SENATE BILL 22-230
BY SENATOR(S) Fenberg and Moreno, Bridges, Buckner, Coleman,
Danielson, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
Kolker, Lee, Pettersen, Rodriguez, Story, Winter, Zenzinger, Donovan;
also REPRESENTATIVE(S) 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.
C
ONCERNING THE EXPANSION OF COUNTY EMPLOYEES ' RIGHTS TO
COLLECTIVE BARGAINING
, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) It is the purpose of this act to promote harmonious, peaceful, and
cooperative relationships between counties and county employees in the
state of Colorado;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) The creation of a statutory framework that recognizes the rights
of county employees to join organizations of their own choosing, to be
represented by those organizations, and to collectively bargain with their
employer over wages, hours, and other terms and conditions of their
employment will improve the delivery of public services in the state of
Colorado; and
(c) Collective bargaining for county employees is a matter of
statewide concern that affects public safety and general welfare.
SECTION 2. In Colorado Revised Statutes, add article 3.3 to title
8 as follows:
ARTICLE 3.3
Collective Bargaining by County Employees
8-3.3-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 3.3 IS THE
"COLLECTIVE BARGAINING BY COUNTY EMPLOYEES ACT".
8-3.3-102. Definitions. A
S USED IN THIS ARTICLE 3.3, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "B
ARGAINING UNIT" MEANS A GROUP OF COUNTY EMPLOYEES IN
A UNIT DEEMED APPROPRIATE FOR THE PURPOSE OF COLLECTIVE BARGAINING
IN ACCORDANCE WITH SECTION
8-3.3-110; EXCEPT THAT A BARGAINING UNIT
DOES NOT INCLUDE
:
(a) A
CONFIDENTIAL EMPLOYEE;
(b) A
MANAGERIAL EMPLOYEE ;
(c) A
N EXECUTIVE EMPLOYEE; OR
(d) TEMPORARY, INTERMITTENT, OR SEASONAL EMPLOYEES WHO
WORK LESS THAN NINETY DAYS IN A THREE
-HUNDRED-SIXTY-FIVE-DAY
PERIOD
.
(2) "C
OLLECTIVE BARGAINING" OR "COLLECTIVELY BARGAIN" MEANS
THE PERFORMANCE OF THE MUTUAL OBLIGATION OF A COUNTY AND AN
EXCLUSIVE REPRESENTATIVE TO
:
PAGE 2-SENATE BILL 22-230 (a) MEET AT REASONABLE TIMES AND PLACES AND NEGOTIATE IN
GOOD FAITH WITH RESPECT TO WAGES
, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT
;
(b) R
ESOLVE QUESTIONS ARISING UNDER A COLLECTIVE BARGAINING
AGREEMENT THROUGH A NEGOTIATED GRIE VANCE PROCEDURE
CULMINATING IN FINAL AND BINDING ARBITRATION
; AND
(c) EXECUTE A WRITTEN CONTRACT INCORPORATING ANY
AGREEMENTS REACHED
.
(3) "C
OLLECTIVE BARGAINING AGREEMENT " MEANS AN AGREEMENT
NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND A COUNTY
,
INCLUDING AN AGREEMENT REACHED THROUGH AN IMPASSE RESOLUTION
PROCESS PURSUANT TO SECTION
8-3.3-114.
(4) "C
OMPENSATION" MEANS:
(a) B
ASE WAGE OR SALARY;
(b) A
NY FORM OF DIRECT MONETARY PAYMENTS ;
(c) H
EALTH, ACCIDENT, LIFE, AND DISABILITY INSURANCE;
(d) P
ENSION PROGRAMS;
(e) P
AID TIME OFF;
(f) U
NIFORM AND EQUIPMENT ALLOWANCES ; AND
(g) EXPENSE REIMBURSEMENT .
(5) "C
ONFIDENTIAL EMPLOYEE" MEANS A PERSON WHO IS:
(a) R
EQUIRED TO DEVELOP OR PRESENT MANAGEMENT POSITIONS
WITH RESPECT TO EMPLOYER
-EMPLOYEE RELATIONS OR WHOSE DUTIES
NORMALLY REQUIRE ACCESS TO CONFIDENTIAL INFORMATION THAT IS USED
TO CONTRIBUTE SIGNIFICANTLY TO THE DEVELOPMENT OF THE MANAGEMENT
POSITIONS
; OR
PAGE 3-SENATE BILL 22-230 (b) EMPLOYED AS AN ATTORNEY BY THE COUNTY AND WHOSE DUTIES
ARE TO PROVIDE DIRECT LEGAL COUNSEL REGARDING THE APPLICATION
,
INTERPRETATION, OR ENFORCEMENT OF THIS ARTICLE 3.3.
(6) (a) "C
OUNTY" MEANS A COUNTY IN THIS STATE.
(b) "C
OUNTY" DOES NOT INCLUDE:
(I) A
CITY AND COUNTY;
(II) A
COUNTY WITH A POPULATION OF LESS THAN SEVEN THOUSAND
FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF THE MOST
RECENT
UNITED STATES DECENNIAL CENSUS;
(III) T
HE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE
WHERE THE STATE OR POLITICAL SUBDIVISION OF THE STATE ACQUIRES OR
OPERATES A MASS TRANSPORTATION SYSTEM
, OR ANY CARRIER BY
RAILROAD
, EXPRESS COMPANY, OR SLEEPING CAR COMPANY SUBJECT TO THE
FEDERAL
"RAILWAY LABOR ACT", 45 U.S.C. SEC. 151 ET SEQ., AS AMENDED;
(IV) A
MUNICIPALITY;
(V) A
SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL AUTHORIZED
PURSUANT TO PART
1 OF ARTICLE 30.5 OF TITLE 22, OR AN INSTITUTE
CHARTER SCHOOL AUTHORIZED PURSUANT TO PART
5 OF ARTICLE 30.5 OF
TITLE
22;
(VI) A
NY DISTRICT, BUSINESS IMPROVEMENT DISTRICT , SPECIAL
DISTRICT CREATED PURSUANT TO TITLE
32, AUTHORITY, OR OTHER POLITICAL
SUBDIVISION OF THE STATE
; OR
(VII) A PUBLIC HOSPITAL ESTABLISHED BY A COUNTY PURSUANT TO
PART
3 OF ARTICLE 3 OF TITLE 25.
(7) "C
OUNTY EMPLOYEE" MEANS A PERSON EMPLOYED BY A COUNTY ,
INCLUDING A PERSON WHOSE EMPLOYMENT WITH THE COUNTY HAS CEASED
DUE TO AN UNFAIR LABOR PRACTICE OR A DISCHARGE
, IF SUCH DISCHARGE
IS SUBJECT TO APPEAL UNDER AN APPLICABLE APPEALS PROCESS
.
(8) "D
EADLY PHYSICAL FORCE" MEANS FORCE, THE INTENDED,
PAGE 4-SENATE BILL 22-230 NATURAL, AND PROBABLE CONSEQUENCE OF WHICH IS TO PRODUCE DEATH ,
AND WHICH DOES, IN FACT, PRODUCE DEATH.
(9) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
EMPLOYMENT
.
(10) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.
(11) "D
IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND
STATISTICS IN THE DEPARTMENT
.
(12) "E
MPLOYEE ORGANIZATION " MEANS A NONPROFIT
ORGANIZATION THAT ENGAGES WITH A COUNTY CONCERNING WAGES
,
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND THAT
REPRESENTS OR SEEKS TO REPRESENT COUNTY EMPLOYEES IN A BARGAINING
UNIT
.
