Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-1056.01 Kristen Forrestal x4217
SENATE BILL 22-230
Senate Committees House Committees
Business, Labor, & Technology
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE EXPANSION OF COUNTY EMPLOYEES ' RIGHTS TO101
COLLECTIVE BARGAINING , AND, IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Beginning January 1, 2023, the bill grants the public employees of
a county the right to:
! Organize, form, join, or assist an employee organization or
refrain from doing so;
! Engage in collective bargaining;
SENATE
Amended 2nd Reading
April 29, 2022
SENATE SPONSORSHIP
Fenberg and Moreno, Bridges, Buckner, Coleman, Danielson, Fields, Ginal, Gonzales,
Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Pettersen, Rodriguez, Story, Winter,
Zenzinger
HOUSE SPONSORSHIP
Esgar, Bacon, Benavidez, Cutter, Froelich, Garnett, Gonzales-Gutierrez, Jodeh, Kennedy,
Lindsay, Lontine, Ortiz, Sullivan, Titone
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Engage in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection;
! Communicate with other county employees and with
employee organization representatives and receive and
distribute literature regarding employee organization
issues; and
! Have an exclusive representative at formal discussions
concerning a grievance, a personnel policy or practice, or
any other condition of employment.
The bill clarifies that county employees may participate fully in the
political process.
Additionally, the bill:
! Grants the exclusive representative of county employees
the right to access public employees at work, through
electronic communication, and through other means,
including employee orientations;
! Requires counties to honor county employee authorizations
for payroll deductions for the exclusive representative;
! Clarifies that specific rights of county employers are not
impaired unless otherwise agreed to in a collective
bargaining agreement;
! Requires the director of the division of labor standards and
statistics in the department of labor and employment
(director) to enforce, interpret, apply, and administer the
provisions of the bill, and, in doing so, to hold hearings and
impose administrative remedies;
! Authorizes the director or any party of interest to request a
district court to enforce orders made pursuant to the bill;
! Sets forth the process by which an employee organization
is certified and decertified as the exclusive representative
of county employees;
! Sets forth the process by which an appropriate bargaining
unit is determined; and
! Requires the county and the exclusive representative to
collectively bargain in good faith.
The bill states that the collective bargaining agreement is an
agreement negotiated between an exclusive representative and a county
that must:
! Be for a term of at least 12 months and not more than 60
months; and
! Provide a grievance procedure that culminates in final and
binding arbitration.
The bill prohibits a collective bargaining agreement from:
! Delaying the prompt interviewing of county employees
under investigation;
230
-2- ! Permitting a public employee to use paid time for a
suspension from employment;
! Permitting the expungement of disciplinary records under
certain circumstances; and
! Imposing limits on the period of time for which a county
employee may be disciplined for incidents of violence.
The bill describes the dispute resolution process that the exclusive
representative and a county must follow if an impasse arises during the
negotiation of a collective bargaining agreement.
The bill sets forth the actions taken during the collective
bargaining process by a county or an exclusive representative that are
unfair labor practices.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) It is the purpose of this act to promote harmonious, peaceful,4
and cooperative relationships between counties and county employees in5
the state of Colorado;6
(b) The creation of a statutory framework that recognizes the7
rights of county employees to join organizations of their own choosing,8
to be represented by those organizations, and to collectively bargain with9
their employer over wages, hours, and other terms and conditions of their10
employment will improve the delivery of public services in the state of11
Colorado; and12
(c) Collective bargaining for county employees is a matter of13
statewide concern that affects public safety and general welfare.14
SECTION 2. In Colorado Revised Statutes, add article 3.3 to title15
8 as follows:16
ARTICLE 3.317
Collective Bargaining by County Employees18
8-3.3-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 3.3 IS19
230-3- THE "COLLECTIVE BARGAINING BY COUNTY EMPLOYEES ACT".1
8-3.3-102. Definitions. A
S USED IN THIS ARTICLE 3.3, UNLESS THE2
CONTEXT OTHERWISE REQUIRES :3
(1) "B
ARGAINING UNIT" MEANS A GROUP OF COUNTY EMPLOYEES4
IN A UNIT DEEMED APPROPRIATE FOR THE PURPOSE OF COLLECTIVE5
BARGAINING IN ACCORDANCE WITH SECTION 8-3.3-110; EXCEPT THAT A6
BARGAINING UNIT DOES NOT INCLUDE :7
(a) A
CONFIDENTIAL EMPLOYEE;8
(b) A
MANAGERIAL EMPLOYEE ;9
(c) A
N EXECUTIVE EMPLOYEE; OR10
(d) T
EMPORARY, INTERMITTENT, OR SEASONAL EMPLOYEES WHO11
WORK LESS THAN NINETY DAYS IN A THREE -HUNDRED-SIXTY-FIVE-DAY12
PERIOD.13
(2) "C
OLLECTIVE BARGAINING" OR "COLLECTIVELY BARGAIN"14
MEANS THE PERFORMANCE OF THE MUTUAL OBLIGATION OF A COUNTY
AND15
AN EXCLUSIVE REPRESENTATIVE TO :16
(a) M
EET AT REASONABLE TIMES AND PLACES AND NEGOTIATE IN17
GOOD FAITH WITH RESPECT TO WAGES , HOURS, AND OTHER TERMS AND18
CONDITIONS OF EMPLOYMENT ;19
(b) R
ESOLVE QUESTIONS ARISING UNDER A COLLECTIVE20
BARGAINING AGREEMENT THROUGH A NEGOTIATED GRIEVANCE21
PROCEDURE CULMINATING IN FINAL AND BINDING ARBITRATION ; AND22
(c) E
XECUTE A WRITTEN CONTRACT INCORPORATING ANY23
AGREEMENTS REACHED .24
(3) "C
OLLECTIVE BARGAINING AGREEMENT " MEANS AN25
AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND26
A COUNTY, INCLUDING AN AGREEMENT REACHED THROUGH AN IMPASSE27
230
-4- RESOLUTION PROCESS PURSUANT TO SECTION 8-3.3-114.1
(4) "C
OMPENSATION" MEANS:2
(a) B
ASE WAGE OR SALARY;3
(b) A
NY FORM OF DIRECT MONETARY PAYMENTS ;4
(c) H
EALTH, ACCIDENT, LIFE, AND DISABILITY INSURANCE;5
(d) P
ENSION PROGRAMS;6
(e) P
AID TIME OFF;7
(f) U
NIFORM AND EQUIPMENT ALLOWANCES ; AND8
(g) E
XPENSE REIMBURSEMENT .9
(5) "C
ONFIDENTIAL EMPLOYEE" MEANS A PERSON WHO IS:10
(a) R
EQUIRED TO DEVELOP OR PRESENT MANAGEMENT POSITIONS
11
WITH RESPECT TO EMPLOYER -EMPLOYEE RELATIONS OR WHOSE DUTIES12
NORMALLY REQUIRE ACCESS TO CONFIDENTIAL INFORMATION THAT IS13
USED TO CONTRIBUTE SIGNIFICANTLY TO THE DEVELOPMENT OF THE14
MANAGEMENT POSITIONS ; OR15
(b) E
MPLOYED AS AN ATTORNEY BY THE COUNTY AND WHOSE16
DUTIES ARE TO PROVIDE DIRECT LEGAL COUNSEL REGARDING THE17
APPLICATION, INTERPRETATION, OR ENFORCEMENT OF THIS ARTICLE 3.3.18
(6) (a) "C
OUNTY" MEANS A COUNTY IN THIS STATE.19
(b) "C
OUNTY" DOES NOT INCLUDE:20
(I) A
CITY AND COUNTY;21
(II) T
HE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE22
WHERE THE STATE OR POLITICAL SUBDIVISION OF THE STATE ACQUIRES OR23
OPERATES A MASS TRANSPORTATION SYSTEM OR ANY CARRIER BY24
RAILROAD, EXPRESS COMPANY, OR SLEEPING CAR COMPANY SUBJECT TO25
