Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-1056.01 Kristen Forrestal x4217
SENATE BILL 22-230
Senate Committees House Committees
Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
Appropriations 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;
HOUSE
Amended 3rd Reading
May 11, 2022
HOUSE
Amended 2nd Reading
May 6, 2022
SENATE
3rd Reading Unamended
May 2, 2022
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, Donovan
HOUSE SPONSORSHIP
Esgar, Bacon, Benavidez, Cutter, Froelich, Garnett, Gonzales-Gutierrez, Jodeh, Kennedy,
Lindsay, Lontine, Ortiz, Sullivan, Titone, Amabile, Bernett, Bird, Boesenecker, Caraveo,
Duran, Exum, Gray, Herod, Hooton, Kipp, McCormick, Michaelson Jenet, Ricks, Sirota,
Valdez A., Weissman, Woodrow, Young
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) A COUNTY WITH A POPULATION OF LESS THAN SEVEN22
THOUSAND FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF23
THE MOST RECENT UNITED STATES DECENNIAL CENSUS;24
(III) THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE25
WHERE THE STATE OR POLITICAL SUBDIVISION OF THE STATE ACQUIRES OR26
OPERATES A MASS TRANSPORTATION SYSTEM, OR ANY CARRIER BY27
230
-5- RAILROAD, EXPRESS COMPANY, OR SLEEPING CAR COMPANY SUBJECT TO1
THE FEDERAL "RAILWAY LABOR ACT", 45 U.S.C. SEC. 151 ET SEQ., AS2
AMENDED;3
(IV) A MUNICIPALITY;4
(V) A SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL5
AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, OR AN6
INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF7
ARTICLE 30.5 OF TITLE 22;8
(VI) ANY DISTRICT, BUSINESS IMPROVEMENT DISTRICT, SPECIAL9
DISTRICT CREATED PURSUANT TO TITLE 32, AUTHORITY, OR OTHER10
POLITICAL SUBDIVISION OF THE STATE; OR11
(VII) A PUBLIC HOSPITAL ESTABLISHED BY A COUNTY PURSUANT12
TO PART 3 OF ARTICLE 3 OF TITLE 25.13
(7) "C
OUNTY EMPLOYEE" MEANS A PERSON EMPLOYED BY A14
COUNTY, INCLUDING A PERSON WHOSE EMPLOYMENT WITH THE COUNTY15
HAS CEASED DUE TO AN UNFAIR LABOR PRACTICE OR A DISCHARGE , IF
16
SUCH DISCHARGE IS SUBJECT TO APPEAL UNDER AN APPLICABLE APPEALS17
PROCESS.18
(8) "D
EADLY PHYSICAL FORCE" MEANS FORCE, THE INTENDED,19
NATURAL, AND PROBABLE CONSEQUENCE OF WHICH IS TO PRODUCE DEATH ,20
AND WHICH DOES, IN FACT, PRODUCE DEATH.21
(9) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND22
EMPLOYMENT.23
(10) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.24
(11) "D
IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND25
STATISTICS IN THE DEPARTMENT.26
(12) "E
MPLOYEE ORGANIZATION " MEANS A NONPROFIT27
230
-6- ORGANIZATION THAT ENGAGES WITH A COUNTY CONCERNING WAGES ,1
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND THAT2
REPRESENTS OR SEEKS TO REPRESENT COUNTY EMPLOYEES IN A3
BARGAINING UNIT.4
(13) "E
XCLUSIVE REPRESENTATIVE " MEANS THE EMPLOYEE5
ORGANIZATION CERTIFIED OR RECOGNIZED AS THE REPRESENTATIVE OF6
EMPLOYEES IN A BARGAINING UNIT PURSUANT TO THE TERMS OF THIS7
ARTICLE 3.3.8
(14) "E
XECUTIVE EMPLOYEE" MEANS AN EMPLOYEE: 9
(a) W
HOSE PRIMARY DUTY IS MANAGEMENT OF THE ENTITY IN10
WHICH THE EMPLOYEE IS EMPLOYED OR OF A CUSTOMARILY RECOGNIZED11
DEPARTMENT OR SUBDIVISION OF THE ENTITY ;12
(b) W
HO CUSTOMARILY AND REGULARLY DIRECTS THE WORK OF13
TWO OR MORE OTHER EMPLOYEES ; AND14
(c) W
HO HAS THE AUTHORITY TO HIRE OR FIRE OTHER EMPLOYEES15
OR WHOSE SUGGESTIONS AND RECOMMENDATIONS AS TO THE HIRING ,16
FIRING, ADVANCEMENT, PROMOTION, OR ANY OTHER CHANGE OF STATUS17
OF OTHER EMPLOYEES ARE GIVEN PARTICULAR WEIGHT .18
(15) "F
ACT FINDING" MEANS THE PROCESS WHEREBY THE ISSUES19
NOT RESOLVED IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE20
COUNTY AND THE EXCLUSIVE REPRESENTATIVE ARE PRESENTED TO A FACT21
FINDER FOR RESOLUTION PURSUANT TO SECTION 8-3.3-114.22
(16) "F
INAL OFFER" MEANS THE WRITTEN OFFER MADE :23
(a) L
ATEST IN TIME BY AN EXCLUSIVE REPRESENTATIVE TO A24
COUNTY OR BY A COUNTY TO AN EXCLUSIVE REPRESENTATIVE ; AND25
(b) A
T LEAST SEVEN CALENDAR DAYS BEFORE THE BEGINNING OF26
AN IMPASSE RESOLUTION HEARING AS DESCRIBED IN SECTION 8-3.3-114.27
230
-7- (17) "INTEREST-BASED BARGAINING" MEANS A METHOD OF1
COLLECTIVE BARGAINING THAT INVOLVES MUTUAL COLLABORATION .2
(18) "M
ANAGERIAL EMPLOYEE" MEANS ANY COUNTY EMPLOYEE3
WHO HAS SIGNIFICANT RESPONSIBILITIES FOR FORMULATING COUNTY4
POLICIES AND PROGRAMS OR ADMINISTERING AN AGENCY OR DEPARTMENT5
OF AN AGENCY.6
(19) "N
EW EMPLOYEE ORIENTATION " MEANS THE ONBOARDING7
PROCESS OF A NEWLY HIRED COUNTY EMPLOYEE , WHETHER IN PERSON,8
ONLINE, OR THROUGH OTHER MEANS OR MEDIUMS , IN WHICH COUNTY9
EMPLOYEES ARE ADVISED OF THEIR EMPLOYMENT STATUS , RIGHTS,10
BENEFITS, DUTIES, AND RESPONSIBILITIES OR ANY OTHER11
EMPLOYMENT-RELATED MATTERS.12
(20) "P
HYSICAL FORCE" MEANS THE APPLICATION OF PHYSICAL13
TECHNIQUES OR TACTICS, CHEMICAL AGENTS, OR WEAPONS TO ANOTHER14
PERSON.15
(21) "S
ERIOUS BODILY INJURY" MEANS BODILY INJURY THAT ,16
EITHER AT THE TIME OF THE ACTUAL INJURY OR AT A LATER TIME ,17
INVOLVES:18
(a) A
SUBSTANTIAL RISK OF:19
(I) D
EATH;20
(II) S
ERIOUS PERMANENT DISFIGUREMENT ; OR21
(III) P
ROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY22
PART OR ORGAN OF THE BODY; OR23
(b) A
BREAK, FRACTURE, OR BURN OF THE SECOND OR THIRD24
DEGREE.25
(22) "S
HOWING OF INTEREST" MEANS WRITTEN OR ELECTRONIC26
DOCUMENTATION THAT PROVIDES EVIDENCE OF COUNTY EMPLOYEE27
230
-8- MEMBERSHIP OR SUPPORT FOR AN EMPLOYEE ORGANIZATION FOR1
PURPOSES OF EXCLUSIVE REPRESENTATION . "SHOWING OF INTEREST"2
INCLUDES ANY ELECTRONIC SIGNATURE ACCEPTABLE UNDER THE3
"U
NIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.4
(23) "T
ERMS AND CONDITIONS OF EMPLOYMENT " MEANS MATTERS5
AFFECTING THE EMPLOYMENT AND WORKING CONDITIONS OF COUNTY6
EMPLOYEES, INCLUDING HOURS AND PLACE OF WORK .7
8-3.3-103. County employees - rights - obligations. (1) C
OUNTY8
EMPLOYEES HAVE THE RIGHT TO :9
(a) S
ELF-ORGANIZE;10
(b) F
ORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION ;11
(c) E
NGAGE IN THE COLLECTIVE BARGAINING PROCESS AND THE12
FORMATION OF A COLLECTIVE BARGAINING AGREEMENT THROUGH13
REPRESENTATIVES OF THEIR OWN CHOOSING ;14
(d) E
NGAGE IN OTHER CONCERTED ACTIVITIES FOR THE PURPOSE15
OF COLLECTIVE BARGAINING OR OTHER MUTUAL AID OR PROTECTION ; AND16
(e) R
EFRAIN FROM ANY OR ALL CONCERTED ACTIVITIES WITHOUT17
INTERFERENCE, CONSTRAINT, OR COERCION BY A COUNTY OR AN18
EMPLOYEE ORGANIZATION .19
(2) C
OUNTY EMPLOYEES HAVE THE RIGHT TO COMMUNICATE WITH20