(13) "E
XCLUSIVE REPRESENTATIVE " MEANS THE EMPLOYEE
ORGANIZATION CERTIFIED OR RECOGNIZED AS THE REPRESENTATIVE OF
EMPLOYEES IN A BARGAINING UNIT PURSUANT TO THE TERMS OF THIS
ARTICLE
3.3.
(14) "E
XECUTIVE EMPLOYEE" MEANS AN EMPLOYEE:
(a) W
HOSE PRIMARY DUTY IS MANAGEMENT OF THE ENTITY IN WHICH
THE EMPLOYEE IS EMPLOYED OR OF A CUSTOMARILY RECOGNIZED
DEPARTMENT OR SUBDIVISION OF THE ENTITY
;
(b) W
HO CUSTOMARILY AND REGULARLY DIRECTS THE WORK OF TWO
OR MORE OTHER EMPLOYEES
; AND
(c) WHO HAS THE AUTHORITY TO HIRE OR FIRE OTHER EMPLOYEES OR
WHOSE SUGGESTIONS AND RECOMMENDATIONS AS TO THE HIRING
, FIRING,
ADVANCEMENT, PROMOTION, OR ANY OTHER CHANGE OF STATUS OF OTHER
EMPLOYEES ARE GIVEN PARTICULAR WEIGHT
.
(15) "F
ACT FINDING" MEANS THE PROCESS WHEREBY THE ISSUES NOT
RESOLVED IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE
COUNTY AND THE EXCLUSIVE REPRESENTATIVE ARE PRESENTED TO A FACT
FINDER FOR RESOLUTION PURSUANT TO SECTION
8-3.3-114.
PAGE 5-SENATE BILL 22-230 (16) "FINAL OFFER" MEANS THE WRITTEN OFFER MADE :
(a) L
ATEST IN TIME BY AN EXCLUSIVE REPRESENTATIVE TO A COUNTY
OR BY A COUNTY TO AN EXCLUSIVE REPRESENTATIVE
; AND
(b) AT LEAST SEVEN CALENDAR DAYS BEFORE THE BEGINNING OF AN
IMPASSE RESOLUTION HEARING AS DESCRIBED IN SECTION
8-3.3-114.
(17) "I
NTEREST-BASED BARGAINING" MEANS A METHOD OF
COLLECTIVE BARGAINING THAT INVOLVES MUTUAL COLLABORATION
.
(18) "M
ANAGERIAL EMPLOYEE " MEANS ANY COUNTY EMPLOYEE
WHO HAS SIGNIFICANT RESPONSIBILITIES FOR FORMULATING COUNTY
POLICIES AND PROGRAMS OR ADMINISTERING AN AGENCY OR DEPARTMENT
OF AN AGENCY
.
(19) "N
EW EMPLOYEE ORIENTATION " MEANS THE ONBOARDING
PROCESS OF A NEWLY HIRED COUNTY EMPLOYEE
, WHETHER IN PERSON,
ONLINE, OR THROUGH OTHER MEANS OR MEDIUMS , IN WHICH COUNTY
EMPLOYEES ARE ADVISED OF THEIR EMPLOYMENT STATUS
, RIGHTS,
BENEFITS, DUTIES, AND RESPONSIBILITIES OR ANY OTHER
EMPLOYMENT
-RELATED MATTERS.
(20) "P
HYSICAL FORCE" MEANS THE APPLICATION OF PHYSICAL
TECHNIQUES OR TACTICS
, CHEMICAL AGENTS, OR WEAPONS TO ANOTHER
PERSON
.
(21) "S
ERIOUS BODILY INJURY" MEANS BODILY INJURY THAT, EITHER
AT THE TIME OF THE ACTUAL INJURY OR AT A LATER TIME
, INVOLVES:
(a) A
SUBSTANTIAL RISK OF:
(I) D
EATH;
(II) S
ERIOUS PERMANENT DISFIGUREMENT ; OR
(III) PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY
PART OR ORGAN OF THE BODY
; OR
(b) A BREAK, FRACTURE, OR BURN OF THE SECOND OR THIRD DEGREE.
PAGE 6-SENATE BILL 22-230 (22) "SHOWING OF INTEREST" MEANS WRITTEN OR ELECTRONIC
DOCUMENTATION THAT PROVIDES EVIDENCE OF COUNTY EMPLOYEE
MEMBERSHIP OR SUPPORT FOR AN EMPLOYEE ORGANIZATION FOR PURPOSES
OF EXCLUSIVE REPRESENTATION
. "SHOWING OF INTEREST" INCLUDES ANY
ELECTRONIC SIGNATURE ACCEPTABLE UNDER THE
"UNIFORM ELECTRONIC
TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.
(23) "T
ERMS AND CONDITIONS OF EMPLOYMENT " MEANS MATTERS
AFFECTING THE EMPLOYMENT AND WORKING CONDITIONS OF COUNTY
EMPLOYEES
, INCLUDING HOURS AND PLACE OF WORK .
8-3.3-103. County employees - rights - obligations. (1) C
OUNTY
EMPLOYEES HAVE THE RIGHT TO
:
(a) S
ELF-ORGANIZE;
(b) F
ORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION ;
(c) E
NGAGE IN THE COLLECTIVE BARGAINING PROCESS AND THE
FORMATION OF A COLLECTIVE BARGAINING AGREEMENT THROUGH
REPRESENTATIVES OF THEIR OWN CHOOSING
;
(d) E
NGAGE IN OTHER CONCERTED ACTIVITIES FOR THE PURPOSE OF
COLLECTIVE BARGAINING OR OTHER MUTUAL AID OR PROTECTION
; AND
(e) REFRAIN FROM ANY OR ALL CONCERTED ACTIVITIES WITHOUT
INTERFERENCE
, CONSTRAINT, OR COERCION BY A COUNTY OR AN EMPLOYEE
ORGANIZATION
.
(2) C
OUNTY EMPLOYEES HAVE THE RIGHT TO COMMUNICATE WITH
ONE ANOTHER AND WITH EMPLOYEE ORGANIZATION REPRESENTATIVES
CONCERNING ORGANIZATION
, REPRESENTATION, WORKPLACE ISSUES ,
COLLECTIVE BARGAINING , AND THE BUSINESS AND PROGRAMS OF AN
EMPLOYEE ORGANIZATION AT COUNTY EMPLOYEE WORK SITES AND BY
MEANS OF E
-MAIL SYSTEMS, TEXT MESSAGES, OR OTHER ELECTRONIC
COMMUNICATIONS
; TELEPHONE; PAPER DOCUMENTS; AND OTHER MEANS OF
COMMUNICATION SUBJECT TO REASONABLE RESTRICTIONS
. UPON
CERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE
, THE RESTRICTIONS MUST
BE DETERMINED THROUGH COLLECTIVE BARGAINING
.