THE FEDERAL "RAILWAY LABOR ACT", 45 U.S.C. SEC. 151 ET SEQ., AS26
AMENDED;27
230
-5- (III) A MUNICIPALITY;1
(IV) A
SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL2
AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, OR AN3
INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF4
ARTICLE 30.5 OF TITLE 22;5
(V) A
NY DISTRICT, BUSINESS IMPROVEMENT DISTRICT , SPECIAL6
DISTRICT CREATED PURSUANT TO TITLE 32, AUTHORITY, OR OTHER7
POLITICAL SUBDIVISION OF THE STATE; OR8
(VI) A
PUBLIC HOSPITAL ESTABLISHED BY A COUNTY PURSUANT TO9
PART 3 OF ARTICLE 3 OF TITLE 25.10
(7) "C
OUNTY EMPLOYEE" MEANS A PERSON EMPLOYED BY A11
COUNTY, INCLUDING A PERSON WHOSE EMPLOYMENT WITH THE COUNTY12
HAS CEASED DUE TO AN UNFAIR LABOR PRACTICE OR A DISCHARGE , IF
13
SUCH DISCHARGE IS SUBJECT TO APPEAL UNDER AN APPLICABLE APPEALS14
PROCESS.15
(8) "D
EADLY PHYSICAL FORCE" MEANS FORCE, THE INTENDED,16
NATURAL, AND PROBABLE CONSEQUENCE OF WHICH IS TO PRODUCE DEATH ,17
AND WHICH DOES, IN FACT, PRODUCE DEATH.18
(9) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND19
EMPLOYMENT.20
(10) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.21
(11) "D
IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND22
STATISTICS IN THE DEPARTMENT.23
(12) "E
MPLOYEE ORGANIZATION " MEANS A NONPROFIT24
ORGANIZATION THAT ENGAGES WITH A COUNTY CONCERNING WAGES ,25
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND THAT26
REPRESENTS OR SEEKS TO REPRESENT COUNTY EMPLOYEES IN A27
230
-6- BARGAINING UNIT.1
(13) "E
XCLUSIVE REPRESENTATIVE " MEANS THE EMPLOYEE2
ORGANIZATION CERTIFIED OR RECOGNIZED AS THE REPRESENTATIVE OF3
EMPLOYEES IN A BARGAINING UNIT PURSUANT TO THE TERMS OF THIS4
ARTICLE 3.3.5
(14) "E
XECUTIVE EMPLOYEE" MEANS AN EMPLOYEE: 6
(a) W
HOSE PRIMARY DUTY IS MANAGEMENT OF THE ENTITY IN7
WHICH THE EMPLOYEE IS EMPLOYED OR OF A CUSTOMARILY RECOGNIZED8
DEPARTMENT OR SUBDIVISION OF THE ENTITY ;9
(b) W
HO CUSTOMARILY AND REGULARLY DIRECTS THE WORK OF10
TWO OR MORE OTHER EMPLOYEES ; AND11
(c) W
HO HAS THE AUTHORITY TO HIRE OR FIRE OTHER EMPLOYEES12
OR WHOSE SUGGESTIONS AND RECOMMENDATIONS AS TO THE HIRING ,13
FIRING, ADVANCEMENT, PROMOTION, OR ANY OTHER CHANGE OF STATUS14
OF OTHER EMPLOYEES ARE GIVEN PARTICULAR WEIGHT .15
(15) "F
ACT FINDING" MEANS THE PROCESS WHEREBY THE ISSUES16
NOT RESOLVED IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE17
COUNTY AND THE EXCLUSIVE REPRESENTATIVE ARE PRESENTED TO A FACT18
FINDER FOR RESOLUTION PURSUANT TO SECTION 8-3.3-114.19
(16) "F
INAL OFFER" MEANS THE WRITTEN OFFER MADE :20
(a) L
ATEST IN TIME BY AN EXCLUSIVE REPRESENTATIVE TO A21
COUNTY OR BY A COUNTY TO AN EXCLUSIVE REPRESENTATIVE ; AND22
(b) A
T LEAST SEVEN CALENDAR DAYS BEFORE THE BEGINNING OF23
AN IMPASSE RESOLUTION HEARING AS DESCRIBED IN SECTION 8-3.3-114.24
(17) "I
NTEREST-BASED BARGAINING" MEANS A METHOD OF25
COLLECTIVE BARGAINING THAT INVOLVES MUTUAL COLLABORATION .26
(18) "M
ANAGERIAL EMPLOYEE" MEANS ANY COUNTY EMPLOYEE27
230
-7- WHO HAS SIGNIFICANT RESPONSIBILITIES FOR FORMULATING COUNTY1
POLICIES AND PROGRAMS OR ADMINISTERING AN AGENCY OR DEPARTMENT2
OF AN AGENCY.3
(19) "N
EW EMPLOYEE ORIENTATION " MEANS THE ONBOARDING4
PROCESS OF A NEWLY HIRED COUNTY EMPLOYEE , WHETHER IN PERSON,5
ONLINE, OR THROUGH OTHER MEANS OR MEDIUMS , IN WHICH COUNTY6
EMPLOYEES ARE ADVISED OF THEIR EMPLOYMENT STATUS , RIGHTS,7
BENEFITS, DUTIES, AND RESPONSIBILITIES OR ANY OTHER8
EMPLOYMENT-RELATED MATTERS.9
(20) "P
HYSICAL FORCE" MEANS THE APPLICATION OF PHYSICAL10
TECHNIQUES OR TACTICS, CHEMICAL AGENTS, OR WEAPONS TO ANOTHER11
PERSON.12
(21) "S
ERIOUS BODILY INJURY" MEANS BODILY INJURY THAT ,13
EITHER AT THE TIME OF THE ACTUAL INJURY OR AT A LATER TIME ,14
INVOLVES:15
(a) A
SUBSTANTIAL RISK OF:16
(I) D
EATH;17
(II) S
ERIOUS PERMANENT DISFIGUREMENT ; OR18
(III) P
ROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY19
PART OR ORGAN OF THE BODY; OR20
(b) A
BREAK, FRACTURE, OR BURN OF THE SECOND OR THIRD21
DEGREE.22
(22) "S
HOWING OF INTEREST" MEANS WRITTEN OR ELECTRONIC23
DOCUMENTATION THAT PROVIDES EVIDENCE OF COUNTY EMPLOYEE24
MEMBERSHIP OR SUPPORT FOR AN EMPLOYEE ORGANIZATION FOR25
PURPOSES OF EXCLUSIVE REPRESENTATION . "SHOWING OF INTEREST"26
INCLUDES ANY ELECTRONIC SIGNATURE ACCEPTABLE UNDER THE27
230
-8- "UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.1
(23) "T
ERMS AND CONDITIONS OF EMPLOYMENT " MEANS MATTERS2
AFFECTING THE EMPLOYMENT AND WORKING CONDITIONS OF COUNTY3
EMPLOYEES, INCLUDING HOURS AND PLACE OF WORK .4
8-3.3-103. County employees - rights - obligations. (1) C
OUNTY5
EMPLOYEES HAVE THE RIGHT TO :6
(a) S
ELF-ORGANIZE;7
(b) F
ORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION ;8
(c) E
NGAGE IN THE COLLECTIVE BARGAINING PROCESS AND THE9
FORMATION OF A COLLECTIVE BARGAINING AGREEMENT THROUGH10
REPRESENTATIVES OF THEIR OWN CHOOSING ;11
(d) E
NGAGE IN OTHER CONCERTED ACTIVITIES FOR THE PURPOSE12
OF COLLECTIVE BARGAINING OR OTHER MUTUAL AID OR PROTECTION ; AND13
(e) R
EFRAIN FROM ANY OR ALL CONCERTED ACTIVITIES WITHOUT14
INTERFERENCE, CONSTRAINT, OR COERCION BY A COUNTY OR AN15
EMPLOYEE ORGANIZATION .16
(2) C
OUNTY EMPLOYEES HAVE THE RIGHT TO COMMUNICATE WITH17
ONE ANOTHER AND WITH EMPLOYEE ORGANIZATION REPRESENTATIVES18
CONCERNING ORGANIZATION , REPRESENTATION, WORKPLACE ISSUES,19
COLLECTIVE BARGAINING, AND THE BUSINESS AND PROGRAMS OF AN20
EMPLOYEE ORGANIZATION AT COUNTY EMPLOYEE WORK SITES AND BY21
MEANS OF E-MAIL SYSTEMS, TEXT MESSAGES, OR OTHER ELECTRONIC22
COMMUNICATIONS; TELEPHONE; PAPER DOCUMENTS; AND OTHER MEANS23
OF COMMUNICATION SUBJECT TO REASONABLE RESTRICTIONS . UPON24
CERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE , THE RESTRICTIONS25
MUST BE DETERMINED THROUGH COLLECTIVE BARGAINING .26
(3) C
OUNTY EMPLOYEES HAVE THE RIGHT TO HAVE THEIR27
230
-9- EXCLUSIVE REPRESENTATIVE BE PRESENT AT :1
(a) A
NY FORMAL DISCUSSION BETWEEN ONE OR MORE2
REPRESENTATIVES OF THE COUNTY AND ONE OR MORE COUNTY3
EMPLOYEES IN THE BARGAINING UNIT OR THEIR REPRESENTATIVES4
CONCERNING A GRIEVANCE , A PERSONNEL POLICY OR PRACTICE, OR ANY5
OTHER GENERAL CONDITION OF EMPLOYMENT ; OR6
(b) A
NY EXAMINATION OF A COUNTY EMPLOYEE IN THE7
BARGAINING UNIT BY A REPRESENTATIVE OF THE COUNTY IN CONNECTION8
WITH AN INVESTIGATION IF:9
(I) T
HE COUNTY EMPLOYEE REASONABLY BELIEVES THAT THE10
EXAMINATION MAY RESULT IN DISCIPLINARY ACTION AGAINST THE11
COUNTY EMPLOYEE; AND12
(II) T
HE COUNTY EMPLOYEE REQUESTS REPRESENTATION .13
(4) The discussions described in subsection (3)(a)
OF THIS
14
SUBSECTION DO NOT INCLUDE INFORMAL DISCUSSIONS OR ORDINARY15
COACHING CONVERSATIONS BETWEEN COUNTY EMPLOYEES AND THEIR16
MANAGERS OR SUPERVISORS .17
(5) A COUNTY SHALL ANNUALLY INFORM ITS COUNTY EMPLOYEES18
IN A BARGAINING UNIT WHO ARE REPRESENTED BY AN EXCLUSIVE19
REPRESENTATIVE OF THEIR RIGHTS UNDER SUBSECTION (3)(b) OF THIS20
SECTION.21
(6) COUNTY EMPLOYEES HAVE THE RIGHT TO FULLY PARTICIPATE22
IN THE POLITICAL PROCESS. COUNTY EMPLOYEES, DURING NONWORKING23
HOURS, MAY SPEAK WITH MEMBERS OF THE PUBLIC AND THE COUNTY ON24
ANY MATTER OF PUBLIC CONCERN , INCLUDING THE TERMS AND25
CONDITIONS OF THEIR EMPLOYMENT , AND MAY ENGAGE IN OTHER26
POLITICAL ACTIVITIES IN THE SAME MANNER AS OTHER RESIDENTS OF27