ONE ANOTHER AND WITH EMPLOYEE ORGANIZATION REPRESENTATIVES21
CONCERNING ORGANIZATION , REPRESENTATION, WORKPLACE ISSUES,22
COLLECTIVE BARGAINING, AND THE BUSINESS AND PROGRAMS OF AN23
EMPLOYEE ORGANIZATION AT COUNTY EMPLOYEE WORK SITES AND BY24
MEANS OF E-MAIL SYSTEMS, TEXT MESSAGES, OR OTHER ELECTRONIC25
COMMUNICATIONS; TELEPHONE; PAPER DOCUMENTS; AND OTHER MEANS26
OF COMMUNICATION SUBJECT TO REASONABLE RESTRICTIONS . UPON27
230
-9- CERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE , THE RESTRICTIONS1
MUST BE DETERMINED THROUGH COLLECTIVE BARGAINING .2
(3) C
OUNTY EMPLOYEES HAVE THE RIGHT TO HAVE THEIR3
EXCLUSIVE REPRESENTATIVE BE PRESENT AT :4
(a) A
NY FORMAL DISCUSSION BETWEEN ONE OR MORE5
REPRESENTATIVES OF THE COUNTY AND ONE OR MORE COUNTY6
EMPLOYEES IN THE BARGAINING UNIT OR THEIR REPRESENTATIVES7
CONCERNING A GRIEVANCE , A PERSONNEL POLICY OR PRACTICE, OR ANY8
OTHER GENERAL CONDITION OF EMPLOYMENT ; OR9
(b) A
NY EXAMINATION OF A COUNTY EMPLOYEE IN THE10
BARGAINING UNIT BY A REPRESENTATIVE OF THE COUNTY IN CONNECTION11
WITH AN INVESTIGATION IF:12
(I) T
HE COUNTY EMPLOYEE REASONABLY BELIEVES THAT THE13
EXAMINATION MAY RESULT IN DISCIPLINARY ACTION AGAINST THE14
COUNTY EMPLOYEE; AND15
(II) T
HE COUNTY EMPLOYEE REQUESTS REPRESENTATION .16
(4) The discussions described in subsection (3)(a)
OF THIS
17
SUBSECTION DO NOT INCLUDE INFORMAL DISCUSSIONS OR ORDINARY18
COACHING CONVERSATIONS BETWEEN COUNTY EMPLOYEES AND THEIR19
MANAGERS OR SUPERVISORS .20
(5) A COUNTY SHALL ANNUALLY INFORM ITS COUNTY EMPLOYEES21
IN A BARGAINING UNIT WHO ARE REPRESENTED BY AN EXCLUSIVE22
REPRESENTATIVE OF THEIR RIGHTS UNDER SUBSECTION (3)(b) OF THIS23
SECTION.24
(6) COUNTY EMPLOYEES HAVE THE RIGHT TO FULLY PARTICIPATE25
IN THE POLITICAL PROCESS. COUNTY EMPLOYEES, DURING NONWORKING26
HOURS, MAY SPEAK WITH MEMBERS OF THE PUBLIC AND THE COUNTY ON27
230
-10- ANY MATTER OF PUBLIC CONCERN , INCLUDING THE TERMS AND1
CONDITIONS OF THEIR EMPLOYMENT , AND MAY ENGAGE IN OTHER2
POLITICAL ACTIVITIES IN THE SAME MANNER AS OTHER RESIDENTS OF3
C
OLORADO, WITHOUT DISCRIMINATION, INTIMIDATION, OR RETALIATION.4
8-3.3-104. Exclusive representatives - rights. (1)
A COUNTY5
SHALL GIVE THE EXCLUSIVE REPRESENTATIVE REASONABLE ACCESS TO6
COUNTY EMPLOYEES AT WORK , THROUGH ELECTRONIC COMMUNICATION7
AND OTHER MEANS . REASONABLE ACCESS MUST BE DETERMINED8
THROUGH COLLECTIVE BARGAINING .9
(2) A
T THE END OF EACH CALENDAR QUARTER , A COUNTY SHALL10
PROVIDE TO THE EXCLUSIVE REPRESENTATIVE THE FOLLOWING11
INFORMATION FOR EACH COUNTY EMPLOYEE IN THE BARGAINING UNIT :12
(a) T
HE NAME, EMPLOYEE IDENTIFICATION NUMBER, DEPARTMENT,13
JOB CLASSIFICATION, JOB TITLE, WORK TELEPHONE NUMBER, WORK E-MAIL14
ADDRESS, WORK ADDRESS, WORK LOCATION, SALARY, AND DATE OF HIRE15
OF EACH COUNTY EMPLOYEE AS CONTAINED IN THE COUNTY 'S RECORDS;16
AND17
(b) T
HE HOME ADDRESS , HOME AND PERSONAL CELLULAR18
TELEPHONE NUMBERS, AND PERSONAL E-MAIL ADDRESS OF EACH COUNTY19
EMPLOYEE, UNLESS DIRECTED BY THE COUNTY EMPLOYEE NOT TO PROVIDE20
SOME OR ALL OF THE INFORMATION .21
(3) (a) (I) W
ITHIN THIRTY DAYS AFTER A COUNTY EMPLOYEE IS22
HIRED, THE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE23
WITH AN OPPORTUNITY TO MEET WI TH THAT COUNTY EMPLOYEE DURING24
WORK TIME AS DETERMINED PURSUANT TO SUBSECTION (3)(a)(III) OF THIS25
SECTION.26
(II) T
HE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE27
230
-11- NOTICE AT LEAST TEN DAYS IN A DVANCE OF A NEW EMPLOYEE1
ORIENTATION; EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED WHEN2
THERE IS AN URGENT NEED, CRITICAL TO THE COUNTY'S OPERATIONS, THAT3
WAS NOT REASONABLY FORESEEABLE .4
(III) T
HE COUNTY AND THE EXCLUSIVE REPRESENTATIVE SHALL5
DETERMINE THE STRUCTURE , TIME, AND MANNER OF THE EMPLOYEE6
ORGANIZATION'S ACCESS TO COUNTY EMPLOYEES THROUGH COLLECTIVE7
BARGAINING. THE COLLECTIVE BARGAINING AGREEMENT MUST PROVIDE8
THE EXCLUSIVE REPRESENTATIVE ACCESS TO THE COUNTY 'S EMPLOYEE9
ORIENTATION AND ORIENTATION MATERIALS AND INFORMATION .10
(b) T
HE COUNTY SHALL PAY ITS COUNTY EMPLOYEES FOR THE TIME11
EMPLOYEES MEET WITH THE EXCLUS IVE REPRESENTATIVE PURSUANT TO12
THIS SUBSECTION (3). THE COUNTY SHALL PAY EACH COUNTY EMPLOYEE13
THE SAME RATE OF PAY THAT THE EMPLOYEE IS PAID DURING NORMAL14
WORK HOURS.15
(4) T
HE COUNTY SHALL MAKE PAYROLL DEDUCTIONS FOR16
MEMBERSHIP DUES AND OTHER PAYMENTS THAT COUNTY EMPLOYEES17
VOLUNTARILY AUTHORIZE TO BE MADE TO THE EXCLUSIVE18
REPRESENTATIVE AND RELATED ENTITIES . THE EXCLUSIVE19
REPRESENTATIVE AND RELATED ENTITIES SHALL BE THE ONLY20
ORGANIZATIONS FOR WHICH THE C OUNTY SHALL MAKE PAYROLL21
DEDUCTIONS FROM COUNTY EMPLOYEES WHO ARE IN A BARGAINING UNIT22
REPRESENTED BY THE EXCLUSIVE REPRESENTATIVE . 23
(5) (a) T
HE COUNTY SHALL HONOR THE TERMS OF COUNTY24
EMPLOYEES' AUTHORIZATIONS FOR PAYROLL DEDUCTIONS MADE IN ANY25
FORM THAT SATISFIES THE REQUIREMENTS OF THE "UNIFORM ELECTRONIC26
T
RANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24, INCLUDING WITHOUT27
230
-12- LIMITATION ELECTRONIC AUTHORIZATIONS , INCLUDING VOICE1
AUTHORIZATIONS, THAT MEET THE REQUIREMENTS OF AN ELECTRONIC2
SIGNATURE AS DEFINED IN SECTION 24-71.3-102 (8).3
(b) A
T THE ELECTION OF THE EXCLUSIVE REPRESENTATIVE , A4
COUNTY EMPLOYEE'S REQUEST TO CANCEL OR CHANGE AUTHORIZATIONS5
FOR PAYROLL DEDUCTIONS MUST BE DIRECTED TO THE EXCLUSIVE6
REPRESENTATIVE RATHER THAN TO THE C OUNTY . IN SUCH CASE, THE7
EXCLUSIVE REPRESENTATIVE IS RESPONSIBLE FOR PROCESSING THE8
REQUEST IN ACCORDANCE WITH THE TERMS OF THE AUTHORIZATION . AN9
AUTHORIZATION FOR A PAYROLL DEDUCTION MAY NOT BE IRREVOCABLE10
FOR A PERIOD OF MORE THAN ONE YEAR .11
(c) A
N EXCLUSIVE REPRESENTATIVE THAT CERTIFIES THAT IT HAS12
AND WILL MAINTAIN INDIVIDUAL COUNTY EMPLOYEE AUTHORIZATIONS IS13
NOT REQUIRED TO PROVIDE A COPY OF AN INDIVIDUAL AUTHORIZATION TO14
THE COUNTY UNLESS A DISPUTE ARISES ABOUT THE EXISTENCE OR TERMS15
OF THAT AUTHORIZATION . THE EXCLUSIVE REPRESENTATIVE SHALL16
INDEMNIFY THE COUNTY FOR ANY CLAIMS MADE BY THE COUNTY17
EMPLOYEE FOR DEDUCTIONS MADE IN RELIANCE ON INFORMATION18
MAINTAINED BY THE EXCLUSIVE REPRESENTATIVE .19
8-3.3-105. Counties - rights. (1) U
NLESS OTHERWISE AGREED TO20
BY A COUNTY IN A COLLECTIVE BARGAINING AGREEMENT , THIS ARTICLE21
3.3
DOES NOT IMPAIR THE RIGHT AND RESPONSIBILITY OF EACH COUNTY22
TO:23
(a) D
ETERMINE AND CARRY OUT ANY MISSION , INITIATIVE, TASK24
FORCE, AGENDA, POLICY, OR PROGRAM OF ANY DEPARTMENT , DIVISION,25