PAGE 7-SENATE BILL 22-230 (3) COUNTY EMPLOYEES HAVE THE RIGHT TO HAVE THEIR EXCLUSIVE
REPRESENTATIVE BE PRESENT AT
:
(a) A
NY FORMAL DISCUSSION BETWEEN ONE OR MORE
REPRESENTATIVES OF THE COUNTY AND ONE OR MORE COUNTY EMPLOYEES
IN THE BARGAINING UNIT OR THEIR REPRESENTATIVES CONCERNING A
GRIEVANCE
, A PERSONNEL POLICY OR PRACTICE, OR ANY OTHER GENERAL
CONDITION OF EMPLOYMENT
; OR
(b) ANY EXAMINATION OF A COUNTY EMPLOYEE IN THE BARGAINING
UNIT BY A REPRESENTATIVE OF THE COUNTY IN CONNECTION WITH AN
INVESTIGATION IF
:
(I) T
HE COUNTY EMPLOYEE REASONABLY BELIEVES THAT THE
EXAMINATION MAY RESULT IN DISCIPLINARY ACTION AGAINST THE COUNTY
EMPLOYEE
; AND
(II) THE COUNTY EMPLOYEE REQUESTS REPRESENTATION .
(4) T
HE DISCUSSIONS DESCRIBED IN SUBSECTION (3)(a) OF THIS
SECTION DO NOT INCLUDE INFORMAL DISCUSSIONS OR ORDINARY COACHING
CONVERSATIONS BETWEEN COUNTY EMPLOYEES AND THEIR MANAGERS OR
SUPERVISORS
.
(5) A
COUNTY SHALL ANNUALLY INFORM ITS COUNTY EMPLOYEES IN
A BARGAINING UNIT WHO ARE REPRESENTED BY AN EXCLUSIVE
REPRESENTATIVE OF THEIR RIGHTS UNDER SUBSECTION
(3)(b) OF THIS
SECTION
.
(6) C
OUNTY EMPLOYEES HAVE THE RIGHT TO FULLY PARTICIPATE IN
THE POLITICAL PROCESS
. COUNTY EMPLOYEES , DURING NONWORKING
HOURS
, MAY SPEAK WITH MEMBERS OF THE PUBLIC AND THE COUNTY ON ANY
MATTER OF PUBLIC CONCERN
, INCLUDING THE TERMS AND CONDITIONS OF
THEIR EMPLOYMENT
, AND MAY ENGAGE IN OTHER POLITICAL ACTIVITIES IN
THE SAME MANNER AS OTHER RESIDENTS OF
COLORADO, WITHOUT
DISCRIMINATION
, INTIMIDATION, OR RETALIATION.
8-3.3-104. Exclusive representatives - rights. (1) A
COUNTY
SHALL GIVE THE EXCLUSIVE REPRESENTATIVE REASONABLE ACCESS TO
COUNTY EMPLOYEES AT WORK
, THROUGH ELECTRONIC COMMUNICATION
PAGE 8-SENATE BILL 22-230 AND OTHER MEANS. REASONABLE ACCESS MUST BE DETERMINED THROUGH
COLLECTIVE BARGAINING
.
(2) A
T THE END OF EACH CALENDAR QUARTER , A COUNTY SHALL
PROVIDE TO THE EXCLUSIVE REPRESENTATIVE THE FOLLOWING INFORMATION
FOR EACH COUNTY EMPLOYEE IN THE BARGAINING UNIT
:
(a) T
HE NAME, EMPLOYEE IDENTIFICATION NUMBER , DEPARTMENT,
JOB CLASSIFICATION, JOB TITLE, WORK TELEPHONE NUMBER , WORK E-MAIL
ADDRESS
, WORK ADDRESS, WORK LOCATION, SALARY, AND DATE OF HIRE OF
EACH COUNTY EMPLOYEE AS CONTAINED IN THE COUNTY
'S RECORDS; AND
(b) THE HOME ADDRESS , HOME AND PERSONAL CELLULAR
TELEPHONE NUMBERS
, AND PERSONAL E-MAIL ADDRESS OF EACH COUNTY
EMPLOYEE
, UNLESS DIRECTED BY THE COUNTY EMPLOYEE NOT TO PROVIDE
SOME OR ALL OF THE INFORMATION
.
(3) (a) (I) W
ITHIN THIRTY DAYS AFTER A COUNTY EMPLOYEE IS
HIRED
, THE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE WITH
AN OPPORTUNITY TO MEET WITH THAT COUNTY EMPLOYEE DURING WORK
TIME AS DETERMINED PURSUANT TO SUBSECTION
(3)(a)(III) OF THIS SECTION.
(II) T
HE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE
NOTICE AT LEAST TEN DAYS IN ADVANCE OF A NEW EMPLOYEE ORIENTATION
;
EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED WHEN THERE IS AN
URGENT NEED
, CRITICAL TO THE COUNTY'S OPERATIONS, THAT WAS NOT
REASONABLY FORESEEABLE
.
(III) T
HE COUNTY AND THE EXCLUSIVE REPRESENTATIVE SHALL
DETERMINE THE STRUCTURE
, TIME, AND MANNER OF THE EMPLOYEE
ORGANIZATION
'S ACCESS TO COUNTY EMPLOYEES THROUGH COLLECTIVE
BARGAINING
. THE COLLECTIVE BARGAINING AGREEMENT MUST PROVIDE THE
EXCLUSIVE REPRESENTATIVE ACCESS TO THE COUNTY
'S EMPLOYEE
ORIENTATION AND ORIENTATION MATERIALS AND INFORMATION
.
(b) T
HE COUNTY SHALL PAY ITS COUNTY EMPLOYEES FOR THE TIME
EMPLOYEES MEET WITH THE EXCLUSIVE REPRESENTATIVE PURS UANT TO THIS
SUBSECTION
(3). THE COUNTY SHALL PAY EACH COUNTY EMPLOYEE THE
SAME RATE OF PAY THAT THE EMPLOYEE IS PAID DURING NORMAL WORK
HOURS
.
PAGE 9-SENATE BILL 22-230 (4) THE COUNTY SHALL MAKE PAYROLL DEDUCTIONS FOR
MEMBERSHIP DUES AND OTHER PAYMENTS THAT COUNTY EMPLOYEES
VOLUNTARILY AUTHORIZE TO BE MADE TO THE EXCLUSIVE REPRESENTATIVE
AND RELATED ENTITIES
. THE EXCLUSIVE REPRESENTATIVE AND RELATED
ENTITIES SHALL BE THE ONLY ORGANIZATIONS FOR WHICH THE COUNTY
SHALL MAKE PAYROLL DEDUCTIONS FROM COUNTY EMPLOYEES WHO ARE IN
A BARGAINING UNIT REPRESENTED BY THE EXCLUSIVE REPRESENTATIVE
.
(5) (a) T
HE COUNTY SHALL HONOR THE TERMS OF COUNTY
EMPLOYEES
' AUTHORIZATIONS FOR PAYROLL DEDUCTIONS MADE IN ANY
FORM THAT SATISFIES THE REQUIREMENTS OF THE
"UNIFORM ELECTRONIC
TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24, INCLUDING WITHOUT
LIMITATION ELECTRONIC AUTHORIZATIONS
, INCLUDING VOICE
AUTHORIZATIONS
, THAT MEET THE REQUIREMENTS OF AN ELECTRONIC
SIGNATURE AS DEFINED IN SECTION
24-71.3-102 (8).
(b) A
T THE ELECTION OF THE EXCLUSIVE REPRESENTATIVE , A
COUNTY EMPLOYEE
'S REQUEST TO CANCEL OR CHANGE AUTHORIZATIONS FOR
PAYROLL DEDUCTIONS MUST BE DIRECTED TO THE EXCLUSIVE
REPRESENTATIVE RATHER THAN TO THE C OUNTY
. IN SUCH CASE, THE
EXCLUSIVE REPRESENTATIVE IS RESPONSIBLE FOR PROCESSING THE REQUEST
IN ACCORDANCE WITH THE TERMS OF THE AUTHORIZATION
. AN
AUTHORIZATION FOR A PAYROLL DEDUCTION MAY NOT BE IRREVOCABLE FOR
A PERIOD OF MORE THAN ONE YEAR
.