230
-10- COLORADO, WITHOUT DISCRIMINATION, INTIMIDATION, OR RETALIATION.1
8-3.3-104. Exclusive representatives - rights. (1)
A COUNTY2
SHALL GIVE THE EXCLUSIVE REPRESENTATIVE REASONABLE ACCESS TO3
COUNTY EMPLOYEES AT WORK , THROUGH ELECTRONIC COMMUNICATION4
AND OTHER MEANS . REASONABLE ACCESS MUST BE DETERMINED5
THROUGH COLLECTIVE BARGAINING .6
(2) A
T THE END OF EACH CALENDAR QUARTER , A COUNTY SHALL7
PROVIDE TO THE EXCLUSIVE REPRESENTATIVE THE FOLLOWING8
INFORMATION FOR EACH COUNTY EMPLOYEE IN THE BARGAINING UNIT :9
(a) T
HE NAME, EMPLOYEE IDENTIFICATION NUMBER, DEPARTMENT,10
JOB CLASSIFICATION, JOB TITLE, WORK TELEPHONE NUMBER, WORK E-MAIL11
ADDRESS, WORK ADDRESS, WORK LOCATION, SALARY, AND DATE OF HIRE12
OF EACH COUNTY EMPLOYEE AS CONTAINED IN THE COUNTY 'S RECORDS;13
AND14
(b) T
HE HOME ADDRESS , HOME AND PERSONAL CELLULAR15
TELEPHONE NUMBERS, AND PERSONAL E-MAIL ADDRESS OF EACH COUNTY16
EMPLOYEE, UNLESS DIRECTED BY THE COUNTY EMPLOYEE NOT TO PROVIDE17
SOME OR ALL OF THE INFORMATION .18
(3) (a) (I) W
ITHIN THIRTY DAYS AFTER A COUNTY EMPLOYEE IS19
HIRED, THE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE20
WITH AN OPPORTUNITY TO MEET WI TH THAT COUNTY EMPLOYEE DURING21
WORK TIME AS DETERMINED PURSUANT TO SUBSECTION (3)(a)(III) OF THIS22
SECTION.23
(II) T
HE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE24
NOTICE AT LEAST TEN DAYS IN ADVANCE OF A NEW EMPLOYEE25
ORIENTATION; EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED WHEN26
THERE IS AN URGENT NEED, CRITICAL TO THE COUNTY'S OPERATIONS, THAT27
230
-11- WAS NOT REASONABLY FORESEEABLE .1
(III) T
HE COUNTY AND THE EXCLUSIVE REPRESENTATIVE SHALL2
DETERMINE THE STRUCTURE , TIME, AND MANNER OF THE EMPLOYEE3
ORGANIZATION'S ACCESS TO COUNTY EMPLOYEES THROUGH COLLECTIVE4
BARGAINING. THE COLLECTIVE BARGAINING AGREEMENT MUST PROVIDE5
THE EXCLUSIVE REPRESENTATIVE ACCESS TO THE COUNTY 'S EMPLOYEE6
ORIENTATION AND ORIENTATION MATERIALS AND INFORMATION .7
(b) T
HE COUNTY SHALL PAY ITS COUNTY EMPLOYEES FOR THE TIME8
EMPLOYEES MEET WITH THE EXCLUS IVE REPRESENTATIVE PURSUANT TO9
THIS SUBSECTION (3). THE COUNTY SHALL PAY EACH COUNTY EMPLOYEE10
THE SAME RATE OF PAY THAT THE EMPLOYEE IS PAID DURING NORMAL11
WORK HOURS.12
(4) T
HE COUNTY SHALL MAKE PAYROLL DEDUCTIONS FOR13
MEMBERSHIP DUES AND OTHER PAYMENTS THAT COUNTY EMPLOYEES14
AUTHORIZE TO BE MADE TO THE EXCLUSIVE REPRESENTATIVE AND15
RELATED ENTITIES. THE EXCLUSIVE REPRESENTATIVE AND RELATED16
ENTITIES SHALL BE THE ONLY ORGANIZATIONS FOR WHICH THE COUNTY17
SHALL MAKE PAYROLL DEDUCTIONS FROM COUNTY EMPLOYEES WHO ARE18
IN A BARGAINING UNIT REPRESENTED BY THE EXCLUSIVE REPRESENTATIVE . 19
(5) (a) T
HE COUNTY SHALL HONOR THE TERMS OF COUNTY20
EMPLOYEES' AUTHORIZATIONS FOR PAYROLL DEDUCTIONS MADE IN ANY21
FORM THAT SATISFIES THE REQUIREMENTS OF THE "UNIFORM ELECTRONIC22
T
RANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24, INCLUDING WITHOUT23
LIMITATION ELECTRONIC AUTHORIZATIONS , INCLUDING VOICE24
AUTHORIZATIONS, THAT MEET THE REQUIREMENTS OF AN ELECTRONIC25
SIGNATURE AS DEFINED IN SECTION 24-71.3-102 (8).26
(b) A
T THE ELECTION OF THE EXCLUSIVE REPRESENTATIVE , A27
230
-12- COUNTY EMPLOYEE'S REQUEST TO CANCEL OR CHANGE AUTHORIZATIONS1
FOR PAYROLL DEDUCTIONS MUST BE DIRECTED TO THE EXCLUSIVE2
REPRESENTATIVE RATHER THAN TO THE COUNTY . IN SUCH CASE, THE3
EXCLUSIVE REPRESENTATIVE IS RESPONSIBLE FOR PROCESSING THE4
REQUEST IN ACCORDANCE WITH THE TERMS OF THE AUTHORIZATION . AN5
AUTHORIZATION FOR A PAYROLL DEDUCTION MAY NOT BE IRREVOCABLE6
FOR A PERIOD OF MORE THAN ONE YEAR .7
(c) A
N EXCLUSIVE REPRESENTATIVE THAT CERTIFIES THAT IT HAS8
AND WILL MAINTAIN INDIVIDUAL COUNTY EMPLOYEE AUTHORIZATIONS IS9
NOT REQUIRED TO PROVIDE A COPY OF AN INDIVIDUAL AUTHORIZATION TO10
THE COUNTY UNLESS A DISPUTE ARISES ABOUT THE EXISTENCE OR TERMS11
OF THAT AUTHORIZATION . THE EXCLUSIVE REPRESENTATIVE SHALL12
INDEMNIFY THE COUNTY FOR ANY CLAIMS MADE BY THE C OUNTY13
EMPLOYEE FOR DEDUCTIONS MADE IN RELIANCE ON INFORMATION14
MAINTAINED BY THE EXCLUSIVE REPRESENTATIVE .15
8-3.3-105. Counties - rights. (1) U
NLESS OTHERWISE AGREED TO16
BY A COUNTY IN A COLLECTIVE BARGAINING AGREEMENT , THIS ARTICLE17
3.3
DOES NOT IMPAIR THE RIGHT AND RESPONSIBILITY OF EACH COUNTY18
TO:19
(a) D
ETERMINE AND CARRY OUT ANY MISSION , INITIATIVE, TASK20
FORCE, AGENDA, POLICY, OR PROGRAM OF ANY DEPARTMENT , DIVISION,21
OFFICE, OR OTHER SUBDIVISION OF THE COUNTY;22
(b) E
STABLISH AND OVERSEE A BUDGET , FINANCES, AND23
ACCOUNTING;24
(c) D
ETERMINE THE UTILIZATION OF TECHNOLOGY ;25
(d) N
EGOTIATE, PROCURE, AND ADMINISTER CONTRACTS THAT THE26
COUNTY HAS LAWFUL AUTHORITY TO ENTER ;27
230
-13- (e) MAKE, AMEND, ENFORCE, OR REVOKE REASONABLE PERSONAL1
CONDUCT RULES SUBJECT TO ITS OBLIGATION TO COLLECTIVELY BARGAIN2
WITH AN EXCLUSIVE REPRESENTATIVE ; OR3
(f) T
AKE ACTIONS AS MAY BE NECESSARY TO CARRY OUT ANY4
GOVERNMENT FUNCTION DURING AN EMERGENCY DECLARED BY A5
COMPETENT AUTHORITY .6
(2) N
OTHING IN THIS ARTICLE 3.3 OR IN A COLLECTIVE BARGAINING
7
AGREEMENT MAY RESTRICT , DUPLICATE, OR USURP ANY RESPONSIBILITY8
OR AUTHORITY GRANTED TO THE COUNTY COMMISSIONERS OF ANY9
COUNTY BY THE STATE CONSTITUTION , A HOME RULE COUNTY CHARTER ,10
OR ANY OTHER STATE LAW.11
(3) N
OTHING IN THIS ARTICLE 3.3 PREVENTS A COUNTY FROM
12
CONVENING OR ENGAGING IN DISCUSSIONS WITH ANY COUNTY EMPLOYEE13
OR GROUP OF COUNTY EMPLOYEES TO ACCOMPLISH THE RIGHTS AND14
RESPONSIBILITIES DESCRIBED IN SUBSECTION (1) OF THIS SECTION.15
8-3.3-106. Director powers and duties - administration - rules16
- enforcement - hearing officers. (1) T
HE DIRECTOR SHALL ENFORCE,17
INTERPRET, APPLY, AND ADMINISTER THE PROVISIONS OF THIS ARTICLE 3.318
THROUGH RULE-MAKING, HEARINGS, AND APPEALS, INCLUDING THE19
ESTABLISHMENT OF PROCEDURES FOR :20
(a) D
ESIGNATING APPROPRIATE BARGAINING UNITS UNDER21
SECTION 8-3.3-110;22
(b) S
ELECTING, CERTIFYING, AND DECERTIFYING EXCLUSIVE23
REPRESENTATIVES AS PROVIDED IN THIS ARTICLE 3.3; AND24
(c) F
ILING, HEARING, AND DETERMINING COMPLAINTS OF UNFAIR25
LABOR PRACTICES PURSUANT TO SECTION 8-3.3-115.26
(2) F
OR THE PURPOSES OF ADJUDICATING DISPUTES AND27
230
-14- ENFORCING THE PROVISIONS OF THIS ARTICLE 3.3 AND RULES ADOPTED1
PURSUANT TO THIS ARTICLE 3.3, THE DIRECTOR MAY CONDUCT HEARINGS2
AND ADMINISTER OATHS, EXAMINE WITNESSES AND DOCUMENTS , TAKE3
TESTIMONY AND RECEIVE EVIDENCE , AND ISSUE SUBPOENAS TO COMPEL4
THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF RECORDS .5
(3) (a) T
HE DIRECTOR MAY DELEGATE THE POWERS SPECIFIED IN6
SUBSECTION (2) OF THIS SECTION TO HEARING OFFICERS . A HEARING7
OFFICER SHALL MAKE A DECISION ON EACH RELEVANT ISSUE RAISED ,8
INCLUDING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AN ORDER.9
(b) T
HE DECISION AND ORDER OF A HEARING OFFICER CONSTITUTES10
A FINAL AGENCY ACTION PURSUANT TO SECTION 24-4-106. THE DIRECTOR11
SHALL PROMPTLY PROVIDE ALL PARTIES WITH A COPY OF THE HEARING12
OFFICER'S DECISION BY UNITED STATES MAIL OR BY ELECTRONIC MAIL. A13
PARTY MAY SEEK JUDICIAL REVIEW OF THE DECISION PURSUANT TO14
SECTION 24-4-106.15
(4) T
HE DIRECTOR AND A HEARING OFFICER HAVE THE POWER TO16
ENFORCE PROVISIONS OF THIS ARTICLE 3.3 THROUGH THE IMPOSITION OF:17