OFFICE, OR OTHER SUBDIVISION OF THE COUNTY;26
(b) E
STABLISH AND OVERSEE A BUDGET , FINANCES, AND27
230
-13- ACCOUNTING;1
(c) D
ETERMINE THE UTILIZATION OF TECHNOLOGY ;2
(d) N
EGOTIATE, PROCURE, AND ADMINISTER CONTRACTS THAT THE3
COUNTY HAS LAWFUL AUTHORITY TO ENTER ;4
(e) M
AKE, AMEND, ENFORCE, OR REVOKE REASONABLE PERSONAL5
CONDUCT RULES SUBJECT TO ITS OBLIGATION TO COLLECTIVELY BARGAIN6
WITH AN EXCLUSIVE REPRESENTATIVE ; OR7
(f) T
AKE ACTIONS AS MAY BE NECESSARY TO CARRY OUT ANY8
GOVERNMENT FUNCTION DURING AN EMERGENCY DECLARED BY A9
COMPETENT AUTHORITY .10
(2) N
OTHING IN THIS ARTICLE 3.3 OR IN A COLLECTIVE BARGAINING
11
AGREEMENT MAY RESTRICT , DUPLICATE, OR USURP ANY RESPONSIBILITY12
OR AUTHORITY GRANTED TO THE COUNTY COMMISSIONERS OF ANY13
COUNTY BY THE STATE CONSTITUTION , A HOME RULE COUNTY CHARTER ,14
OR ANY OTHER STATE LAW.15
(3) N
OTHING IN THIS ARTICLE 3.3 PREVENTS A COUNTY FROM
16
CONVENING OR ENGAGING IN DISCUSSIONS WITH ANY COUNTY EMPLOYEE17
OR GROUP OF COUNTY EMPLOYEES TO ACCOMPLISH THE RIGHTS AND18
RESPONSIBILITIES DESCRIBED IN SUBSECTION (1) OF THIS SECTION.19
8-3.3-106. Director powers and duties - administration - rules20
- enforcement - hearing officers. (1) T
HE DIRECTOR SHALL ENFORCE,21
INTERPRET, APPLY, AND ADMINISTER THE PROVISIONS OF THIS ARTICLE 3.322
THROUGH RULE-MAKING, HEARINGS, AND APPEALS, INCLUDING THE23
ESTABLISHMENT OF PROCEDURES FOR :24
(a) D
ESIGNATING APPROPRIATE BARGAINING UNITS UNDER25
SECTION 8-3.3-110;26
(b) S
ELECTING, CERTIFYING, AND DECERTIFYING EXCLUSIVE27
230
-14- REPRESENTATIVES AS PROVIDED IN THIS ARTICLE 3.3; AND1
(c) F
ILING, HEARING, AND DETERMINING COMPLAINTS OF UNFAIR2
LABOR PRACTICES PURSUANT TO SECTION 8-3.3-115.3
(2) F
OR THE PURPOSES OF ADJUDICATING DISPUTES AND4
ENFORCING THE PROVISIONS OF THIS ARTICLE 3.3 AND RULES ADOPTED5
PURSUANT TO THIS ARTICLE 3.3, THE DIRECTOR MAY CONDUCT HEARINGS6
AND ADMINISTER OATHS, EXAMINE WITNESSES AND DOCUMENTS , TAKE7
TESTIMONY AND RECEIVE EVIDENCE , AND ISSUE SUBPOENAS TO COMPEL8
THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF RECORDS .9
(3) (a) T
HE DIRECTOR MAY DELEGATE THE POWERS SPECIFIED IN10
SUBSECTION (2) OF THIS SECTION TO HEARING OFFICERS . A HEARING11
OFFICER SHALL MAKE A DECISION ON EACH RELEVANT ISSUE RAISED ,12
INCLUDING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AN ORDER.13
(b) T
HE DECISION AND ORDER OF A HEARING OFFICER CONSTITUTES14
A FINAL AGENCY ACTION PURSUANT TO SECTION 24-4-106. THE DIRECTOR15
SHALL PROMPTLY PROVIDE ALL PARTIES WITH A COPY OF THE HEARING16
OFFICER'S DECISION BY UNITED STATES MAIL OR BY ELECTRONIC MAIL. A17
PARTY MAY SEEK JUDICIAL REVIEW OF THE DECISION PURSUANT TO18
SECTION 24-4-106.19
(4) T
HE DIRECTOR AND A HEARING OFFICER HAVE THE POWER TO20
ENFORCE PROVISIONS OF THIS ARTICLE 3.3 THROUGH THE IMPOSITION OF:21
(a) A
PPROPRIATE ADMINISTRATIVE REMEDIES ;22
(b) A
CTUAL DAMAGES RELATED TO EMPLOYEE ORGANIZATION23
DUES;24
(c) B
ACK PAY, INCLUDING BENEFITS;25
(d) R
EINSTATEMENT OF THE COUNTY EMPLOYEE WITH THE SAME26
SENIORITY STATUS THAT THE EMPLOYEE WOULD HAVE HAD BUT FOR THE27
230
-15- VIOLATION;1
(e) O
THER REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A2
COUNTY EMPLOYEE OR GROUP OF COUNTY EMPLOYEES FROM UNLAWFUL3
CONDUCT BY A COUNTY; AND4
(f) D
ECLARATORY OR INJUNCTIVE RELIEF OR PROVISIONAL5
REMEDIES, INCLUDING TEMPORARY RESTRAINING ORDERS OR PRELIMINARY6
INJUNCTIONS.7
(5) T
HE DIRECTOR SHALL MAINTAIN ON THE DIVISION 'S WEBSITE:8
(a) C
URRENT VERSIONS OF THIS ARTICLE 3.3 AND THE RULES9
ADOPTED PURSUANT TO THIS ARTICLE 3.3;10
(b) A
LL HEARING OFFICER DECISIONS AND ORDERS ;11
(c) A
LL FINAL JUDGMENTS AND WRITTEN DECISIONS OF FACT12
FINDERS PURSUANT TO SECTION 8-3.3-114; AND13
(d) A
LL ADMINISTRATIVE DETERMINATIONS OF CERTIFICATION AND14
DECERTIFICATION OF EXCLUSIVE REPRESENTATIVES .15
(6) T
HE DIRECTOR MAY ADOPT RULES AS NECESSARY TO16
IMPLEMENT AND ADMINISTER THIS ARTICLE 3.3, INCLUDING RULES:17
(a) T
O ESTABLISH PROCEDURES AS SPECIFIED IN SUBSECTION (1) OF18
THIS SECTION;19
(b) G
OVERNING HEARINGS CONDUCTED PURS UANT TO THIS20
ARTICLE 3.3;21
(c) R
EGARDING OBJECTIONS TO THE CONDUCT OF AN ELECTION22
PURSUANT TO SECTION 8-3.3-109; AND23
(d) R
EGARDING FACT FINDING PURSUANT TO SECTION 8-3.3-114.24
(7) T
HE DIVISION SHALL PARTNER WITH THE FEDERAL MEDIATION25
AND CONCILIATION SERVICE TO OFFER TRAINING IN INTEREST -BASED26
BARGAINING UPON THE MUTUAL REQUEST OF AN EMPLOYEE27
230
-16- ORGANIZATION AND A COUNTY .1
8-3.3-107. Judicial enforcement. T
HE DIRECTOR OR ANY PARTY2
OF INTEREST MAY REQUEST THE APPROPRIATE DISTRICT COURT TO3
ENFORCE ORDERS ISSUED PURSUANT TO THIS ARTICLE 3.3, INCLUDING4
THOSE FOR APPROPRIATE TEMPORARY RELIEF AND RESTRAINING ORDERS .5
T
HE COURT SHALL CONSIDER THE REQUEST FOR ENFORCEMENT BASED ON6
THE RECORD MADE BEFORE THE DIRECTOR OR HEARING OFFICER . THE7
COURT SHALL UPHOLD THE ACTION OF THE DIRECTOR OR HEARING OFFICER8
AND TAKE APPROPRIATE ACTION TO ENFORCE THE ACTION , UNLESS THE9
COURT CONCLUDES THAT THE ORDER IS UNLAWFUL PURSUANT TO SECTION10
24-4-106 (7)(b).11
8-3.3-108. Certification of the employee organization as the12
exclusive representative - rules. (1) (a) O
N AND AFTER JULY 1,
2023,13
THE DIRECTOR SHALL CERTIFY AND A COUNTY SHALL RECOGNIZE AN14
EMPLOYEE ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF A 15
BARGAINING UNIT UPON A SECRET BALLOT ELECTION IN WHICH THE16
EMPLOYEE ORGANIZATION RECEIVES MORE THAN FIFTY PERCENT OF THE17
VALID BALLOTS CAST. AN ELECTION SHALL TAKE PLACE WHEN , IN18
ACCORDANCE WITH RULES PROMULGATED BY THE DIRECTOR , A PETITION19
IS FILED BY AN EMPLOYEE ORGANIZATION CONTAINING A SHOWING OF20
INTEREST OF AT LEAST THIRTY PERCENT OF THE COUNTY EMPLOYEES IN A21
BARGAINING UNIT.22
(b) T
HE SUFFICIENCY OF THE SHOWING OF INTEREST IN A23
REPRESENTATION ELECTION
FOR EXCLUSIVE REPRESENTATION IS AN24
ADMINISTRATIVE DETERMINATION MADE BY THE DIRECTOR OR THE25
DIRECTOR'S DESIGNEE AND IS NOT SUBJECT TO CHALLENGE BY ANY26
PERSON. THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF ANY27
230
-17- COUNTY EMPLOYEE WHO HAS PARTICIPATED IN THE SHOWING OF INTEREST1
TO ANY PERSON.2
(2) (a) T
HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION3
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF , ON OR BEFORE4
J
ANUARY 1, 2022, A COUNTY RECOGNIZED THE EMPLOYEE ORGANIZATION5
AS THE EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT . THE6