(c) A
N EXCLUSIVE REPRESENTATIVE THAT CERTIFIES THAT IT HAS
AND WILL MAINTAIN INDIVIDUAL C OUNTY EMPLOYEE AUTHORIZATIONS IS
NOT REQUIRED TO PROVIDE A COPY OF AN INDIVIDUAL AUTHORIZATION TO
THE COUNTY UNLESS A DISPUTE ARISES ABOUT THE EXISTENCE OR TERMS OF
THAT AUTHORIZATION
. THE EXCLUSIVE REPRESENTATIVE SHALL INDEMNIFY
THE COUNTY FOR ANY CLAIMS MADE BY THE COUNTY EMPLOYEE FOR
DEDUCTIONS MADE IN RELIANCE ON INFORMATION MAINTAINED BY THE
EXCLUSIVE REPRESENTATIVE
.
8-3.3-105. Counties - rights. (1) U
NLESS OTHERWISE AGREED TO
BY A COUNTY IN A COLLECTIVE BARGAINING AGREEMENT
, THIS ARTICLE 3.3
DOES NOT IMPAIR THE RIGHT AND RESPONSIBILITY OF EACH COUNTY TO :
(a) D
ETERMINE AND CARRY OUT ANY MISSION , INITIATIVE, TASK
FORCE
, AGENDA, POLICY, OR PROGRAM OF ANY DEPARTMENT , DIVISION,
PAGE 10-SENATE BILL 22-230 OFFICE, OR OTHER SUBDIVISION OF THE COUNTY;
(b) E
STABLISH AND OVERSEE A BUDGET , FINANCES, AND
ACCOUNTING
;
(c) D
ETERMINE THE UTILIZATION OF TECHNOLOGY ;
(d) N
EGOTIATE, PROCURE, AND ADMINISTER CONTRACTS THAT THE
COUNTY HAS LAWFUL AUTHORITY TO ENTER
;
(e) M
AKE, AMEND, ENFORCE, OR REVOKE REASONABLE PERSONAL
CONDUCT RULES SUBJECT TO ITS OBLIGATION TO COLLECTIVELY BARGAIN
WITH AN EXCLUSIVE REPRESENTATIVE
; OR
(f) TAKE ACTIONS AS MAY BE NECESSARY TO CARRY OUT ANY
GOVERNMENT FUNCTION DURING AN EMERGENCY DECLARED BY A
COMPETENT AUTHORITY
.
(2) N
OTHING IN THIS ARTICLE 3.3 OR IN A COLLECTIVE BARGAINING
AGREEMENT MAY RESTRICT
, DUPLICATE, OR USURP ANY RESPONSIBILITY OR
AUTHORITY GRANTED TO THE COUNTY COMMISSIONERS OF ANY COUNTY BY
THE STATE CONSTITUTION
, A HOME RULE COUNTY CHARTER , OR ANY OTHER
STATE LAW
.
(3) N
OTHING IN THIS ARTICLE 3.3 PREVENTS A COUNTY FROM
CONVENING OR ENGAGING IN DISCUSSIONS WITH ANY COUNTY EMPLOYEE OR
GROUP OF COUNTY EMPLOYEES TO ACCOMPLISH THE RIGHTS AND
RESPONSIBILITIES DESCRIBED IN SUBSECTION
(1) OF THIS SECTION.
8-3.3-106. Director powers and duties - administration - rules -
enforcement - hearing officers. (1) T
HE DIRECTOR SHALL ENFORCE ,
INTERPRET, APPLY, AND ADMINISTER THE PROVISIONS OF THIS ARTICLE 3.3
THROUGH RULE-MAKING, HEARINGS, AND APPEALS, INCLUDING THE
ESTABLISHMENT OF PROCEDURES FOR
:
(a) D
ESIGNATING APPROPRIATE BARGAINING UNITS UNDER SECTION
8-3.3-110;
(b) S
ELECTING, CERTIFYING, AND DECERTIFYING EXCLUSIVE
REPRESENTATIVES AS PROVIDED IN THIS ARTICLE
3.3; AND
PAGE 11-SENATE BILL 22-230 (c) FILING, HEARING, AND DETERMINING COMPLAINTS OF UNFAIR
LABOR PRACTICES PURSUANT TO SECTION
8-3.3-115.
(2) F
OR THE PURPOSES OF ADJUDICATING DISPUTES AND ENFORCING
THE PROVISIONS OF THIS ARTICLE
3.3 AND RULES ADOPTED PURSUANT TO
THIS ARTICLE
3.3, THE DIRECTOR MAY CONDUCT HEARINGS AND ADMINISTER
OATHS
, EXAMINE WITNESSES AND DOCUMENTS , TAKE TESTIMONY AND
RECEIVE EVIDENCE
, AND ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF
WITNESSES AND THE PRODUCTION OF RECORDS
.
(3) (a) T
HE DIRECTOR MAY DELEGATE THE POWERS SPECIFIED IN
SUBSECTION
(2) OF THIS SECTION TO HEARING OFFICERS. A HEARING OFFICER
SHALL MAKE A DECISION ON EACH RELEVANT ISSUE RAISED
, INCLUDING
FINDINGS OF FACT
, CONCLUSIONS OF LAW, AND AN ORDER.
(b) T
HE DECISION AND ORDER OF A HEARING OFFICER CONSTITUTES
A FINAL AGENCY ACTION PURSUANT TO SECTION
24-4-106. THE DIRECTOR
SHALL PROMPTLY PROVIDE ALL PARTIES WITH A COPY OF THE HEARING
OFFICER
'S DECISION BY UNITED STATES MAIL OR BY ELECTRONIC MAIL . A
PARTY MAY SEEK JUDICIAL REVIEW OF THE DECISION PURSUANT TO SECTION
24-4-106.
(4) T
HE DIRECTOR AND A HEARING OFFICER HAVE THE POWER TO
ENFORCE PROVISIONS OF THIS ARTICLE
3.3 THROUGH THE IMPOSITION OF:
(a) A
PPROPRIATE ADMINISTRATIVE REMEDIES ;
(b) A
CTUAL DAMAGES RELATED TO EMPLOYEE ORGANIZATION DUES ;
(c) B
ACK PAY, INCLUDING BENEFITS;
(d) R
EINSTATEMENT OF THE COUNTY EMPLOYEE WITH THE SAME
SENIORITY STATUS THAT THE EMPLOYEE WOULD HAVE HAD BUT FOR THE
VIOLATION
;
(e) O
THER REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A COUNTY
EMPLOYEE OR GROUP OF COUNTY EMPLOYEES FROM UNLAWFUL C ONDUCT BY
A COUNTY
; AND
(f) DECLARATORY OR INJUNCTIVE RELIEF OR PROVISIONAL REMEDIES ,
PAGE 12-SENATE BILL 22-230 INCLUDING TEMPORARY RESTRAINING ORDERS OR PRELIMINARY
INJUNCTIONS
.