(a) A
PPROPRIATE ADMINISTRATIVE REMEDIES ;18
(b) A
CTUAL DAMAGES RELATED TO EMPLOYEE ORGANIZATION19
DUES;20
(c) B
ACK PAY, INCLUDING BENEFITS;21
(d) R
EINSTATEMENT OF THE COUNTY EMPLOYEE WITH THE SAME22
SENIORITY STATUS THAT THE EMPLOYEE WOULD HAVE HAD BUT FOR THE23
VIOLATION;24
(e) O
THER REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A25
COUNTY EMPLOYEE OR GROUP OF COUNTY EMPLOYEES FROM UNLAWFUL26
CONDUCT BY A COUNTY; AND27
230
-15- (f) DECLARATORY OR INJUNCTIVE RELIEF OR PROVISIONAL1
REMEDIES, INCLUDING TEMPORARY RESTRAINING ORDERS OR PRELIMINARY2
INJUNCTIONS.3
(5) T
HE DIRECTOR SHALL MAINTAIN ON THE DIVISION 'S WEBSITE:4
(a) C
URRENT VERSIONS OF THIS ARTICLE 3.3 AND THE RULES5
ADOPTED PURSUANT TO THIS ARTICLE 3.3;6
(b) A
LL HEARING OFFICER DECISIONS AND ORDERS ;7
(c) A
LL FINAL JUDGMENTS AND WRITTEN DECISIONS OF FACT8
FINDERS PURSUANT TO SECTION 8-3.3-114; AND9
(d) A
LL ADMINISTRATIVE DETERMINATIONS OF CERTIFICATION AND10
DECERTIFICATION OF EXCLUSIVE REPRESENTATIVES .11
(6) T
HE DIRECTOR MAY ADOPT RULES AS NECESSARY TO12
IMPLEMENT AND ADMINISTER THIS ARTICLE 3.3, INCLUDING RULES:13
(a) T
O ESTABLISH PROCEDURES AS SPECIFIED IN SUBSECTION (1) OF14
THIS SECTION;15
(b) G
OVERNING HEARINGS CONDUCTED PURS UANT TO THIS16
ARTICLE 3.3;17
(c) R
EGARDING OBJECTIONS TO THE CONDUCT OF AN ELECTION18
PURSUANT TO SECTION 8-3.3-109; AND19
(d) R
EGARDING FACT FINDING PURSUANT TO SECTION 8-3.3-114.20
(7) T
HE DIVISION SHALL PARTNER WITH THE FEDERAL MEDIATION21
AND CONCILIATION SERVICE TO OFFER TRAINING IN INTEREST -BASED22
BARGAINING UPON THE MUTUAL REQUEST OF AN EMPLOYEE23
ORGANIZATION AND A COUNTY .24
8-3.3-107. Judicial enforcement. T
HE DIRECTOR OR ANY PARTY25
OF INTEREST MAY REQUEST THE APPROPRIATE DISTRICT COURT TO26
ENFORCE ORDERS ISSUED PURSUANT TO THIS ARTICLE 3.3, INCLUDING27
230
-16- THOSE FOR APPROPRIATE TEMPORARY RELIEF AND RESTRAINING ORDERS .1
T
HE COURT SHALL CONSIDER THE REQUEST FOR ENFORCEMENT BASED ON2
THE RECORD MADE BEFORE THE DIRECTOR OR HEARING OFFICER . THE3
COURT SHALL UPHOLD THE ACTION OF THE DIRECTOR OR HEARING OFFICER4
AND TAKE APPROPRIATE ACTION TO ENFORCE THE ACTION , UNLESS THE5
COURT CONCLUDES THAT THE ORDER IS UNLAWFUL PURSUANT TO SECTION6
24-4-106 (7)(b).7
8-3.3-108. Certification of the employee organization as the8
exclusive representative - rules. (1) (a) O
N AND AFTER JULY 1,
2023,9
THE DIRECTOR SHALL CERTIFY AND A COUNTY SHALL RECOGNIZE AN10
EMPLOYEE ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF A 11
BARGAINING UNIT UPON A SECRET BALLOT ELECTION IN WHICH THE12
EMPLOYEE ORGANIZATION RECEIVES MORE THAN FIFTY PERCENT OF THE13
VALID BALLOTS CAST. AN ELECTION SHALL TAKE PLACE WHEN , IN14
ACCORDANCE WITH RULES PROMULGATED BY THE DIRECTOR , A PETITION15
IS FILED BY AN EMPLOYEE ORGANIZATION CONTAINING A SHOWING OF16
INTEREST OF AT LEAST THIRTY PERCENT OF THE COUNTY EMPLOYEES IN A17
BARGAINING UNIT.18
(b) T
HE SUFFICIENCY OF THE SHOWING OF INTEREST IN A19
REPRESENTATION ELECTION
FOR EXCLUSIVE REPRESENTATION IS AN20
ADMINISTRATIVE DETERMINATION MADE BY THE DIRECTOR OR THE21
DIRECTOR'S DESIGNEE AND IS NOT SUBJECT TO CHALLENGE BY ANY22
PERSON. THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF ANY23
COUNTY EMPLOYEE WHO HAS PARTICIPATED IN THE SHOWING OF INTEREST24
TO ANY PERSON.25
(2) (a) T
HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION26
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF , ON OR BEFORE27
230
-17- JANUARY 1, 2022, A COUNTY RECOGNIZED THE EMPLOYEE ORGANIZATION1
AS THE EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT . THE2
EMPLOYEE ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE3
REPRESENTATIVE FOR THE BARGAINING UNIT UNTIL OR UNLESS THE4
EMPLOYEE ORGANIZATION IS DECERTIFIED AS THE EXCLUSIVE5
REPRESENTATIVE IN ACCORDANCE WITH THIS ARTICLE 3.3.6
(b) T
HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION7
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF A COUNTY , AFTER8
J
ANUARY 1, 2022, AND BEFORE JULY 1, 2023,
RECOGNIZED THE EMPLOYEE9
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE AND THE10
RECOGNITION WAS BASED ON A DEMONSTRATION OF MAJORITY SUPPORT11
BY THE EMPLOYEE ORGANIZATION OR THE EMPLOYEE ORGANIZATION WAS12
SELECTED IN A SECRET BALLOT ELECTION BY A MAJORITY OF BARGAINING13
UNIT COUNTY EMPLOYEES VOTING IN THE ELECTION . THE EMPLOYEE14
ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE15
OF THE BARGAINING UNIT UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION16
IS DECERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH17
THIS ARTICLE 3.3.18
(c) N
O COUNTY EMPLOYEE POSITIONS IN A DEEMED CERTIFIED19
BARGAINING UNIT MAY BE EXCLUDED FROM THE BARGAINING UNIT ,20
EXCEPT BY AGREEMENT OF THE EXCLUSIVE REPRESENTATIVE AND THE21
COUNTY.22
8-3.3-109. Process for employee organization certification -23
intervening employee organizations - secret ballot elections - rules. (1)24
UPON THE FILING OF A PETITION BY AN EMPLOYEE ORGANIZATION25
SEEKING EXCLUSIVE RECOGNITION , THE DIRECTOR SHALL REQUIRE THE26
COUNTY TO DISTRIBUTE NOTICE TO ALL COUNTY EMPLOYEES IN THE27
230
-18- APPLICABLE BARGAINING UNIT THAT MUST IDENTIFY THE PETITIONER , THE1
BARGAINING UNIT SOUGHT BY THE PETITIONER , THE ELECTION PROCESS,2
AND AN ADVISEMENT OF COUNTY EMPLOYEE RIGHTS UNDER SECTION3
8-3.3-103
(1), (2), AND (3).4
5
(2) W
ITHIN TEN DAYS AFTER THE DATE THE NOTICE REQUIRED IN6
SUBSECTION (1) OF THIS SECTION IS FIRST DISTRIBUTED, OTHER EMPLOYEE7
ORGANIZATIONS MAY SEEK TO INTERVENE IN THE CERTIFICATION PROCESS .8
A
N INTERVENER ORGANIZATION SHALL FILE A PETITION WITH THE9
DIRECTOR CONTAINING THE SIGNATURES OF NOT LESS THAN THIRTY10
PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT CLAIMED11
TO BE APPROPRIATE BY THE INTERVENER .12
(3) I
F THERE IS A DISPUTE REGARDING THE POSITIONS TO BE13
INCLUDED IN THE APPROPRIATE BARGAINING UNIT , THE DIRECTOR SHALL14
PROMPTLY ORDER A HEARING CONDUCTED IN ACCORDANCE WITH THE15
RULES ADOPTED PURSUANT TO THIS ARTICLE 3.3. UPON DETERMINATION16
OF THE COMPOSITION OF THE APPROPRIATE BARGAINING UNIT , WHETHER17
BY CONSENT OF THE PARTIES OR UPON A DECISION BY THE DIRECTOR OR18
THE DIRECTOR'S DESIGNEE, THE DIRECTOR SHALL DETERMINE THE19
SUFFICIENCY OF THE SHOWING OF INTEREST OF EACH PETITIONER . IF A20
PETITIONER LACKS A SUFFICIENT SHOWING OF INTEREST , THE DIRECTOR21
SHALL PROVIDE THAT PETITIONER WITH A TEN -DAY OPPORTUNITY TO22
DEMONSTRATE A SUFFICIENT SHOWING OF INTEREST IN THE BARGAINING23
UNIT THAT WAS DEEMED APPROPRIATE .24
(4) W
ITHIN TEN DAYS AFTER THE DIRECTOR 'S DETERMINATION25
THAT A SUFFICIENT SHOWING OF INTEREST HAS BEEN PROVIDED PURSUANT26
TO SUBSECTION (3) OF THIS SECTION, THE DIRECTOR SHALL:27
230
-19- (a) ORDER THE COUNTY TO PROVIDE TO THE PETITIONING1
EMPLOYEE ORGANIZATION OR ORGANIZATIONS THE NAMES , JOB TITLES,2
WORK LOCATIONS, HOME ADDRESSES, PERSONAL E-MAIL ADDRESSES, AND3
HOME OR CELLULAR TELEPHONE NUMBERS OF ANY COUNTY EMPLOYEE IN4
THE APPROPRIATE BARGAINING UNIT UNLESS DIRECTED BY THE COUNTY5
EMPLOYEE NOT TO PROVIDE SOME OR ALL OF THE INFORMATION ; 6
(b) E
STABLISH BY CONSENT OR ORDER THE PROCEDURES FOR A7
SECRET BALLOT ELECTION; AND8
(c) O
RDER THE COUNTY TO DISTRIBUTE A NOTICE PREPARED BY9