EMPLOYEE ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE7
REPRESENTATIVE FOR THE BARGAINING UNIT UNTIL OR UNLESS THE8
EMPLOYEE ORGANIZATION IS DECERTIFIED AS THE EXCLUSIVE9
REPRESENTATIVE IN ACCORDANCE WITH THIS ARTICLE 3.3.10
(b) T
HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION11
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF A COUNTY , AFTER12
J
ANUARY 1, 2022, AND BEFORE JULY 1, 2023,
RECOGNIZED THE EMPLOYEE13
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE AND THE14
RECOGNITION WAS BASED ON A DEMONSTRATION OF MAJORITY SUPPORT15
BY THE EMPLOYEE ORGANIZATION OR THE EMPLOYEE ORGANIZATION WAS16
SELECTED IN A SECRET BALLOT ELECTION BY A MAJORITY OF BARGAINING17
UNIT COUNTY EMPLOYEES VOTING IN THE ELECTION . THE EMPLOYEE18
ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE19
OF THE BARGAINING UNIT UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION20
IS DECERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH21
THIS ARTICLE 3.3.22
(c) N
O COUNTY EMPLOYEE POSITIONS IN A DEEMED CERTIFIED23
BARGAINING UNIT MAY BE EXCLUDED FROM THE BARGAINING UNIT ,24
EXCEPT BY AGREEMENT OF THE EXCLUSIVE REPRESENTATIVE AND THE25
COUNTY.26
8-3.3-109. Process for employee organization certification -27
230
-18- intervening employee organizations - secret ballot elections - rules. (1)1
UPON THE FILING OF A PETITION BY AN EMPLOYEE ORGANIZATION2
SEEKING EXCLUSIVE RECOGNITION , THE DIRECTOR SHALL REQUIRE THE3
COUNTY TO DISTRIBUTE NOTICE TO ALL COUNTY EMPLOYEES IN THE4
APPLICABLE BARGAINING UNIT THAT MUST IDENTIFY THE PETITIONER , THE5
BARGAINING UNIT SOUGHT BY THE PETITIONER , THE ELECTION PROCESS,6
AND AN ADVISEMENT OF C OUNTY EMPLOYEE RIGHTS UNDER SECTION7
8-3.3-103
(1), (2), AND (3).8
9
(2) W
ITHIN TEN DAYS AFTER THE DATE THE NOTICE REQUIRED IN10
SUBSECTION (1) OF THIS SECTION IS FIRST DISTRIBUTED, OTHER EMPLOYEE11
ORGANIZATIONS MAY SEEK TO INTERVENE IN THE CERTIFICATION PROCESS .12
A
N INTERVENER ORGANIZATION SHALL FILE A PETITION WITH THE13
DIRECTOR CONTAINING THE SIGNATURES OF NOT LESS THAN THIRTY14
PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT CLAIMED15
TO BE APPROPRIATE BY THE INTERVENER .16
(3) I
F THERE IS A DISPUTE REGARDING THE POSITIONS TO BE17
INCLUDED IN THE APPROPRIATE BARGAINING UNIT , THE DIRECTOR SHALL18
PROMPTLY ORDER A HEARING CONDUCTED IN ACCORDANCE WITH THE19
RULES ADOPTED PURSUANT TO THIS ARTICLE 3.3. UPON DETERMINATION20
OF THE COMPOSITION OF THE APPROPRIATE BARGAINING UNIT , WHETHER21
BY CONSENT OF THE PARTIES OR UPON A DECISION BY THE DIRECTOR OR22
THE DIRECTOR'S DESIGNEE, THE DIRECTOR SHALL DETERMINE THE23
SUFFICIENCY OF THE SHOWING OF INTEREST OF EACH PETITIONER . IF A24
PETITIONER LACKS A SUFFICIENT SHOWING OF INTEREST , THE DIRECTOR25
SHALL PROVIDE THAT PETITIONER WITH A TEN -DAY OPPORTUNITY TO26
DEMONSTRATE A SUFFICIENT SHOWING OF INTEREST IN THE BARGAINING27
230
-19- UNIT THAT WAS DEEMED APPROPRIATE .1
(4) W
ITHIN TEN DAYS AFTER THE DIRECTOR 'S DETERMINATION2
THAT A SUFFICIENT SHOWING OF INTEREST HAS BEEN PROVIDED PURSUANT3
TO SUBSECTION (3) OF THIS SECTION, THE DIRECTOR SHALL:4
(a) O
RDER THE COUNTY TO PROVIDE TO THE PETITIONING5
EMPLOYEE ORGANIZATION OR ORGANIZATIONS THE NAMES , JOB TITLES,6
WORK LOCATIONS, HOME ADDRESSES, PERSONAL E-MAIL ADDRESSES, AND7
HOME OR CELLULAR TELEPHONE NUMBERS OF ANY COUNTY EMPLOYEE IN8
THE APPROPRIATE BARGAINING UNIT UNLESS DIRECTED BY THE COUNTY9
EMPLOYEE NOT TO PROVIDE SOME OR ALL OF THE INFORMATION ; 10
(b) E
STABLISH BY CONSENT OR ORDER THE PROCEDURES FOR A11
SECRET BALLOT ELECTION; AND12
(c) O
RDER THE COUNTY TO DISTRIBUTE A NOTICE PREPARED BY13
THE DIRECTOR THAT DESCRIBES THE PROCEDURES OF THE SECRET BALLOT14
ELECTION TO ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING15
UNIT.16
(5) T
HE BALLOT FOR THE SECRET BALLOT ELECTION MUST17
CONTAIN:18
(a) T
HE NAME OF ANY EMPLOYEE ORGANIZATION SUBMITTING A19
PETITION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY20
PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING21
UNIT; AND22
(b) A
CHOICE OF "NO REPRESENTATION" FOR COUNTY EMPLOYEES23
TO INDICATE THEY DO NOT DESIRE TO BE REPRESENTED BY AN EMPLOYEE24
ORGANIZATION.25
(6) (a) I
F AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF26
BALLOTS CAST IN A SECRET BALLOT ELECTION , THE DIRECTOR SHALL27
230
-20- CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE1
REPRESENTATIVE OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE2
BARGAINING UNIT SUBJECT TO ANY VALID OBJECTIONS TO THE CONDUCT3
OF THE ELECTION FILED IN ACCORDANCE WITH THIS ARTICLE 3.3 AND THE4
RULES OF THE DIRECTOR.5
(b) W
ITHIN TWENTY-EIGHT DAYS AFTER A SECRET BALLOT6
ELECTION IN WHICH NO EMPLOYEE ORGANIZATION RECEIVES A MAJORITY7
OF THE BALLOTS CAST , THE DIRECTOR SHALL CONDUCT A RUNOFF8
ELECTION BETWEEN THE TWO EMPLOYEE ORGANIZATIONS RECEIVING THE9
LARGEST NUMBER OF BALLOTS CAST . THE DIRECTOR SHALL CERTIFY THE10
RESULTS OF THE ELECTION , AND, IF AN EMPLOYEE ORGANIZATION11
RECEIVES A MAJORITY OF THE BALLOTS CAST , THE DIRECTOR SHALL12
CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE13
REPRESENTATIVE OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE14
BARGAINING UNIT, SUBJECT TO ANY VALID OBJECTIONS TO THE CONDUCT15
OF THE ELECTION FILED IN ACCORDANCE WITH THIS ARTICLE 3.3 AND THE16
RULES OF THE DIRECTOR.17
(7) W
ITHIN SEVEN DAYS AFTER CERTIFICATION OF THE RESULTS OF18
A SECRET BALLOT ELECTION, ANY PARTY MAY FILE OBJECTIONS TO THE19
CONDUCT OF THE ELECTION OR TO CONDUCT AFFECTING THE RESULTS OF20
THE ELECTION IN ACCORDANCE WITH RULES PROMULGATED BY THE21
DIRECTOR. THE OBJECTIONS MUST CONTAIN A SHORT STATEMENT OF THE22
REASONS FOR THE OBJECTIONS AND BE ACCOMPANIED BY A WRITTEN23
OFFER OF PROOF IDENTIFYING EACH WITNESS THE PARTY WOULD CALL TO24
TESTIFY CONCERNING THE ISSUE AND A SUMMARY OF THE WITNESS 'S25
TESTIMONY. UPON A SHOWING OF GOOD CAUSE , THE DIRECTOR MAY26
EXTEND THE TIME FOR FILING THE OFFER OF PROOF. THE PARTY FILING THE27
230
-21- OBJECTIONS SHALL SERVE A COPY OF THE OBJECTIONS , BUT NOT THE1
WRITTEN OFFER OF PROOF, ON EACH OF THE OTHER PARTIES TO THE CASE.2
I
F THE DIRECTOR OR A DESIGNATED HEARING OFFICER FINDS THAT3
MISCONDUCT AFFECTED THE OUTCOME OF THE ELECTION , THE DIRECTOR4
SHALL INVALIDATE THE ELECTION AND ORDER A SUBSEQUENT ELECTION5
FOR THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT6
WITHIN TWENTY-EIGHT DAYS AFTER THE FINDING.7
8-3.3-110. Determination of appropriate bargaining unit.