(5) T
HE DIRECTOR SHALL MAINTAIN ON THE DIVISION 'S WEBSITE:
(a) C
URRENT VERSIONS OF THIS ARTICLE 3.3 AND THE RULES
ADOPTED PURSUANT TO THIS ARTICLE
3.3;
(b) A
LL HEARING OFFICER DECISIONS AND ORDERS ;
(c) A
LL FINAL JUDGMENTS AND WRITTEN DECISIONS OF FACT FINDERS
PURSUANT TO SECTION
8-3.3-114; AND
(d) ALL ADMINISTRATIVE DETERMINATIONS OF CERTIFICATION AND
DECERTIFICATION OF EXCLUSIVE REPRESENTATIVES
.
(6) T
HE DIRECTOR MAY ADOPT RULES AS NECESSARY TO IMPLEMENT
AND ADMINISTER THIS ARTICLE
3.3, INCLUDING RULES:
(a) T
O ESTABLISH PROCEDURES AS SPECIFIED IN SUBSECTION (1) OF
THIS SECTION
;
(b) G
OVERNING HEARINGS CONDUCTED PURSUANT TO THIS ARTICLE
3.3;
(c) R
EGARDING OBJECTIONS TO THE CONDUCT OF AN ELECTION
PURSUANT TO SECTION
8-3.3-109; AND
(d) REGARDING FACT FINDING PURSUANT TO SECTION 8-3.3-114.
(7) T
HE DIVISION SHALL PARTNER WITH THE FEDERAL MEDIATION
AND CONCILIATION SERVICE TO OFFER TRAINING IN INTEREST
-BASED
BARGAINING UPON THE MUTUAL REQUEST OF AN EMPLOYEE ORGANIZATION
AND A COUNTY
.
8-3.3-107. Judicial enforcement. T
HE DIRECTOR OR ANY PARTY OF
INTEREST MAY REQUEST THE APPROPRIATE DISTRICT COURT TO ENFORCE
ORDERS ISSUED PURSUANT TO THIS ARTICLE
3.3, INCLUDING THOSE FOR
APPROPRIATE TEMPORARY RELIEF AND RESTRAINING ORDERS
. THE COURT
SHALL CONSIDER THE REQUEST FOR ENFORCEMENT BASED ON THE RECORD
PAGE 13-SENATE BILL 22-230 MADE BEFORE THE DIRECTOR OR HEARING OFFICER . THE COURT SHALL
UPHOLD THE ACTION OF THE DIRECTOR OR HEARING OFFICER AND TAKE
APPROPRIATE ACTION TO ENFORCE THE ACTION
, UNLESS THE COURT
CONCLUDES THAT THE ORDER IS UNLAWFUL PURSUANT TO SECTION
24-4-106
(7)(b).
8-3.3-108. Certification of the employee organization as the
exclusive representative - rules. (1) (a) O
N AND AFTER JULY 1, 2023, THE
DIRECTOR SHALL CERTIFY AND A COUNTY SHALL RECOGNIZE AN EMPLOYEE
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT
UPON A SECRET BALLOT ELECTION IN WHICH THE EMPLOYEE ORGANIZATION
RECEIVES MORE THAN FIFTY PERCENT OF THE VALID BALLOTS CAST
. AN
ELECTION SHALL TAKE PLACE WHEN
, IN ACCORDANCE WITH RULES
PROMULGATED BY THE DIRECTOR
, A PETITION IS FILED BY AN EMPLOYEE
ORGANIZATION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY
PERCENT OF THE COUNTY EMPLOYEES IN A BARGAINING UNIT
.
(b) T
HE SUFFICIENCY OF THE SHOWING OF INTEREST IN A
REPRESENTATION ELECTION FOR EXCLUSIVE REPRESENTATION IS AN
ADMINISTRATIVE DETERMINATION MADE BY THE DIRECTOR OR THE
DIRECTOR
'S DESIGNEE AND IS NOT SUBJECT TO CHALLENGE BY ANY PERSON .
T
HE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF ANY COUNTY
EMPLOYEE WHO HAS PARTICIPATED IN THE SHOWING OF INTEREST TO ANY
PERSON
.
(2) (a) T
HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF
, ON OR BEFORE JANUARY
1, 2022, A COUNTY RECOGNIZED THE EMPLOYEE ORGANIZATION AS THE
EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT
. THE EMPLOYEE
ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR
THE BARGAINING UNIT UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION IS
DECERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH
THIS ARTICLE
3.3.
(b) T
HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF A COUNTY
, AFTER
JANUARY 1, 2022, AND BEFORE JULY 1, 2023, RECOGNIZED THE EMPLOYEE
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE AND THE RECOGNITION
WAS BASED ON A DEMONSTRATION OF MAJORITY SUPPORT BY THE EMPLOYEE
ORGANIZATION OR THE EMPLOYEE ORGANIZATION WAS SELECTED IN A
PAGE 14-SENATE BILL 22-230 SECRET BALLOT ELECTION BY A MAJORITY OF BARGAINING UNIT COUNTY
EMPLOYEES VOTING IN THE ELECTION
. THE EMPLOYEE ORGANIZATION MUST
BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF THE BARGAINING UNIT
UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION IS DECERTIFIED AS THE
EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH THIS ARTICLE
3.3.
(c) N
O COUNTY EMPLOYEE POSITIONS IN A DEEMED CERTIFIED
BARGAINING UNIT MAY BE EXCLUDED FROM THE BARGAINING UNIT
, EXCEPT
BY AGREEMENT OF THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY
.
8-3.3-109. Process for employee organization certification -
intervening employee organizations - secret ballot elections - rules.
(1) U
PON THE FILING OF A PETITION BY AN EMPLOYEE ORGANIZATION
SEEKING EXCLUSIVE RECOGNITION
, THE DIRECTOR SHALL REQUIRE THE
COUNTY TO DISTRIBUTE NOTICE TO ALL COUNTY EMPLOYEES IN THE
APPLICABLE BARGAINING UNIT THAT MUST IDENTIFY THE PETITIONER
, THE
BARGAINING UNIT SOUGHT BY THE PETITIONER
, THE ELECTION PROCESS, AND
AN ADVISEMENT OF COUNTY EMPLOYEE RIGHTS UNDER SECTION
8-3.3-103
(1),
(2), AND (3).
(2) W
ITHIN TEN DAYS AFTER THE DATE THE NOTICE REQUIRED IN
SUBSECTION
(1) OF THIS SECTION IS FIRST DISTRIBUTED, OTHER EMPLOYEE
ORGANIZATIONS MAY SEEK TO INTERVENE IN THE CERTIFICATION PROCESS
.
A
N INTERVENER ORGANIZATION SHALL FILE A PETITION WITH THE DIRECTOR
CONTAINING THE SIGNATURES OF NOT LESS THAN THIRTY PERCENT OF THE
COUNTY EMPLOYEES IN THE BARGAINING UNIT CLAIMED TO BE APPROPRIATE
BY THE INTERVENER
.
(3) I
F THERE IS A DISPUTE REGARDING THE POSITIONS TO BE
INCLUDED IN THE APPROPRIATE BARGAINING UNIT
, THE DIRECTOR SHALL
PROMPTLY ORDER A HEARING CONDUCTED IN ACCORDANCE WITH THE RULES
ADOPTED PURSUANT TO THIS ARTICLE
3.3. UPON DETERMINATION OF THE
COMPOSITION OF THE APPROPRIATE BARGAINING UNIT
, WHETHER BY
CONSENT OF THE PARTIES OR UPON A DECISION BY THE DIRECTOR OR THE
DIRECTOR
'S DESIGNEE, THE DIRECTOR SHALL DETERMINE THE SUFFICIENCY
OF THE SHOWING OF INTEREST OF EACH PETITIONER
. IF A PETITIONER LACKS
A SUFFICIENT SHOWING OF INTEREST
, THE DIRECTOR SHALL PROVIDE THAT
PETITIONER WITH A TEN
-DAY OPPORTUNITY TO DEMONSTRATE A SUFFICIENT
SHOWING OF INTEREST IN THE BARGAINING UNIT THAT WAS DEEMED
APPROPRIATE
.