THE DIRECTOR THAT DESCRIBES THE PROCEDURES OF THE SECRET BALLOT10
ELECTION TO ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING11
UNIT.12
(5) T
HE BALLOT FOR THE SECRET BALLOT ELECTION MUST13
CONTAIN:14
(a) T
HE NAME OF ANY EMPLOYEE OR GANIZATION SUBMITTING A15
PETITION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY16
PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING17
UNIT; AND18
(b) A
CHOICE OF "NO REPRESENTATION" FOR COUNTY EMPLOYEES19
TO INDICATE THEY DO NOT DESIRE TO BE REPRESENTED BY AN EMPLOYEE20
ORGANIZATION.21
(6) (a) I
F AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF22
BALLOTS CAST IN A SECRET BALLOT ELECTION , THE DIRECTOR SHALL23
CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE24
REPRESENTATIVE OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE25
BARGAINING UNIT SUBJECT TO ANY VALID OBJECTIONS TO THE CONDUCT26
OF THE ELECTION FILED IN ACCORDANCE WITH THIS ARTICLE 3.3 AND THE27
230
-20- RULES OF THE DIRECTOR.1
(b) W
ITHIN TWENTY-EIGHT DAYS AFTER A SECRET BALLOT2
ELECTION IN WHICH NO EMPLOYEE ORGANIZATION RECEIVES A MAJORITY3
OF THE BALLOTS CAST , THE DIRECTOR SHALL CONDUCT A RUNOFF4
ELECTION BETWEEN THE TWO EMPLOYEE ORGANIZATIONS RECEIVING THE5
LARGEST NUMBER OF BALLOTS CAST . THE DIRECTOR SHALL CERTIFY THE6
RESULTS OF THE ELECTION , AND, IF AN EMPLOYEE ORGANIZATION7
RECEIVES A MAJORITY OF THE BALLOTS CAST , THE DIRECTOR SHALL8
CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE9
REPRESENTATIVE OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE10
BARGAINING UNIT, SUBJECT TO ANY VALID OBJECTIONS TO THE CONDUCT11
OF THE ELECTION FILED IN ACCORDANCE WITH THIS ARTICLE 3.3 AND THE12
RULES OF THE DIRECTOR.13
(7) W
ITHIN SEVEN DAYS AFTER CERTIFICATION OF THE RESULTS OF14
A SECRET BALLOT ELECTION, ANY PARTY MAY FILE OBJECTIONS TO THE15
CONDUCT OF THE ELECTION OR TO CONDUCT AFFECTING THE RESULTS OF16
THE ELECTION IN ACCORDANCE WITH RULES PROMULGATED BY THE17
DIRECTOR. THE OBJECTIONS MUST CONTAIN A SHORT STATEMENT OF THE18
REASONS FOR THE OBJECTIONS AND BE ACCOMPANIED BY A WRITTEN19
OFFER OF PROOF IDENTIFYING EACH WITNESS THE PARTY WOULD CALL TO20
TESTIFY CONCERNING THE ISSUE AND A SUMMARY OF THE WITNESS 'S21
TESTIMONY. UPON A SHOWING OF GOOD CAUSE , THE DIRECTOR MAY22
EXTEND THE TIME FOR FILING THE OFFER OF PROOF. THE PARTY FILING THE23
OBJECTIONS SHALL SERVE A COPY OF THE OBJECTIONS , BUT NOT THE24
WRITTEN OFFER OF PROOF, ON EACH OF THE OTHER PARTIES TO THE CASE.25
I
F THE DIRECTOR OR A DESIGNATED HEARING OFFICER FINDS THAT26
MISCONDUCT AFFECTED THE OUTCOME OF THE ELECTION , THE DIRECTOR27
230
-21- SHALL INVALIDATE THE ELECTION AND ORDER A SUBSEQUENT ELECTION1
FOR THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT2
WITHIN TWENTY-EIGHT DAYS AFTER THE FINDING.3
8-3.3-110. Determination of appropriate bargaining unit. 4
(1) T
HE DIRECTOR SHALL, UPON RECEIPT OF A PETITION FOR A
5
REPRESENTATION ELECTION, DESIGNATE THE APPROPRIATE BARGAINING6
UNIT FOR COLLECTIVE BARGAINING IN ACCORDANCE WITH THIS SECTION .7
T
HE DESIGNATION MUST BE DETERMINED BY :
8
(a) C
ONSENT OF THE PARTIES; OR
9
(b) I
F THERE IS NOT AGREEMENT BETWEEN THE PARTIES , AN
10
ADMINISTRATIVE DETERMINATION OF THE DIRECTOR .11
(2) I
N DETERMINING THE APPROPRIATENESS OF A BARGAINING
12
UNIT, THE DIRECTOR SHALL CONSIDER:13
(a) T
HE DESIRES OF THE PUBLIC EMPLOYEES;
14
(b) T
HE SIMILARITY OF DUTIES, SKILLS, AND WORKING CONDITIONS
15
OF THE PUBLIC EMPLOYEES INVOLVED ;16
(c) T
HE WAGES, HOURS, AND OTHER WORKING CONDITIONS OF THE
17
PUBLIC EMPLOYEES;18
(d) T
HE ADMINISTRATIVE STRUCTURE AND SIZE OF THE PUBLIC
19
EMPLOYER;20
(e) T
HE HISTORY OF COLLECTIVE BARGAINING WITH THAT PUBLIC
21
EMPLOYER, IF ANY, AND WITH SIMILAR PUBLIC EMPLOYERS ; AND22
(f) O
THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY
23
TAKEN INTO CONSIDERATION IN DETERMINING THE APPROPRIATENESS OF24
BARGAINING UNITS IN THE PUBLIC SECTOR.25
8-3.3-111. Decertification of exclusive representative - rules.26
(1) A
COUNTY EMPLOYEE IN A BARGAINING UNIT OR AN EMPLOYEE27
230
-22- ORGANIZATION MAY INITIATE DECERTIFICATION OF THE EMPLOYEE1
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE UPON SUBMISSION TO2
THE DIRECTOR OF A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY3
PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING4
UNIT REQUEST DECERTIFICATION OF THE EXISTING EXCLUSIVE5
REPRESENTATIVE OR A SHOWING OF INTEREST DEMONSTRATING THAT6
THIRTY PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT7
AUTHORIZE AN EMPLOYEE ORGANIZATION OTHER THAN THE EXCLUSIVE8
REPRESENTATIVE TO REPRESENT THEM FOR PURPOSES OF COLLECTIVE9
BARGAINING. DECERTIFICATION ELECTIONS MUST BE HELD IN A MANNER10
SIMILAR TO CERTIFICATION ELECTIONS , AS SPECIFIED IN RULES11
PROMULGATED BY THE DIRECTOR , SO LONG AS AN INCUMBENT EXCLUSIVE12
REPRESENTATIVE EMPLOYEE ORGANIZATION IS NOT REQUIRED TO FILE A13
SHOWING OF INTEREST TO BE PLACED ON THE BALLOT .14
(2) I
F THERE IS A COLLECTIVE BARGAINING AGREEMENT IN EFFECT ,15
A PETITION FOR A DECERTIFICATION ELECTION MAY BE MADE TO THE16
DIRECTOR NO EARLIER THAN NINETY DAYS AND NO LATER THAN SIXTY17
DAYS PRIOR TO THE EXPIRATION OF THE COLLECTIVE BARGAINING18
AGREEMENT; EXCEPT THAT A REQUEST FOR AN ELECTION MAY BE FILED AT19
ANY TIME AFTER THE EXPIRATION OF THE THIRD YEAR OF A COLLECTIVE20
BARGAINING AGREEMENT THAT HAS A TERM OF MORE THAN THREE YEARS .21
(3) I
F AN EXCLUSIVE REPRESENTATIVE HAS BEEN CERTIFIED BUT NO22
COLLECTIVE BARGAINING AGREEMENT IS IN EFFECT , THE DIRECTOR SHALL23
NOT ACT ON A REQUEST FOR A DECERTIFICATION ELECTION EARLIER THAN24
TWELVE MONTHS AFTER THE CERTIFICATION OF AN EMPLOYEE25
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE .26
8-3.3-112. Obligation to negotiate in good faith. (1) T
HE27
230
-23- COUNTY AND THE EXCLUSIVE REPRESENTATIVE OR ITS REPRESENTATIVE1
HAVE THE AUTHORITY AND THE OBLIGATION TO COLLECTIVELY BARGAIN2
IN GOOD FAITH. THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD3
FAITH DOES NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL OR4
MAKE A CONCESSION.5
(2) T
HE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH :6
(a) R
EQUIRES A COUNTY, UPON REQUEST OF THE EXCLUSIVE7
REPRESENTATIVE, TO PROVIDE INFORMATION THAT MAY BE RELEVANT TO8
THE TERMS AND CONDITIONS OF EMPLOYMENT OR THE INTERPRETATION OF9
THE COLLECTIVE BARGAINING AGREEMENT ;10
(b) I
NCLUDES A COUNTY 'S DUTY TO FURNISH DATA TO THE11
EXCLUSIVE REPRESENTATIVE THAT :12
(I) I
S NORMALLY MAINTAINED BY THE COUNTY IN THE REGULAR13
COURSE OF BUSINESS; AND14
(II) I
S REASONABLY AVAILABLE AND NECESSARY FOR FULL AND15
PROPER DISCUSSION, UNDERSTANDING, AND NEGOTIATION OF SUBJECTS16
WITHIN THE SCOPE OF COLLECTIVE BARGAINING OR SUBJECT TO A17
GRIEVANCE UNDER A COLLECTIVE BARGAINING AGREEMENT ; AND18
(c) D
OES NOT INCLUDE AN OBLIGATION TO FURNISH INFORMATION19
THAT CONSTITUTES GUIDANCE, ADVICE, COUNSEL, OR TRAINING PROVIDED20
FOR MANAGERIAL EMPLOYEES OR EXECUTIVE EMPLOYEES RELATING TO21
COLLECTIVE BARGAINING.22
(3) C
OLLECTIVE BARGAINING BETWEEN A SINGLE COUNTY AND AN23
EMPLOYEE ORGANIZATION SERVING AS THE EXCLUSIVE REPRESENTATIVE24
OF MORE THAN ONE BARGAINING UNIT OF COUNTY EMPLOYEES MUST BE25
CONSOLIDATED UPON THE REQUEST OF THE COUNTY .