8
(1) T
HE DIRECTOR SHALL, UPON RECEIPT OF A PETITION FOR A
9
REPRESENTATION ELECTION, DESIGNATE THE APPROPRIATE BARGAINING10
UNIT FOR COLLECTIVE BARGAINING IN ACCORDANCE WITH THIS SECTION .11
T
HE DESIGNATION MUST BE DETERMINED BY :
12
(a) C
ONSENT OF THE PARTIES; OR
13
(b) I
F THERE IS NOT AGREEMENT BETWEEN THE PARTIES , AN
14
ADMINISTRATIVE DETERMINATION OF THE DIRECTOR .15
(2) I
N DETERMINING THE APPROPRIATENESS OF A BARGAINING
16
UNIT, THE DIRECTOR SHALL CONSIDER:17
(a) T
HE DESIRES OF THE PUBLIC EMPLOYEES;
18
(b) T
HE SIMILARITY OF DUTIES, SKILLS, AND WORKING CONDITIONS
19
OF THE PUBLIC EMPLOYEES INVOLVED ;20
(c) T
HE WAGES, HOURS, AND OTHER WORKING CONDITIONS OF THE
21
PUBLIC EMPLOYEES;22
(d) T
HE ADMINISTRATIVE STRUCTURE AND SIZE OF THE PUBLIC
23
EMPLOYER;24
(e) T
HE HISTORY OF COLLECTIVE BARGAINING WITH THAT PUBLIC
25
EMPLOYER, IF ANY, AND WITH SIMILAR PUBLIC EMPLOYERS ; AND26
(f) O
THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY
27
230
-22- TAKEN INTO CONSIDERATION IN DETERMINING THE APPROPRIATENESS OF1
BARGAINING UNITS IN THE PUBLIC SECTOR.2
8-3.3-111. Decertification of exclusive representative - rules.3
(1) A
COUNTY EMPLOYEE IN A BARGAINING UNIT OR AN EMPLOYEE4
ORGANIZATION MAY INITIATE DECERTIFICATION OF THE EMPLOYEE5
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE UPON SUBMISSION TO6
THE DIRECTOR OF A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY7
PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING8
UNIT REQUEST DECERTIFICATION OF THE EXISTING EXCLUSIVE9
REPRESENTATIVE OR A SHOWING OF INTEREST DEMONSTRATING THAT10
THIRTY PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT11
AUTHORIZE AN EMPLOYEE ORGANIZATION OTHER THAN THE EXCLUSIVE12
REPRESENTATIVE TO REPRESENT THEM FOR PURPOSES OF COLLECTIVE13
BARGAINING. DECERTIFICATION ELECTIONS MUST BE HELD IN A MANNER14
SIMILAR TO CERTIFICATION ELECTIONS , AS SPECIFIED IN RULES15
PROMULGATED BY THE DIRECTOR , SO LONG AS AN INCUMBENT EXCLUSIVE16
REPRESENTATIVE EMPLOYEE ORGANIZATION IS NOT REQUIRED TO FILE A17
SHOWING OF INTEREST TO BE PLACED ON THE BALLOT .18
(2) I
F THERE IS A COLLECTIVE BARGAINING AGREEMENT IN EFFECT ,19
A PETITION FOR A DECERTIFICATION ELECTION MAY BE MADE TO THE20
DIRECTOR NO EARLIER THAN NINETY DAYS AND NO LATER THAN SIXTY21
DAYS PRIOR TO THE EXPIRATION OF THE COLLECTIVE BARGAINING22
AGREEMENT; EXCEPT THAT A REQUEST FOR AN ELECTION MAY BE FILED AT23
ANY TIME AFTER THE EXPIRATION OF THE THIRD YEAR OF A COLLECTIVE24
BARGAINING AGREEMENT THAT HAS A TERM OF MORE THAN THREE YEARS .25
(3) I
F AN EXCLUSIVE REPRESENTATIVE HAS BEEN CERTIFIED BUT NO26
COLLECTIVE BARGAINING AGREEMENT IS IN EFFECT , THE DIRECTOR SHALL27
230
-23- NOT ACT ON A REQUEST FOR A DECERTIFICATION ELECTION EARLIER THAN1
TWELVE MONTHS AFTER THE CERTIFICATION OF AN EMPLOYEE2
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE .3
8-3.3-112. Obligation to negotiate in good faith. (1) T
HE4
COUNTY AND THE EXCLUSIVE REPRESENTATIVE OR ITS REPRESENTATIVE5
HAVE THE AUTHORITY AND THE OBLIGATION TO COLLECTIVELY BARGAIN6
IN GOOD FAITH. THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD7
FAITH DOES NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL OR8
MAKE A CONCESSION.9
(2) T
HE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH :10
(a) R
EQUIRES A COUNTY, UPON REQUEST OF THE EXCLUSIVE11
REPRESENTATIVE, TO PROVIDE INFORMATION THAT MAY BE RELEVANT TO12
THE TERMS AND CONDITIONS OF EMPLOYMENT OR THE INTERPRETATION OF13
THE COLLECTIVE BARGAINING AGREEMENT ;14
(b) I
NCLUDES A COUNTY 'S DUTY TO FURNISH DATA TO THE15
EXCLUSIVE REPRESENTATIVE THAT :16
(I) I
S NORMALLY MAINTAINED BY THE COUNTY IN THE REGULAR17
COURSE OF BUSINESS; AND18
(II) I
S REASONABLY AVAILABLE AND NECESSARY FOR FULL AND19
PROPER DISCUSSION, UNDERSTANDING, AND NEGOTIATION OF SUBJECTS20
WITHIN THE SCOPE OF COLLECTIVE BARGAINING OR SUBJECT TO A21
GRIEVANCE UNDER A COLLECTIVE BARGAINING AGREEMENT ; AND22
(c) D
OES NOT INCLUDE AN OBLIGATION TO FURNISH INFORMATION23
THAT CONSTITUTES GUIDANCE, ADVICE, COUNSEL, OR TRAINING PROVIDED24
FOR MANAGERIAL EMPLOYEES OR EXECUTIVE EMPLOYEES RELATING TO25
COLLECTIVE BARGAINING.26
(3) C
OLLECTIVE BARGAINING BETWEEN A SINGLE COUNTY AND AN27
230
-24- EMPLOYEE ORGANIZATION SERVING AS THE EXCLUSIVE REPRESENTATIVE1
OF MORE THAN ONE BARGAINING UNIT OF COUNTY EMPLOYEES MUST BE2
CONSOLIDATED UPON THE REQUEST OF THE COUNTY .3
(4) AN EXCLUSIVE REPRESENTATIVE AND A COUNTY SHALL MAKE4
A GOOD FAITH EFFORT TO COMPLETE NEGOTIATIONS SO THAT THE TERMS5
OF A COLLECTIVE BARGAINING AGREEMENT MAY BE EFFECTIVELY6
CONSIDERED BY THE BOARD OF COUNTY COMMISSIONERS DURING THE7
ADOPTION OF THE COUNTY BUDGET. THE BOARD OF COUNTY8
COMMISSIONERS IS NOT OBLIGATED TO MAKE AN APPROPRIATION OF FUNDS9
NECESSARY TO FUND THE TERMS OF A COLLECTIVE BARGAINING10
AGREEMENT REACHED AFTER OCTOBER 15 OF THE YEAR PRIOR TO THE11
BUDGET YEAR IF THE EXCLUSIVE REPRESENTATIVE HAS NOT BEEN12
CERTIFIED PRIOR TO JUNE 1 OF THE CURRENT YEAR UNLESS OTHERWISE13
AGREED UPON BY BOTH PARTIES.14
8-3.3-113. Collective bargaining agreement - arbitration.15
(1) A
N AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE16
REPRESENTATIVE AND A COUNTY , WITH THE APPROVAL OF THE BOARD OF
17
COUNTY COMMISSIONERS OF THE COUNTY , CONSTITUTES THE COLLECTIVE18
BARGAINING AGREEMENT BETWEEN THE PARTIES .19
(2) A
COLLECTIVE BARGAINING AGREEMENT ENTERED INTO UNDER20
THIS ARTICLE 3.3 MUST BE FOR A TERM OF AT LEAST TWELVE MONTHS AND21
NOT MORE THAN SIXTY MONTHS . A COLLECTIVE BARGAINING AGREEMENT22
REMAINS IN EFFECT UNTIL REPLACED BY A SUBSEQUENT COLLECTIVE23
BARGAINING AGREEMENT .24
(3) I
F THERE IS AN EXISTING LAW , POLICY, ORDINANCE, OR25
CHARTER PROVISION THAT APPLIES TO A COUNTY THAT PROVIDES26
PROCEDURES FOR THE APPEAL OF COUNTY EMPLOYEE DISCIPLINE ,27
