of labor standards and statistics' organic statute authorizes the division to promulgate a rule that deprives a party of its right to appeal a hearing officer's decision via the exceptions procedure provided in § 24-4-105 (14)(a)(II). Colo. Workers for Innovative v. Gherardini, 2023 COA 80, 540 P.3d 950.