26
8-3.3-113. Collective bargaining agreement - arbitration.27
230
-24- (1) AN AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE1
REPRESENTATIVE AND A COUNTY , WITH THE APPROVAL OF THE BOARD OF2
COUNTY COMMISSIONERS OF THE COUNTY , CONSTITUTES THE COLLECTIVE3
BARGAINING AGREEMENT BETWEEN THE PARTIES .4
(2) A
COLLECTIVE BARGAINING AGREEMENT ENTERED INTO UNDER5
THIS ARTICLE 3.3 MUST BE FOR A TERM OF AT LEAST TWELVE MONTHS AND6
NOT MORE THAN SIXTY MONTHS . A COLLECTIVE BARGAINING AGREEMENT7
REMAINS IN EFFECT UNTIL REPLACED BY A SUBSEQUENT COLLECTIVE8
BARGAINING AGREEMENT .9
(3) I
F THERE IS AN EXISTING LAW , POLICY, ORDINANCE, OR10
CHARTER PROVISION THAT APPLIES TO A COUNTY THAT PROVIDES11
PROCEDURES FOR THE APPEAL OF COUNTY EMPLOYEE DISCIPLINE ,12
INCLUDING TERMINATIONS, A COUNTY EMPLOYEE MAY ELECT TO APPEAL13
A DISCIPLINARY ACTION EITHER UNDER THE APPLICABLE APPEALS14
PROCEDURE ESTABLISHED BY THAT LAW , POLICY, ORDINANCE, OR CHARTER15
PROVISION OR UNDER A GRIEVANCE PROCEDURE ESTABLISHED IN A16
COLLECTIVE BARGAINING AGREEMENT APPLICABLE TO THE COUNTY , BUT17
NOT BOTH. A COUNTY EMPLOYEE 'S ELECTION OF A REMEDY IS18
IRREVOCABLE AND IS MADE AT THE TIME THE COUNTY EMPLOYEE TIMELY19
FILES A WRITTEN DISCIPLINARY APPEAL UNDER THE NEGOTIATED20
GRIEVANCE PROCEDURE OR THE PROCEDURE ESTABLISHED BY LAW , POLICY,21
ORDINANCE, OR CHARTER PROVISION, WHICHEVER OCCURS FIRST.22
(4) (a) A
COLLECTIVE BARGAINING AGREEMENT SHALL PROVIDE23
FOR A GRIEVANCE PROCEDURE CULMINATING IN FINAL AND BINDING24
ARBITRATION, SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH THIS25
ARTICLE 3.3, TO RESOLVE DISPUTES OVER THE INTERPRETATION ,26
APPLICATION, AND ENFORCEMENT OF ANY PROVISION OF THE COLLECTIVE27
230
-25- BARGAINING AGREEMENT .1
(b) A
N EXCLUSIVE REPRESENTATIVE OR THE COUNTY MAY SEEK2
JUDICIAL REVIEW OR CONFIRMATION OF AN ARBITRATOR 'S DECISION AS THE3
FINAL STEP IN A COLLECTIVE BARGAINING AGREEMENT GRIEVANCE4
PROCEDURE IN A COURT OF COMPETENT JURISDICTION . THE DECISION OF AN5
ARBITRATOR MUST BE ENFORCED , AND THE PARTIES SHALL COMPLY WITH6
THE DECISION AND AWARD, UNLESS A COURT CONCLUDES THAT :7
(I) T
HE DECISION AND AWARD WAS PROCURED BY CORRUPTION ,8
FRAUD, OR OTHER UNDUE MEANS;9
(II) T
HE ARBITRATOR EXCEEDED THE ARBITRATOR 'S AUTHORITY;10
(III) T
HE ARBITRATOR'S DECISION AND AWARD VIOLATED PUBLIC11
POLICY;12
(IV) T
HE ARBITRATOR ENGAGED IN MANIFEST DISREGARD OF THE13
LAW; OR14
(V) T
HE ARBITRATOR DENIED THE PARTIES A FUNDAMENTALLY15
FAIR HEARING.16
(5) A
COLLECTIVE BARGAINING AGREEMENT SHALL NOT :17
(a) D
ELAY THE PROMPT INTERVIEWING OF COUNTY EMPLOYEES18
UNDER INVESTIGATION; EXCEPT THAT A COUNTY EMPLOYEE MUST BE19
GIVEN SUFFICIENT TIME TO HAVE THE C OUNTY EMPLOYEE 'S EXCLUSIVE20
REPRESENTATIVE PRESENT AT ANY EXAMINATION IN CONNECTION WITH AN21
INVESTIGATION IN ACCORDANCE WITH SECTION 8-3.3-103 (3);22
(b) P
ERMIT A COUNTY EMPLOYEE TO USE PAID TIME FOR ANY OR23
ALL OF A SUSPENSION WHEN THE SUSPENSION WAS PROPERLY IMPOSED , IN
24
ACCORDANCE WITH APPLICABLE STANDARDS OR PROCEDURES , OR WHERE25
A SUPERVISOR, EMPLOYER, ADMINISTRATIVE LAW JUDGE , HEARING26
OFFICER, OR A COURT HAS FOUND A DEPRIVATION OF RIGHTS UNDER THE27
230
-26- STATE OR FEDERAL CONSTITUTION ;1
(c) P
ERMIT THE EXPUNGEMENT OF DISCIPLINARY RECORDS FROM A2
COUNTY EMPLOYEE'S PERSONNEL FILE FOR SUBSTANTIATED INFRACTIONS3
OF A COUNTY'S POLICIES REGARDING:4
(I) P
HYSICAL USE OF FORCE;5
(II) D
EADLY PHYSICAL FORCE;6
(III) A
CTIONS RESULTING IN DEATH OR SERIOUS BODILY INJURY ;7
AND8
(IV) A
CTIONS RESULTING IN A DEPRIVATION OF RIGHTS UNDER THE9
STATE OR FEDERAL CONSTITUTION ;10
(d) I
MPOSE LIMITS ON THE PERIOD OF TIME DURING WHICH A11
COUNTY EMPLOYEE MAY BE DISCIPLINED OR AN INVESTIGATION MAY12
OCCUR FOR INCIDENTS INVOLVING PHYSICAL FORCE , INCIDENTS OF DEADLY13
PHYSICAL FORCE, INCIDENTS THAT RESULTED IN DEATH OR SERIOUS BODILY14
INJURY, OR INCIDENTS ALLEGING A DEPRIVATION OF AN INDIVIDUAL 'S15
RIGHTS UNDER THE STATE OR FEDERAL CONSTITUTION ;16
(e) P
LACE LIMITATIONS ON THE SUBSTANCE , METHOD FOR FILING,17
OR SOURCE OF COMPLAINTS THAT MAY PROMPT AN INVESTIGATION INTO18
EMPLOYEE MISCONDUCT .19
(6) A
COLLECTIVE BARGAINING AGREEMENT MUST BE CONSISTENT20
WITH APPLICABLE STATE AND FEDERAL LAWS , INCLUDING STATE AND21
FEDERAL LAWS GOVERNING THE COUNTY OFFICIALS ' AND COUNTY22
EMPLOYEES' RETIREMENT PLAN OR THE COLORADO EMPLOYEE RETIREMENT23
SYSTEM DESCRIBED IN ARTICLE 51 OF TITLE 24, WHICHEVER IS APPLICABLE.24
I
F ANY CLAUSE IN A COLLECTIVE BARGAINING AGREEMENT IS DETERMINED25
TO BE INVALID OR UNENFORCEABLE , THE UNENFORCEABILITY OR26
INVALIDITY OF SUCH CLAUSE DOES NOT AFFECT THE ENFORCEABILITY OR27
230
-27- VALIDITY OF ANY OTHER CLAUSE OF THE COLLECTIVE BARGAINING1
AGREEMENT.2
(7) A
NY TERM OF A COLLECTIVE BARGAINING AGREEMENT3
REQUIRING THE APPROPRIATION OF FUNDS MUST BE SUBMITTED TO THE4
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AT THE MEETING5
FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE TO THE6
COUNTY THAT THE BARGAINING UNIT HAS APPROVED THE AGREEMENT IN7
ACCORDANCE WITH THE INTERNAL PROCEDURES OF THE EXCLUSIVE8
REPRESENTATIVE.9
8-3.3-114. Impasse resolution - fact finding - rules. (1) I
F AN10
IMPASSE ARISES ON ONE OR MORE ISSUES DURING THE NEGOTIATION OF A11
COLLECTIVE BARGAINING AGREEMENT , THE EXCLUSIVE REPRESENTATIVE12
AND THE COUNTY SHALL ENGAGE IN THE DISPUTE RESOLUTION PROCESS13
ESTABLISHED IN THIS SECTION OR AN ALTERNATIVE PROCEDURE14
ESTABLISHED BY MUTUAL AGREEMENT . THE DEADLINES IN THIS SECTION15
MAY BE EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES .16
(2) (a) I
F THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY17
CANNOT REACH AN AGREEMENT ON ONE OR MORE ISSUES SUBJECT TO18
COLLECTIVE BARGAINING WITHIN NINETY CALENDAR DAYS AFTER19
COMMENCING MEETINGS TO NEGOTIATE , OR BY THE ONE HUNDRED20
TWENTIETH DAY PRIOR TO THE EXPIRATION OF AN EXISTING COLLECTIVE21
BARGAINING AGREEMENT , WHICHEVER IS EARLIER, EITHER PARTY MAY22