230
-25- INCLUDING TERMINATIONS, A COUNTY EMPLOYEE MAY ELECT TO APPEAL1
A DISCIPLINARY ACTION EITHER UNDER THE APPLICABLE APPEALS2
PROCEDURE ESTABLISHED BY THAT LAW , POLICY, ORDINANCE, OR CHARTER3
PROVISION OR UNDER A GRIEVANCE PROCEDURE ESTABLISHED IN A4
COLLECTIVE BARGAINING AGREEMENT APPLICABLE TO THE COUNTY , BUT5
NOT BOTH. A COUNTY EMPLOYEE 'S ELECTION OF A REMEDY IS6
IRREVOCABLE AND IS MADE AT THE TIME THE COUNTY EMPLOYEE TIMELY7
FILES A WRITTEN DISCIPLINARY APPEAL UNDER THE NEGOTIATED8
GRIEVANCE PROCEDURE OR THE PROCEDURE ESTABLISHED BY LAW , POLICY,9
ORDINANCE, OR CHARTER PROVISION, WHICHEVER OCCURS FIRST.10
(4) (a) A
COLLECTIVE BARGAINING AGREEMENT SHALL PROVIDE11
FOR A GRIEVANCE PROCEDURE CULMINATING IN FINAL AND BINDING12
ARBITRATION, SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH THIS13
ARTICLE 3.3, TO RESOLVE DISPUTES OVER THE INTERPRETATION ,14
APPLICATION, AND ENFORCEMENT OF ANY PROVISION OF THE COLLECTIVE15
BARGAINING AGREEMENT .16
(b) A
N EXCLUSIVE REPRESENTATIVE OR THE COUNTY MAY SEEK17
JUDICIAL REVIEW OR CONFIRMATION OF AN ARBITRATOR 'S DECISION AS THE18
FINAL STEP IN A COLLECTIVE BARGAINING AGREEMENT GRIEVANCE19
PROCEDURE IN A COURT OF COMPETENT JURISDICTION . THE DECISION OF AN20
ARBITRATOR MUST BE ENFORCED , AND THE PARTIES SHALL COMPLY WITH21
THE DECISION AND AWARD, UNLESS A COURT CONCLUDES THAT :22
(I) T
HE DECISION AND AWARD WAS PROCURED BY CORRUPTION ,23
FRAUD, OR OTHER UNDUE MEANS;24
(II) T
HE ARBITRATOR EXCEEDED THE ARBITRATOR 'S AUTHORITY;25
(III) T
HE ARBITRATOR'S DECISION AND AWARD VIOLATED PUBLIC26
POLICY;27
230
-26- (IV) THE ARBITRATOR ENGAGED IN MANIFEST DISREGARD OF THE1
LAW; OR2
(V) T
HE ARBITRATOR DENIED THE PARTIES A FUNDAMENTALLY3
FAIR HEARING.4
(5) A
COLLECTIVE BARGAINING AGREEMENT SHALL NOT :5
(a) D
ELAY THE PROMPT INTERVIEWING OF COUNTY EMPLOYEES6
UNDER INVESTIGATION; EXCEPT THAT A COUNTY EMPLOYEE MUST BE7
GIVEN SUFFICIENT TIME TO HAVE THE COUNTY EMPLOYEE 'S EXCLUSIVE8
REPRESENTATIVE PRESENT AT ANY EXAMINATION IN CONNECTION WITH AN9
INVESTIGATION IN ACCORDANCE WITH SECTION 8-3.3-103 (3);10
(b) P
ERMIT A COUNTY EMPLOYEE TO USE PAID TIME FOR ANY OR11
ALL OF A SUSPENSION WHEN THE SUSPENSION WAS PROPERLY IMPOSED , IN
12
ACCORDANCE WITH APPLICABLE STANDARDS OR PROCEDURES , OR WHERE13
A SUPERVISOR, EMPLOYER, ADMINISTRATIVE LAW JUDGE , HEARING14
OFFICER, OR A COURT HAS FOUND A DEPRIVATION OF RIGHTS UNDER THE15
STATE OR FEDERAL CONSTITUTION ;16
(c) P
ERMIT THE EXPUNGEMENT OF DISCIPLINARY RECORDS FROM A17
COUNTY EMPLOYEE'S PERSONNEL FILE FOR SUBSTANTIATED INFRACTIONS18
OF A COUNTY'S POLICIES REGARDING:19
(I) P
HYSICAL USE OF FORCE;20
(II) D
EADLY PHYSICAL FORCE;21
(III) A
CTIONS RESULTING IN DEATH OR SERIOUS BODILY INJURY ;22
AND23
(IV) A
CTIONS RESULTING IN A DEPRIVATION OF RIGHTS UNDER THE24
STATE OR FEDERAL CONSTITUTION ;25
(d) I
MPOSE LIMITS ON THE PERIOD OF TIME DURING WHICH A26
COUNTY EMPLOYEE MAY BE DISCIPLINED OR AN INVESTIGATION MAY27
230
-27- OCCUR FOR INCIDENTS INVOLVING PHYSICAL FORCE , INCIDENTS OF DEADLY1
PHYSICAL FORCE, INCIDENTS THAT RESULTED IN DEATH OR SERIOUS BODILY2
INJURY, OR INCIDENTS ALLEGING A DEPRIVATION OF AN INDIVIDUAL 'S3
RIGHTS UNDER THE STATE OR FEDERAL CONSTITUTION ;4
(e) P
LACE LIMITATIONS ON THE SUBSTANCE , METHOD FOR FILING,5
OR SOURCE OF COMPLAINTS THAT MAY PROMPT AN INVESTIGATION INTO6
EMPLOYEE MISCONDUCT .7
(6) A
COLLECTIVE BARGAINING AGREEMENT MUST BE CONSISTENT8
WITH APPLICABLE STATE AND FEDERAL LAWS , INCLUDING STATE AND9
FEDERAL LAWS GOVERNING THE COUNTY OFFICIALS ' AND COUNTY10
EMPLOYEES' RETIREMENT PLAN OR THE COLORADO EMPLOYEE RETIREMENT11
SYSTEM DESCRIBED IN ARTICLE 51 OF TITLE 24, WHICHEVER IS APPLICABLE.12
I
F ANY CLAUSE IN A COLLECTIVE BARGAINING AGREEMENT IS DETERMINED13
TO BE INVALID OR UNENFORCEABLE , THE UNENFORCEABILITY OR14
INVALIDITY OF SUCH CLAUSE DOES NOT AFFECT THE ENFORCEABILITY OR15
VALIDITY OF ANY OTHER CLAUSE OF THE COLLECTIVE BARGAINING16
AGREEMENT.17
(7) A
NY TERM OF A COLLECTIVE BARGAINING AGREEMENT18
REQUIRING THE APPROPRIATION OF FUNDS MUST BE SUBMITTED TO THE19
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AT THE MEETING20
FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE TO THE21
COUNTY THAT THE BARGAINING UNIT HAS APPROVED THE AGREEMENT IN22
ACCORDANCE WITH THE INTERNAL PROCEDURES OF THE EXCLUSIVE23
REPRESENTATIVE.24
8-3.3-114. Impasse resolution - fact finding - rules. (1) I
F AN25
IMPASSE ARISES ON ONE OR MORE ISSUES DURING THE NEGOTIATION OF A26
COLLECTIVE BARGAINING AGREEMENT , THE EXCLUSIVE REPRESENTATIVE27
230
-28- AND THE COUNTY SHALL ENGAGE IN THE DISPUTE RESOLUTION PROCESS1
ESTABLISHED IN THIS SECTION OR AN ALTERNATIVE PROCEDURE2
ESTABLISHED BY MUTUAL AGREEMENT . THE DEADLINES IN THIS SECTION3
MAY BE EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES .4
(2) (a) I
F THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY5
CANNOT REACH AN AGREEMENT ON ONE OR MORE ISSUES SUBJECT TO6
COLLECTIVE BARGAINING WITHIN NINETY CALENDAR DAYS AFTER7
COMMENCING MEETINGS TO NEGOTIATE , OR BY THE ONE HUNDRED8
TWENTIETH DAY PRIOR TO THE EXPIRATION OF AN EXISTING COLLECTIVE9
BARGAINING AGREEMENT , WHICHEVER IS EARLIER, EITHER PARTY MAY10
REQUEST THE ASSISTANCE OF A MEDIATOR. IF MEDIATION IS REQUESTED BY11
EITHER PARTY, BARGAINING MUST CONTINUE WITH THE AID OF A12
MEDIATOR.13
(b) I
F THE PARTIES CANNOT AGREE ON A MEDIATOR WITHIN SEVEN14
CALENDAR DAYS AFTER THE REQUEST FOR MEDIATION , THE PARTIES MUST15
REQUEST MEDIATION ASSISTANCE FROM THE FEDERAL MEDIATION AND16
CONCILIATION SERVICE. THE PARTIES SHALL SHARE EQUALLY THE COST OF17
MEDIATION SERVICES, IF ANY.18
(3) M
EDIATION MUST CONTINUE FOR SIXTY DAYS , UNTIL SIXTY19
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING COLLECTIVE BARGAINING20