PAGE 15-SENATE BILL 22-230 (4) WITHIN TEN DAYS AFTER THE DIRECTOR'S DETERMINATION THAT
A SUFFICIENT SHOWING OF INTEREST HAS BEEN PROVIDED PURSUANT TO
SUBSECTION
(3) OF THIS SECTION, THE DIRECTOR SHALL:
(a) O
RDER THE COUNTY TO PROVIDE TO THE PETITIONING EMPLOYEE
ORGANIZATION OR ORGANIZATIONS THE NAMES
, JOB TITLES, WORK
LOCATIONS
, HOME ADDRESSES, PERSONAL E-MAIL ADDRESSES, AND HOME OR
CELLULAR TELEPHONE NUMBERS OF ANY COUNTY EMPLOYEE IN THE
APPROPRIATE BARGAINING UNIT UNLESS DIRECTED BY THE COUNTY
EMPLOYEE NOT TO PROVIDE SOME OR ALL OF THE INFORMATION
;
(b) E
STABLISH BY CONSENT OR ORDER THE PROCEDURES FOR A
SECRET BALLOT ELECTION
; AND
(c) ORDER THE COUNTY TO DISTRIBUTE A NOTICE PREPARED BY THE
DIRECTOR THAT DESCRIBES THE PROCEDURES OF THE SECRET BALLOT
ELECTION TO ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING
UNIT
.
(5) T
HE BALLOT FOR THE SECRET BALLOT ELECTION MUST CONTAIN :
(a) T
HE NAME OF ANY EMPLOYEE ORGANIZATION SUBMITTING A
PETITION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY
PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING
UNIT
; AND
(b) A CHOICE OF "NO REPRESENTATION" FOR COUNTY EMPLOYEES TO
INDICATE THEY DO NOT DESIRE TO BE REPRESENTED BY AN EMPLOYEE
ORGANIZATION
.
(6) (a) I
F AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF
BALLOTS CAST IN A SECRET BALLOT ELECTION
, THE DIRECTOR SHALL
CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE
OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT SUBJECT
TO ANY VALID OBJECTIONS TO THE C ONDUCT OF THE ELECTION FILED IN
ACCORDANCE WITH THIS ARTICLE
3.3 AND THE RULES OF THE DIRECTOR.
(b) W
ITHIN TWENTY-EIGHT DAYS AFTER A SECRET BALLOT ELECTION
IN WHICH NO EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF THE
BALLOTS CAST
, THE DIRECTOR SHALL CONDUCT A R UNOFF ELECTION
PAGE 16-SENATE BILL 22-230 BETWEEN THE TWO EMPLOYEE ORGANIZATIONS RECEIVING THE LARGEST
NUMBER OF BALLOTS CAST
. THE DIRECTOR SHALL CERTIFY THE RESULTS OF
THE ELECTION
, AND, IF AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY
OF THE BALLOTS CAST
, THE DIRECTOR SHALL CERTIFY THE EMPLOYEE
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF ALL COUNTY
EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT
, SUBJECT TO ANY VALID
OBJECTIONS TO THE CONDUCT OF THE ELECTION FILED IN ACCOR DANCE WITH
THIS ARTICLE
3.3 AND THE RULES OF THE DIRECTOR.
(7) W
ITHIN SEVEN DAYS AFTER CERTIFICATION OF THE RESULTS OF
A SECRET BALLOT ELECTION
, ANY PARTY MAY FILE OBJECTIONS TO THE
CONDUCT OF THE ELECTION OR TO CONDUCT AFFECTING THE RESULTS OF THE
ELECTION IN ACCORDANCE WITH RULES PROMULGATED BY THE DIRECTOR
.
T
HE OBJECTIONS MUST CONTAIN A SHORT STATEMENT OF THE REASONS FOR
THE OBJECTIONS AND BE ACCOMPANIED BY A WRITTEN OFFER OF PROOF
IDENTIFYING EACH WITNESS THE PARTY WOULD CALL TO TESTIFY
CONCERNING THE ISSUE AND A SUMMARY OF THE WITNESS
'S TESTIMONY.
U
PON A SHOWING OF GOOD CAUSE , THE DIRECTOR MAY EXTEND THE TIME
FOR FILING THE OFFER OF PROOF
. THE PARTY FILING THE OBJECTIONS SHALL
SERVE A COPY OF THE OBJECTIONS
, BUT NOT THE WRITTEN OFFER OF PROOF,
ON EACH OF THE OTHER PARTIES TO THE CASE . IF THE DIRECTOR OR A
DESIGNATED HEARING OFFICER FINDS THAT MISCONDUCT AFFECTED THE
OUTCOME OF THE ELECTION
, THE DIRECTOR SHALL INVALIDATE THE
ELECTION AND ORDER A SUBSEQUENT ELECTION FOR THE COUNTY
EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT WITHIN TWENTY
-EIGHT
DAYS AFTER THE FINDING
.
8-3.3-110. Determination of appropriate bargaining unit.
(1) T
HE DIRECTOR SHALL , UPON RECEIPT OF A PETITION FOR A
REPRESENTATION ELECTION
, DESIGNATE THE APPROPRIATE BARGAINING
UNIT FOR COLLECTIVE BARGAINING IN ACCORDANCE WITH THIS SECTION
. THE
DESIGNATION MUST BE DETERMINED BY
:
(a) C
ONSENT OF THE PARTIES; OR
(b) IF THERE IS NOT AGREEMENT BETWEEN THE PARTIES , AN
ADMINISTRATIVE DETERMINATION OF THE DIRECTOR
.
(2) I
N DETERMINING THE APPROPRIATENESS OF A BARGAINING UNIT ,
THE DIRECTOR SHALL CONSIDER:
PAGE 17-SENATE BILL 22-230 (a) THE DESIRES OF THE PUBLIC EMPLOYEES;
(b) T
HE SIMILARITY OF DUTIES, SKILLS, AND WORKING CONDITIONS
OF THE PUBLIC EMPLOYEES INVOLVED
;
(c) T
HE WAGES, HOURS, AND OTHER WORKING CONDITIONS OF THE
PUBLIC EMPLOYEES
;
(d) T
HE ADMINISTRATIVE STRUCTURE AND SIZE OF THE PUBLIC
EMPLOYER
;
(e) T
HE HISTORY OF COLLECTIVE BARGAINING WITH THAT PUBLIC
EMPLOYER
, IF ANY, AND WITH SIMILAR PUBLIC EMPLOYERS ; AND
(f) OTHER FACTORS THAT ARE NORMALLY OR TRADITIONALLY TAKEN
INTO CONSIDERATION IN DETERMINING THE APPROPRIATENESS OF
BARGAINING UNITS IN THE PUBLIC SECTOR
.
8-3.3-111. Decertification of exclusive representative - rules.
