Judicial review.

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(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 24-501106; 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:

  1. The decision and award was procured by corruption, fraud, or undue means;

  2. The arbitrator exceeded his or her authority;

  3. The decision and award did not draw its essence from the partnership agreement; or

  4. 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.


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