REQUEST THE ASSISTANCE OF A MEDIATOR. IF MEDIATION IS REQUESTED BY23
EITHER PARTY, BARGAINING MUST CONTINUE WITH THE AID OF A24
MEDIATOR.25
(b) I
F THE PARTIES CANNOT AGREE ON A MEDIATOR WITHIN SEVEN26
CALENDAR DAYS AFTER THE REQUEST FOR MEDIATION , THE PARTIES MUST27
230
-28- REQUEST MEDIATION ASSISTANCE FROM THE FEDERAL MEDIATION AND1
CONCILIATION SERVICE. THE PARTIES SHALL SHARE EQUALLY THE COST OF2
MEDIATION SERVICES, IF ANY.3
(3) M
EDIATION MUST CONTINUE FOR SIXTY DAYS , UNTIL SIXTY4
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING COLLECTIVE BARGAINING5
AGREEMENT, OR UNTIL THE MEDIATOR DETERMINES THAT MEDIATION6
SERVICES ARE NO LONGER NECESSARY OR EFFECTIVE , WHICHEVER OCCURS7
FIRST. MEDIATION MAY CONTINUE THEREAFTER UPON MUTUAL8
AGREEMENT OF THE PARTIES.9
(4) (a) I
F THE PARTIES REMAIN AT AN IMPASSE FOLLOWING10
MEDIATION, EITHER PARTY MAY REQUEST FACT FINDING IN ACCORDANCE11
WITH RULES PROMULGATED BY THE DIRECTOR .12
(b) T
HE DIRECTOR SHALL MAINTAIN A ROSTER OF QUALIFIED FACT13
FINDERS, EACH OF WHOM MUST BE REGISTERED WITH THE FEDERAL14
MEDIATION AND CONCILIATION SERVICE OR THE AMERICAN ARBITRATION15
A
SSOCIATION, AND SHALL REQUIRE THE PARTIES TO SELECT A FACT FINDER16
FROM THE DIRECTOR'S ROSTER OR FROM A ROSTER OF LABOR ARBITRATORS17
OBTAINED DIRECTLY FROM THE FEDERAL MEDIATION AND CONCILIATION18
SERVICE OR THE AMERICAN ARBITRATION ASSOCIATION, OR ITS19
SUCCESSOR ORGANIZATION . THE PARTIES SHALL SELECT A FACT FINDER20
FROM A LIST OF SEVEN NAMES FROM THE ROSTER , AS DESIGNATED BY THE21
DIRECTOR AND THE AMERICAN ARBITRATION ASSOCIATION, OR ITS22
SUCCESSOR ORGANIZATION , OR THE FEDERAL MEDIATION AND23
CONCILIATION SERVICE, WHICHEVER IS APPLICABLE.24
(c) U
NLESS THE PARTIES OTHERWISE AGREE, THE FACT FINDER WILL25
MAKE A RECOMMENDATION TO ACCEPT THE FINAL OFFER OF THE26
EXCLUSIVE REPRESENTATIVE OR THE FINAL OFFER OF THE COUNTY ON EACH27
230
-29- ISSUE IN DISPUTE.1
(d) I
N ARRIVING AT A RECOMMENDATION , THE FACT FINDER SHALL2
CONSIDER:3
(I) T
HE FINANCIAL ABILITY OF THE COUNTY TO MEET THE COSTS OF4
ANY PROPOSED SETTLEMENT ;5
(II) T
HE INTERESTS AND WELFARE OF THE PUBLIC ;6
(III) T
HE COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF7
EMPLOYMENT OF THE COUNTY EMPLOYEES INVOLVED IN THE COLLECTIVE8
BARGAINING IN COMPARISON WITH THE COMPENSATION , HOURS, AND9
TERMS AND CONDITIONS OF EMPLOYMENT OF OTHER EMPLOYEES IN THE10
PUBLIC AND PRIVATE SECTORS IN COMPARABLE COMMUNITIES ;11
(IV) T
HE STIPULATIONS OF THE PARTIES;12
(V) T
HE LAWFUL AUTHORITY OF THE COUNTY ;13
(VI) C
HANGES IN THE COST OF LIVING; AND14
(VII) O
THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY15
TAKEN INTO CONSIDERATION IN THE DETERMINATION OF COMPENSATION ,16
HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT THR OUGH17
VOLUNTARY COLLECTIVE BARGAINING , INTEREST ARBITRATION , OR18
OTHERWISE BETWEEN PARTIES IN PUBLIC AND PRIVATE EMPLOYMENT .19
(e) T
HE PARTIES SHALL SHARE THE COST OF THE FACT FINDER20
EQUALLY.21
(5) T
HE EXCLUSIVE REPRESENTATIVE SHALL APPROVE OR REJECT22
THE RECOMMENDATION OF THE FACT FINDER IN ACCORDANCE WITH ITS23
INTERNAL PROCEDURES. IF THE EXCLUSIVE REPRESENTATIVE APPROVES OF24
THE RECOMMENDATION , THE BOARD OF COUNTY COMMISSIONERS OF THE25
COUNTY SHALL VOTE TO ACCEPT OR REJECT THE RECOMMENDATION AT A26
REGULAR OR SPECIAL MEETING OPEN TO THE PUBLIC IMMEDIATELY27
230
-30- FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE THAT THE1
BARGAINING UNIT HAS ACCEPTED THE RECOMMENDATION .2
(6) (a) E
XCEPT FOR THE PARTIES IDENTIFIED IN SUBSECTION (6)(b)3
OF THIS SECTION, IF THE PARTIES ARE AT AN IMPASSE FOLLOWING4
CONSIDERATION OF THE RECOMMENDATIONS OF THE FACT FINDER , EACH5
PARTY REMAINS OBLIGATED TO COLLECTIVELY BARGAIN IN GOOD FAITH TO6
RESOLVE THE IMPASSE.7
(b) B
ARGAINING UNITS OF A LOCAL GOVERNMENT EMPLOYER THAT8
INCLUDE FIREFIGHTERS, AS DEFINED IN SECTION 29-5-301 (2), MUST9
COMPLY WITH POST-FACT-FINDING PROCEDURES IN SECTION 29-5-210 (9),10
(10),
AND (13).11
(7) E
XCEPT FOR THE RECOMMENDATION OF A FACT FINDER , ALL12
DOCUMENTS, PROPOSALS, AND DRAFT AND TENTATIVE AGREEMENTS13
DRAFTED OR EXCHANGED PURSUANT TO THE PROCESS ESTABLISHED IN THIS14
SECTION ARE PRIVILEGED, ARE NOT PUBLIC RECORDS , AND ARE NOT15
SUBJECT TO INSPECTION PURSUANT TO THE "COLORADO OPEN RECORDS16
A
CT", PART 2 OF ARTICLE 72 OF TITLE 24.17
8-3.3-115. Unfair labor practices. (1) A
COUNTY OR EXCLUSIVE18
REPRESENTATIVE SHALL NOT REFUSE TO NEGOTIATE IN GOOD FAITH WITH19
RESPECT TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF20
EMPLOYMENT, INCLUDING REFUSING TO COOPERATE IN ANY IMPASSE21
RESOLUTION PROCEDURE.22
(2) A
COUNTY, ITS REPRESENTATIVES, ITS AGENTS, OR ANYONE23
ACTING ON BEHALF OF THE COUNTY SHALL NOT :24
(a) D
ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,25
OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST,26
COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST,27
230
-31- ANY COUNTY EMPLOYEE FOR FORMING OR ASSISTING AN EMPLOYEE1
ORGANIZATION OR EXPRESSING THE COUNTY EMPLOYEE 'S VIEWS2
REGARDING COUNTY EMPLOYEE REPRESENTATION OR WORKPLACE ISSUES3
OR THE RIGHTS GRANTED TO THE COUNTY EMPLOYEE IN THIS ARTICLE 3.3;4
(b) D
ETER OR DISCOURAGE COUNTY EMPLOYEES OR COUNTY5
EMPLOYEE APPLICANTS FROM BECOMING OR REMAINING MEMBERS OF AN6
EMPLOYEE ORGANIZATION OR FROM AUTHORIZING PAYROLL DEDUCTIONS7
FOR DUES OR FEES TO AN EMPLOYEE ORGANIZATION ; EXCEPT THAT THE
8
COUNTY MAY RESPOND TO QUESTIONS FROM A COUNTY EMPLOYEE9
PERTAINING TO THE COUNTY EMPLOYEE 'S EMPLOYMENT OR ANY MATTER10
DESCRIBED IN THIS PART 3.3, AS LONG AS THE RESPONSE IS NEUTRAL11
TOWARD PARTICIPATION IN , SELECTION OF, AND MEMBERSHIP IN AN12
EMPLOYEE ORGANIZATION ;13
(c) U
SE ANY PUBLIC FUNDS OR OFFICIAL POSITION TO SUPPORT OR14
OPPOSE AN EMPLOYEE ORGANIZATION ; EXCEPT THAT THE PROVISION OF15
ROUTINE SERVICES AND FACILITIES AND PAID TIME FOR EXCLUSIVE16
REPRESENTATIVES MAY BE PROVIDED BY A COUNTY PURSUANT TO A17
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY AND AN18