(1) A
COUNTY EMPLOYEE IN A BARGAINING UNIT OR AN EMPLOYEE
ORGANIZATION MAY INITIATE DECERTIFICATION OF THE EMPLOYEE
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE UPON SUBMISSION TO
THE DIRECTOR OF A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY
PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING
UNIT REQUEST DECERTIFICATION OF THE EXISTING EXCLUSIVE
REPRESENTATIVE OR A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY
PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT AUTHORIZE
AN EMPLOYEE ORGANIZATION OTHER THAN THE EXCLUSIVE REPRESENTATIVE
TO REPRESENT THEM FOR PURPOSES OF COLLECTIVE BARGAINING
.
D
ECERTIFICATION ELECTIONS MUST BE HELD IN A MANNER SIMILAR TO
CERTIFICATION ELECTIONS
, AS SPECIFIED IN RULES PROMULGATED BY THE
DIRECTOR
, SO LONG AS AN INCUMBENT EXCLUSIVE REPRESENTATIVE
EMPLOYEE ORGANIZATION IS NOT REQUIRED TO FILE A SHOWING OF INTEREST
TO BE PLACED ON THE BALLOT
.
(2) I
F THERE IS A COLLECTIVE BARGAINING AGREEMENT IN EFFECT ,
A PETITION FOR A DECERTIFICATION ELECTION MAY BE MADE TO THE
DIRECTOR NO EARLIER THAN NINETY DAYS AND NO LATER THAN SIXTY DAYS
PRIOR TO THE EXPIRATION OF THE COLLECTIVE BARGAINING AGREEMENT
;
EXCEPT THAT A REQUEST FOR AN ELECTION MAY BE FILED AT ANY TIME
PAGE 18-SENATE BILL 22-230 AFTER THE EXPIRATION OF THE THIRD YEAR OF A COLLECTIVE BARGAINING
AGREEMENT THAT HAS A TERM OF MORE THAN THREE YEARS
.
(3) I
F AN EXCLUSIVE REPRESENTATIVE HAS BEEN CERTIFIED BUT NO
COLLECTIVE BARGAINING AGREEMENT IS IN EFFECT
, THE DIRECTOR SHALL
NOT ACT ON A REQUEST FOR A DECERTIFICATION ELECTION EARLIER THAN
TWELVE MONTHS AFTER THE CERTIFICATION OF AN EMPLOYEE
ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE
.
8-3.3-112. Obligation to negotiate in good faith. (1) T
HE COUNTY
AND THE EXCLUSIVE REPRESENTATIVE OR ITS REPRESENTATIVE HAVE THE
AUTHORITY AND THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD
FAITH
. THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH DOES
NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL OR MAKE A
CONCESSION
.
(2) T
HE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH :
(a) R
EQUIRES A COUNTY, UPON REQUEST OF THE EXCLUSIVE
REPRESENTATIVE
, TO PROVIDE INFORMATION THAT MAY BE RELEVANT TO
THE TERMS AND CONDITIONS OF EMPLOYMENT OR THE INTERPRETATION OF
THE COLLECTIVE BARGAINING AGREEMENT
;
(b) I
NCLUDES A COUNTY 'S DUTY TO FURNISH DATA TO THE
EXCLUSIVE REPRESENTATIVE THAT
:
(I) I
S NORMALLY MAINTAINED BY THE COUNTY IN THE REGULAR
COURSE OF BUSINESS
; AND
(II) IS REASONABLY AVAILABLE AND NECESSARY FOR FULL AND
PROPER DISCUSSION
, UNDERSTANDING, AND NEGOTIATION OF SUBJECTS
WITHIN THE SCOPE OF COLLECTIVE BARGAINING OR SUBJECT TO A GRIEVANCE
UNDER A COLLECTIVE BARGAINING AGREEMENT
; AND
(c) DOES NOT INCLUDE AN OBLIGATION TO FURNISH INFORMATION
THAT CONSTITUTES GUIDANCE
, ADVICE, COUNSEL, OR TRAINING PROVIDED
FOR MANAGERIAL EMPLOYEES OR EXECUTIVE EMPLOYEES RELATING TO
COLLECTIVE BARGAINING
.
(3) C
OLLECTIVE BARGAINING BETWEEN A SINGLE COUNTY AND AN
PAGE 19-SENATE BILL 22-230 EMPLOYEE ORGANIZATION SERVING AS THE EXCLUSIVE REPRESENTATIVE OF
MORE THAN ONE BARGAINING UNIT OF COUNTY EMPLOYEES MUST BE
CONSOLIDATED UPON THE REQUEST OF THE COUNTY
.
(4) A
N EXCLUSIVE REPRESENTATIVE AND A COUNTY SHALL MAKE A
GOOD FAITH EFFORT TO COMPLETE NEGOTIATIONS SO THAT THE TERMS OF A
COLLECTIVE BARGAINING AGREEMENT MAY BE EFFECTIVELY CONSIDERED BY
THE BOARD OF COUNTY COMMISSIONERS DURING THE ADOPTION OF THE
COUNTY BUDGET
. THE BOARD OF COUNTY COMMISSIONERS IS NOT
OBLIGATED TO MAKE AN APPROPRIATION OF FUNDS NECESSARY TO FUND THE
TERMS OF A COLLECTIVE BARGAINING AGREEMENT REACHED AFTER
OCTOBER 15 OF THE YEAR PRIOR TO THE BUDGET YEAR IF THE EXCLUSIVE
REPRESENTATIVE HAS NOT BEEN CERTIFIED PRIOR TO
JUNE 1 OF THE
CURRENT YEAR UNLESS OTHERWISE AGREED UPON BY BOTH PARTIES
.
8-3.3-113. Collective bargaining agreement - arbitration. (1) A
N
AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND A
COUNTY
, WITH THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY
, CONSTITUTES THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE PARTIES
.
(2) A
COLLECTIVE BARGAINING AGREEMENT ENTERED INTO UNDER
THIS ARTICLE
3.3 MUST BE FOR A TERM OF AT LEAST TWELVE MONTHS AND
NOT MORE THAN SIXTY MONTHS
. A COLLECTIVE BARGAINING AGREEMENT
REMAINS IN EFFECT UNTIL REPLACED BY A SUBSEQUENT COLLECTIVE
BARGAINING AGREEMENT
.
(3) I
F THERE IS AN EXISTING LAW, POLICY, ORDINANCE, OR CHARTER
PROVISION THAT APPLIES TO A COUNT Y THAT PROVIDES PROCEDURES FOR
THE APPEAL OF COUNTY EMPLOYEE DISCIPLINE
, INCLUDING TERMINATIONS,
A COUNTY EMPLOYEE MAY ELECT TO APPEAL A DISCIPLINARY ACTION EITHER
UNDER THE APPLICABLE APPEALS PROCEDURE ESTABLISHED BY THAT LAW
,
POLICY, ORDINANCE, OR CHARTER PROVISION OR UNDER A GRIEVANCE
PROCEDURE ESTABLISHED IN A COLLECTIVE BARGAINING AGREEMENT
APPLICABLE TO THE COUNTY
, BUT NOT BOTH. A COUNTY EMPLOYEE 'S
ELECTION OF A REMEDY IS IRREVOCABLE AND IS MADE AT THE TIME THE
COUNTY EMPLOYEE TIMELY FILES A WRITTEN DISCIPLINARY APPEAL UNDER
THE NEGOTIATED GRIEVANCE PROCEDURE OR THE PROCEDURE ESTABLISHED
BY LAW
, POLICY, ORDINANCE, OR CHARTER PROVISION, WHICHEVER OCCURS
FIRST
.