AGREEMENT, OR UNTIL THE MEDIATOR DETERMINES THAT MEDIATION21
SERVICES ARE NO LONGER NECESSARY OR EFFECTIVE , WHICHEVER OCCURS22
FIRST. MEDIATION MAY CONTINUE THEREAFTER UPON MUTUAL23
AGREEMENT OF THE PARTIES.24
(4) (a) I
F THE PARTIES REMAIN AT AN IMPASSE FOLLOWING25
MEDIATION, EITHER PARTY MAY REQUEST FACT FINDING IN ACCORDANCE26
WITH RULES PROMULGATED BY THE DIRECTOR .27
230
-29- (b) THE DIRECTOR SHALL MAINTAIN A ROSTER OF QUALIFIED FACT1
FINDERS, EACH OF WHOM MUST BE REGISTERED WITH THE FEDERAL2
MEDIATION AND CONCILIATION SERVICE OR THE AMERICAN ARBITRATION3
A
SSOCIATION, AND SHALL REQUIRE THE PARTIES TO SELECT A FACT FINDER4
FROM THE DIRECTOR'S ROSTER OR FROM A ROSTER OF LABOR ARBITRATORS5
OBTAINED DIRECTLY FROM THE FEDERAL MEDIATION AND CONCILIATION6
SERVICE OR THE AMERICAN ARBITRATION ASSOCIATION, OR ITS7
SUCCESSOR ORGANIZATION . THE PARTIES SHALL SELECT A FACT FINDER8
FROM A LIST OF SEVEN NAMES FROM THE ROSTER , AS DESIGNATED BY THE9
DIRECTOR AND THE AMERICAN ARBITRATION ASSOCIATION, OR ITS10
SUCCESSOR ORGANIZATION , OR THE FEDERAL MEDIATION AND11
CONCILIATION SERVICE, WHICHEVER IS APPLICABLE.12
(c) U
NLESS THE PARTIES OTHERWISE AGREE, THE FACT FINDER WILL13
MAKE A RECOMMENDATION TO ACCEPT THE FINAL OFFER OF THE14
EXCLUSIVE REPRESENTATIVE OR THE FINAL OFFER OF THE COUNTY ON EACH15
ISSUE IN DISPUTE.16
(d) I
N ARRIVING AT A RECOMMENDATION , THE FACT FINDER SHALL17
CONSIDER:18
(I) T
HE FINANCIAL ABILITY OF THE COUNTY TO MEET THE COSTS OF19
ANY PROPOSED SETTLEMENT ;20
(II) T
HE INTERESTS AND WELFARE OF THE PUBLIC ;21
(III) T
HE COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF22
EMPLOYMENT OF THE COUNTY EMPLOYEES INVOLVED IN THE COLLECTIVE23
BARGAINING IN COMPARISON WITH THE COMPENSATION , HOURS, AND24
TERMS AND CONDITIONS OF EMPLOYMENT OF OTHER EMPLOYEES IN THE25
PUBLIC AND PRIVATE SECTORS IN COMPARABLE COMMUNITIES ;26
(IV) T
HE STIPULATIONS OF THE PARTIES;27
230
-30- (V) THE LAWFUL AUTHORITY OF THE COUNTY ;1
(VI) C
HANGES IN THE COST OF LIVING; AND2
(VII) O
THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY3
TAKEN INTO CONSIDERATION IN THE DETERMINATION OF COMPENSATION ,4
HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT THROUGH5
VOLUNTARY COLLECTIVE BARGAINING , INTEREST ARBITRATION , OR6
OTHERWISE BETWEEN PARTIES IN PUBLIC AND PRIVATE EMPLOYMENT .7
(e) T
HE PARTIES SHALL SHARE THE COST OF THE FACT FINDER8
EQUALLY.9
(5) T
HE EXCLUSIVE REPRESENTATIVE SHALL APPROVE OR REJECT10
THE RECOMMENDATION OF THE FACT FINDER IN ACCORDANCE WITH ITS11
INTERNAL PROCEDURES. IF THE EXCLUSIVE REPRESENTATIVE APPROVES OF12
THE RECOMMENDATION , THE BOARD OF COUNTY COMMISSIONERS OF THE13
COUNTY SHALL VOTE TO ACCEPT OR REJECT THE RECOMMENDATION AT A14
REGULAR OR SPECIAL MEETING OPEN TO THE PUBLIC IMMEDIATELY15
FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE THAT THE16
BARGAINING UNIT HAS ACCEPTED THE RECOMMENDATION .17
(6) (a) E
XCEPT FOR THE PARTIES IDENTIFIED IN SUBSECTION (6)(b)18
OF THIS SECTION, IF THE PARTIES ARE AT AN IMPASSE FOLLOWING19
CONSIDERATION OF THE RECOMMENDATIONS OF THE FACT FINDER , EACH20
PARTY REMAINS OBLIGATED TO COLLECTIVELY BARGAIN IN GOOD FAITH TO21
RESOLVE THE IMPASSE.22
(b) B
ARGAINING UNITS OF A LOCAL GOVERNMENT EMPLOYER THAT23
INCLUDE FIREFIGHTERS, AS DEFINED IN SECTION 29-5-301 (2), MUST24
COMPLY WITH POST-FACT-FINDING PROCEDURES IN SECTION 29-5-210 (9),25
(10),
AND (13).26
(7) E
XCEPT FOR THE RECOMMENDATION OF A FACT FINDER , ALL27
230
-31- DOCUMENTS, PROPOSALS, AND DRAFT AND TENTATIVE AGREEMENTS1
DRAFTED OR EXCHANGED PURSUANT TO THE PROCESS ESTABLISHED IN THIS2
SECTION ARE PRIVILEGED, ARE NOT PUBLIC RECORDS , AND ARE NOT3
SUBJECT TO INSPECTION PURSUANT TO THE "COLORADO OPEN RECORDS4
A
CT", PART 2 OF ARTICLE 72 OF TITLE 24.5
8-3.3-115. Unfair labor practices. (1) A
COUNTY OR EXCLUSIVE6
REPRESENTATIVE SHALL NOT REFUSE TO NEGOTIATE IN GOOD FAITH WITH7
RESPECT TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF8
EMPLOYMENT, INCLUDING REFUSING TO COOPERATE IN ANY IMPASSE9
RESOLUTION PROCEDURE.10
(2) A
COUNTY, ITS REPRESENTATIVES, ITS AGENTS, OR ANYONE11
ACTING ON BEHALF OF THE COUNTY SHALL NOT :12
(a) D
ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,13
OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST,14
COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST,15
ANY COUNTY EMPLOYEE FOR FORMING OR ASSISTING AN EMPLOYEE16
ORGANIZATION OR EXPRESSING THE COUNTY EMPLOYEE 'S VIEWS17
REGARDING COUNTY EMPLOYEE REPRESENTATION OR WORKPLACE ISSUES18
OR THE RIGHTS GRANTED TO THE COUNTY EMPLOYEE IN THIS ARTICLE 3.3;19
(b) D
ETER OR DISCOURAGE COUNTY EMPLOYEES OR COUNTY20
EMPLOYEE APPLICANTS FROM BECOMING OR REMAINING MEMBERS OF AN21
EMPLOYEE ORGANIZATION OR FROM AUTHORIZING PAYROLL DEDUCTIONS22
FOR DUES OR FEES TO AN EMPLOYEE ORGANIZATION ; EXCEPT THAT THE
23
COUNTY MAY RESPOND TO QUESTIONS FROM A COUNTY EMPLOYEE24
PERTAINING TO THE COUNTY EMPLOYEE 'S EMPLOYMENT OR ANY MATTER25
DESCRIBED IN THIS PART 3.3, AS LONG AS THE RESPONSE IS NEUTRAL26
TOWARD PARTICIPATION IN , SELECTION OF, AND MEMBERSHIP IN AN27
230
-32- EMPLOYEE ORGANIZATION ;1
(c) U
SE ANY PUBLIC FUNDS OR OFFICIAL POSITION TO SUPPORT OR2
OPPOSE AN EMPLOYEE ORGANIZATION ; EXCEPT THAT THE PROVISION OF3
ROUTINE SERVICES AND FACILITIES AND PAID TIME FOR EXCLUSIVE4
REPRESENTATIVES MAY BE PROVIDED BY A COUNTY PURSUANT TO A5
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY AND AN6
EXCLUSIVE REPRESENTATIVE;7
(d) D
OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN8
EMPLOYEE ORGANIZATION ;9
(e) D
ISCHARGE OR DISCRIMINATE AGAINST A COUNTY EMPLOYEE10
BECAUSE THE COUNTY EMPLOYEE HAS FILED AN AFFIDAVIT , PETITION, OR11
COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO12