EXCLUSIVE REPRESENTATIVE;19
(d) D
OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN20
EMPLOYEE ORGANIZATION ;21
(e) D
ISCHARGE OR DISCRIMINATE AGAINST A COUNTY EMPLOYEE22
BECAUSE THE COUNTY EMPLOYEE HAS FILED AN AFFIDAVIT , PETITION, OR23
COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO24
THIS ARTICLE 3.3 OR A COLLECTIVE BARGAINING AGREEMENT OR CHOSEN25
TO BE REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE ;26
(f) D
ENY THE RIGHTS ACCOMPANYING CERTIFICATION AS THE27
230
-32- EXCLUSIVE REPRESENTATIVE PURSUANT TO THIS ARTICLE 3.3;1
(g) C
OLLECTIVELY BARGAIN IN REGARD TO MATTERS COVERED BY2
THIS ARTICLE 3.3 WITH A COUNTY EMPLOYEE OR GROUP OF COUNTY3
EMPLOYEES IN THE BARGAINING UNIT OR AN EMPLOYEE ORGANIZATION4
PURPORTEDLY REPRESENTING THE COUNTY EMPLOYEES IN A BARGAINING5
UNIT OTHER THAN THE EXCLUSIVE REPRESENTATIVE ;6
(h) D
ISCLOSE TO A PRIVATE ENTITY, OTHER THAN THE EXCLUSIVE7
REPRESENTATIVE, PERSONALLY IDENTIFIABLE INFORMATION ABOUT8
COUNTY EMPLOYEES WITHIN THE BARGAINING UNIT THAT IS EXEMPT FROM9
DISCLOSURE PURSUANT TO LAW ; OR10
(i) O
THERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS11
ARTICLE 3.3.12
(3) (a) A
N EMPLOYEE ORGANIZATION OR EXCLUSIVE13
REPRESENTATIVE SHALL NOT:14
(I) I
NTERFERE WITH, RESTRAIN, OR COERCE A COUNTY EMPLOYEE15
WITH RESPECT TO THE RIGHTS GRANTED IN THIS ARTICLE 3.3 OR WITH16
RESPECT TO SELECTING AN EXCLUSIVE REPRESENTATIVE ;17
(II) W
ILLFULLY OR DELIBERATELY FAIL TO FAIRLY REPRESENT A18
COUNTY EMPLOYEE WHO IS IN A BARGAINING UNIT EXCLUSIVELY19
REPRESENTED BY THE EMPLOYEE ORGANIZATION IN THE NEGOTIATION OR20
ENFORCEMENT OF THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT ;21
OR22
(III) O
THERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF23
THIS ARTICLE 3.3.24
(b) T
HIS SUBSECTION (3) DOES NOT PROHIBIT AN EXCLUSIVE25
REPRESENTATIVE FROM PROVIDING LEGAL , ECONOMIC, OR JOB-RELATED26
SERVICES OR BENEFITS BEYOND THOSE ESTABLISHED IN ANY APPLICABLE27
230
-33- COLLECTIVE BARGAINING AGREEMENT EXCLUSIVELY TO ITS MEMBERS .1
(4) A
N AGGRIEVED PARTY IS BARRED FROM FILING A CLAIM THAT2
ALLEGES THAT EITHER THE COUNTY OR EMPLOYEE ORGANIZATION HAS3
VIOLATED THIS SECTION UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS4
AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY5
SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION .6
(5) T
HE EXPRESSION OF ANY PERSONAL VIEW , ARGUMENT, OR7
OPINION BY AN ELECTED OFFICIAL MUST NOT BE CONSIDERED A VIOLATION8
OF THIS SECTION UNLESS THE EXPRESSION CONTAINS A THREAT OF9
REPRISAL OR PROMISE OF A BENEFIT OR IS MADE UNDER COERCIVE10
CONDITIONS. REPRESENTATIVES OF COUNTIES MAY CORRECT THE RECORD11
WITH RESPECT TO ANY FALSE OR MISLEADING STATEMENT MADE BY ANY12
PERSON, PUBLICIZE THE FACT OF A REPRESENTATION ELECTION , AND13
ENCOURAGE COUNTY EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN14
THE ELECTION.15
(6) (a) A
N EXCLUSIVE REPRESENTATIVE CERTIFIED OR DEEMED16
CERTIFIED IN ACCORDANCE WITH THIS ARTICLE 3.3 SHALL NOT THREATEN,17
FACILITATE, SUPPORT, OR CAUSE A COUNTY EMPLOYEE TO PARTICIPATE IN18
THE FOLLOWING:19
(I) A
STRIKE;20
(II) A
WORK STOPPAGE;21
(III) A
WORK SLOWDOWN;22
(IV) A
GROUP SICK OUT; OR23
(V) A
N ACTION THAT DISRUPTS, ON A WIDESPREAD BASIS, THE24
DAY-TO-DAY FUNCTIONING OF A COUNTY .25
(b) A
CONTROVERSY CONCERNING AN ACTIVITY PROHIBITED BY26
SUBSECTION (6)(a) OF THIS SECTION MAY BE SUBMITTED TO THE DIVISION27
230
-34- PURSUANT TO SECTION 8-3.3-106. UPON A FINDING THAT THE EXCLUSIVE1
REPRESENTATIVE HAS VIOLATED SUBSECTION (6)(a) OF THIS SECTION, THE2
DIRECTOR SHALL AWARD ANY APPROPRIATE RELIEF , INCLUDING3
SANCTIONS, FINES, OR DECERTIFICATION . IF AN EXCLUSIVE4
REPRESENTATIVE IS DECERTIFIED BY THE DIRECTOR , THE EMPLOYEE5
ORGANIZATION MAY BEGIN THE CERTIFICATION PROCESS IN SECTION6
8-3.3-108
AFTER ONE YEAR FROM THE DATE OF DECERTIFICATION .7
(c) N
OTHING IN THIS SUBSECTION (6) PROHIBITS THE EXCLUSIVE8
REPRESENTATIVE FROM ENGAGING IN OTHER CONCERTED ACTIVITIES FOR9
THE PURPOSE OF THE COLLECTIVE BARGAINING PROCESS OR OTHER10
MUTUAL AID OR PROTECTION , WITHOUT INTERFERENCE, RESTRAINT, OR11
COERCION BY THE COUNTY.12
(d) N
OTHING IN THIS SECTION AFFECTS THE RIGHTS OF ANY COUNTY13
EMPLOYEE OR EMPLOYEE ORGANIZATION NOT COVERED BY THE EXPRESS14
TERMS OF THIS ARTICLE 3.3.15
8-3.3-116. Existing bargaining relationships. A
N EXCLUSIVE16
REPRESENTATIVE DEEMED CERTIFIED PURSUANT TO THIS ARTICLE 3.3 HAS17
THE RIGHT TO COLLECTIVELY BARGAIN MATTERS NOT COVERED BY AN18
EXISTING COLLECTIVE BARGAINING AGREEMENT NEGOTIATED PRIOR TO19
THE EFFECTIVE DATE OF THIS ARTICLE 3.3 IF THE SUBJECTS PROPOSED FOR20
BARGAINING WERE OUTSIDE OF THE LAWFUL SCOPE OF BARGAINING PRIOR21
TO THE EFFECTIVE DATE OF THIS ARTICLE 3.3.22
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal
23
year, $480,753 is appropriated to the department of labor and24
employment. This appropriation is from the general fund. To implement25
this act, the department may use this appropriation as follows:26
(a) $303,327 for use by division of labor standards and statistics27
230
-35- for program costs related to labor standards, which amount is based on an1
assumption that the subdivision will require an additional 3.0 FTE; and2
(b) $177,426 for the purchase of legal services.3
(2) For the 2022-23 state fiscal year, $177,426 is appropriated to4
the department of law. This appropriation is from reappropriated funds5
received from the department of labor and employment under subsection6
(1)(b) of this section and is based on an assumption that the department of7
law will require an additional 1.0 FTE. To implement this act, the8
department of law may use this appropriation to provide legal services for9
the department of labor and employment.10
SECTION 4. Effective date. This act takes effect J ULY 1, 2023.11
SECTION 5. Safety clause. The general assembly hereby finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety.14
230
-36-