THIS ARTICLE 3.3 OR A COLLECTIVE BARGAINING AGREEMENT OR CHOSEN13
TO BE REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE ;14
(f) D
ENY THE RIGHTS ACCOMPANYING CERTIFICATION AS THE15
EXCLUSIVE REPRESENTATIVE PURSUANT TO THIS ARTICLE 3.3;16
(g) C
OLLECTIVELY BARGAIN IN REGARD TO MATTERS COVERED BY17
THIS ARTICLE 3.3 WITH A COUNTY EMPLOYEE OR GROUP OF C OUNTY18
EMPLOYEES IN THE BARGAINING UNIT OR AN EMPLOYEE ORGANIZATION19
PURPORTEDLY REPRESENTING THE COUNTY EMPLOYEES IN A BARGAINING20
UNIT OTHER THAN THE EXCLUSIVE REPRESENTATIVE ;21
(h) D
ISCLOSE TO A PRIVATE ENTITY, OTHER THAN THE EXCLUSIVE22
REPRESENTATIVE, PERSONALLY IDENTIFIABLE INFORMATION ABOUT23
COUNTY EMPLOYEES WITHIN THE BARGAINING UNIT THAT IS EXEMPT FROM24
DISCLOSURE PURSUANT TO LAW ; OR25
(i) O
THERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS26
ARTICLE 3.3.27
230
-33- (3) (a) AN EMPLOYEE ORGANIZATION OR EXCLUSIVE1
REPRESENTATIVE SHALL NOT:2
(I) I
NTERFERE WITH, RESTRAIN, OR COERCE A COUNTY EMPLOYEE3
WITH RESPECT TO THE RIGHTS GRANTED IN THIS ARTICLE 3.3 OR WITH4
RESPECT TO SELECTING AN EXCLUSIVE REPRESENTATIVE ;5
(II) W
ILLFULLY OR DELIBERATELY FAIL TO FAIRLY REPRESENT A6
COUNTY EMPLOYEE WHO IS IN A BARGAINING UNIT EXCLUSIVELY7
REPRESENTED BY THE EMPLOYEE ORGANIZATION IN THE NEGOTIATION OR8
ENFORCEMENT OF THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT ;9
OR10
(III) O
THERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF11
THIS ARTICLE 3.3.12
(b) T
HIS SUBSECTION (3) DOES NOT PROHIBIT AN EXCLUSIVE13
REPRESENTATIVE FROM PROVIDING LEGAL , ECONOMIC, OR JOB-RELATED14
SERVICES OR BENEFITS BEYOND THOSE ESTABLISHED IN ANY APPLICABLE15
COLLECTIVE BARGAINING AGREEMENT EXCLUSIVELY TO ITS MEMBERS .16
(4) A
N AGGRIEVED PARTY IS BARRED FROM FILING A CLAIM THAT17
ALLEGES THAT EITHER THE COUNTY OR EMPLOYEE ORGANIZATION HAS18
VIOLATED THIS SECTION UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS19
AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY20
SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION .21
(5) T
HE EXPRESSION OF ANY PERSONAL VIEW , ARGUMENT, OR22
OPINION BY AN ELECTED OFFICIAL MUST NOT BE CONSIDERED A VIOLATION23
OF THIS SECTION UNLESS THE EXPRESSION CONTAINS A THREAT OF24
REPRISAL OR PROMISE OF A BENEFIT OR IS MADE UNDER COERCIVE25
CONDITIONS. REPRESENTATIVES OF COUNTIES MAY CORRECT THE RECORD26
WITH RESPECT TO ANY FALSE OR MISLEADING STATEMENT MADE BY ANY27
230
-34- PERSON, PUBLICIZE THE FACT OF A REPRESENTATION ELECTION , AND1
ENCOURAGE COUNTY EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN2
THE ELECTION.3
(6) (a) A
N EXCLUSIVE REPRESENTATIVE CERTIFIED OR DEEMED4
CERTIFIED IN ACCORDANCE WITH THIS ARTICLE 3.3 SHALL NOT THREATEN,5
FACILITATE, SUPPORT, OR CAUSE A COUNTY EMPLOYEE TO PARTICIPATE IN6
THE FOLLOWING:7
(I) A
STRIKE;8
(II) A
WORK STOPPAGE;9
(III) A
WORK SLOWDOWN;10
(IV) A
GROUP SICK OUT; OR11
(V) A
N ACTION THAT DISRUPTS, ON A WIDESPREAD BASIS, THE12
DAY-TO-DAY FUNCTIONING OF A COUNTY .13
(b) A
CONTROVERSY CONCERNING AN ACTIVITY PROHIBITED BY14
SUBSECTION (6)(a) OF THIS SECTION MAY BE SUBMITTED TO THE DIVISION15
PURSUANT TO SECTION 8-3.3-106. UPON A FINDING THAT THE EXCLUSIVE16
REPRESENTATIVE HAS VIOLATED SUBSECTION (6)(a) OF THIS SECTION, THE17
DIRECTOR SHALL AWARD ANY APPROPRIATE RELIEF , INCLUDING18
SANCTIONS, FINES, OR DECERTIFICATION . IF AN EXCLUSIVE19
REPRESENTATIVE IS DECERTIFIED BY THE DIRECTOR , THE EMPLOYEE20
ORGANIZATION MAY BEGIN THE CERTIFICATION PROCESS IN SECTION21
8-3.3-108
AFTER ONE YEAR FROM THE DATE OF DECERTIFICATION .22
(c) N
OTHING IN THIS SUBSECTION (6) PROHIBITS THE EXCLUSIVE23
REPRESENTATIVE FROM ENGAGING IN OTHER CONCERTED ACTIVITIES FOR24
THE PURPOSE OF THE COLLECTIVE BARGAINING PROCESS OR OTHER25
MUTUAL AID OR PROTECTION , WITHOUT INTERFERENCE, RESTRAINT, OR26
COERCION BY THE COUNTY.27
230
-35- (d) NOTHING IN THIS SECTION AFFECTS THE RIGHTS OF ANY COUNTY1
EMPLOYEE OR EMPLOYEE ORGANIZATION NOT COVERED BY THE EXPRESS2
TERMS OF THIS ARTICLE 3.3.3
8-3.3-116. Existing bargaining relationships. A
N EXCLUSIVE4
REPRESENTATIVE DEEMED CERTIFIED PURSUANT TO THIS ARTICLE 3.3 HAS5
THE RIGHT TO COLLECTIVELY BARGAIN MATTERS NOT COVERED BY AN6
EXISTING COLLECTIVE BARGAINING AGREEMENT NEGOTIATED PRIOR TO7
THE EFFECTIVE DATE OF THIS ARTICLE 3.3 IF THE SUBJECTS PROPOSED FOR8
BARGAINING WERE OUTSIDE OF THE LAWFUL SCOPE OF BARGAINING PRIOR9
TO THE EFFECTIVE DATE OF THIS ARTICLE 3.3.10
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal
11
year, $326,092 is appropriated to the department of labor and12
employment. This appropriation is from the general fund. To implement13
this act, the department may use this appropriation as follows:14
(a) $266,950 for use by division of labor standards and statistics15
for program costs related to labor standards, which amount is based on an16
assumption that the subdivision will require an additional 2.5 FTE; and17
(b) $59,142 for the purchase of legal services.18
(2) For the 2022-23 state fiscal year, $59,142 is appropriated to the19
department of law. This appropriation is from reappropriated funds20
received from the department of labor and employment under subsection21
(1)(b) of this section and is based on an assumption that the department of22
law will require an additional 0.3 FTE. To implement this act, the23
department of law may use this appropriation to provide legal services for24
the department of labor and employment.25
SECTION 4. Effective date. This act takes effect July 1, 2023;26
except that section 8-3.3-106, Colorado Revised Statutes, enacted in27
230
-36- section 2 of this act, and sections 3 through 5 of this act take effect July1
1, 2022.2
SECTION 5. Safety clause. The general assembly hereby finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety.5
230
-37-