PAGE 20-SENATE BILL 22-230 (4) (a) A COLLECTIVE BARGAINING AGREEMENT SHALL PROVIDE FOR
A GRIEVANCE PROCEDURE CULMINATING IN FINAL AND BINDING
ARBITRATION
, SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH THIS
ARTICLE
3.3, TO RESOLVE DISPUTES OVER THE INTERPRETATION ,
APPLICATION, AND ENFORCEMENT OF ANY PROVISION OF THE COLLECTIVE
BARGAINING AGREEMENT
.
(b) A
N EXCLUSIVE REPRESENTATIVE OR THE COUNTY MAY SEEK
JUDICIAL REVIEW OR CONFIRMATION OF AN ARBITRATOR
'S DECISION AS THE
FINAL STEP IN A COLLECTIVE BARGAINING AGREEMENT GRIEVANCE
PROCEDURE IN A COURT OF COMPETENT JURISDICTION
. THE DECISION OF AN
ARBITRATOR MUST BE ENFORCED
, AND THE PARTIES SHALL COMPLY WITH
THE DECISION AND AWARD
, UNLESS A COURT CONCLUDES THAT :
(I) T
HE DECISION AND AWARD WAS PROCURED BY CORRUPTION ,
FRAUD, OR OTHER UNDUE MEANS;
(II) T
HE ARBITRATOR EXCEEDED THE ARBITRATOR 'S AUTHORITY;
(III) T
HE ARBITRATOR'S DECISION AND AWARD VIOLATED PUBLIC
POLICY
;
(IV) T
HE ARBITRATOR ENGAGED IN MANIFEST DISREGARD OF THE
LAW
; OR
(V) THE ARBITRATOR DENIED THE PARTIES A FUNDAMENTALLY FAIR
HEARING
.
(5) A
COLLECTIVE BARGAINING AGREEMENT SHALL NOT :
(a) D
ELAY THE PROMPT INTERVIEWING OF COUNTY EMPLOYEES
UNDER INVESTIGATION
; EXCEPT THAT A COUNTY EMPLOYEE MUST BE GIVEN
SUFFICIENT TIME TO HAVE THE COUNTY EMPLOYEE
'S EXCLUSIVE
REPRESENTATIVE PRESENT AT ANY EXAMINATION IN CONNECTION WITH AN
INVESTIGATION IN ACCORDANCE WITH SECTION
8-3.3-103 (3);
(b) P
ERMIT A COUNTY EMPLOYEE TO USE PAID TIME FOR ANY OR ALL
OF A SUSPENSION WHEN THE SUSPENSION WAS PROPERLY IMPOSED
, IN
ACCORDANCE WITH APPLICABLE STANDARDS OR PROCEDURES
, OR WHERE A
SUPERVISOR
, EMPLOYER, ADMINISTRATIVE LAW JUDGE, HEARING OFFICER,
PAGE 21-SENATE BILL 22-230 OR A COURT HAS FOUND A DEPRIVATION OF RIGHTS UNDER THE STATE OR
FEDERAL CONSTITUTION
;
(c) P
ERMIT THE EXPUNGEMENT OF DISCIPLINARY RECORDS FROM A
COUNTY EMPLOYEE
'S PERSONNEL FILE FOR SUBSTANTIATED INFRACTIONS OF
A COUNTY
'S POLICIES REGARDING:
(I) P
HYSICAL USE OF FORCE;
(II) D
EADLY PHYSICAL FORCE;
(III) A
CTIONS RESULTING IN DEATH OR SERIOUS BODILY INJURY; AND
(IV) ACTIONS RESULTING IN A DEPRIVATION OF RIGHTS UNDER THE
STATE OR FEDERAL CONSTITUTION
;
(d) I
MPOSE LIMITS ON THE PERIOD OF TIME DURING WHICH A COUNTY
EMPLOYEE MAY BE DISCIPLINED OR AN INVESTIGATION MAY OCCUR FOR
INCIDENTS INVOLVING PHYSICAL FORCE
, INCIDENTS OF DEADLY PHYSICAL
FORCE
, INCIDENTS THAT RESULTED IN DEATH OR SERIOUS BODILY INJURY , OR
INCIDENTS ALLEGING A DEPRIVATION OF AN INDIVIDUAL
'S RIGHTS UNDER THE
STATE OR FEDERAL CONSTITUTION
;
(e) P
LACE LIMITATIONS ON THE SUBSTANCE, METHOD FOR FILING, OR
SOURCE OF COMPLAINTS THAT MAY PROMPT AN INVESTIGATION INTO
EMPLOYEE MISCONDUCT
.
(6) A
COLLECTIVE BARGAINING AGREEMENT MUST BE CONSISTENT
WITH APPLICABLE STATE AND FEDERAL LAWS
, INCLUDING STATE AND
FEDERAL LAWS GOVERNING THE COUNTY OFFICIALS
' AND COUNTY
EMPLOYEES
' RETIREMENT PLAN OR THE COLORADO EMPLOYEE RETIREMENT
SYSTEM DESCRIBED IN ARTICLE
51 OF TITLE 24, WHICHEVER IS APPLICABLE.
I
F ANY CLAUSE IN A COLLECTIVE BARGAINING AGREEMENT IS DETERMINED
TO BE INVALID OR UNENFORCEABLE
, THE UNENFORCEABILITY OR INVALIDITY
OF SUCH CLAUSE DOES NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF
ANY OTHER CLAUSE OF THE COLLECTIVE BARGAINING AGREEMENT
.
(7) A
NY TERM OF A COLLECTIVE BARGAINING AGREEMENT
REQUIRING THE APPROPRIATION OF FUNDS MUST BE SUBMITTED TO THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AT THE MEETING
PAGE 22-SENATE BILL 22-230 FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE TO THE
COUNTY THAT THE BARGAINING UNIT HAS APPROVED THE AGREEMENT IN
ACCORDANCE WITH THE INTERNAL PROCEDURES OF THE EXCLUSIVE
REPRESENTATIVE
.
8-3.3-114. Impasse resolution - fact finding - rules. (1) I
F AN
IMPASSE ARISES ON ONE OR MORE ISSUES DURING THE NEGOTIATION OF A
COLLECTIVE BARGAINING AGREEMENT
, THE EXCLUSIVE REPRESENTATIVE
AND THE COUNTY SHALL ENGAGE IN THE DISPUTE RESOLUTION PROCESS
ESTABLISHED IN THIS SECTION OR AN ALTERNATIVE PROCEDURE
ESTABLISHED BY MUTUAL AGREEMENT
. THE DEADLINES IN THIS SECTION
MAY BE EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES
.
(2) (a) I
F THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY
CANNOT REACH AN AGREEMENT ON ONE OR MORE ISSUES SUBJECT TO
COLLECTIVE BARGAINING WITHIN NINETY CALENDAR DAYS AFTER
COMMENCING MEETINGS TO NEGOTIATE
, OR BY THE ONE HUNDRED
TWENTIETH DAY PRIOR TO THE EXPIRATION OF AN EXISTING COLLECTIVE
BARGAINING AGREEMENT
, WHICHEVER IS EARLIER, EITHER PARTY MAY
REQUEST THE ASSISTANCE OF A MEDIATOR
. IF MEDIATION IS REQUESTED BY
EITHER PARTY
, BARGAINING MUST CONTINUE WITH THE AID OF A MEDIATOR .
(b) I
F THE PARTIES CANNOT AGREE ON A MEDIATOR WITHIN SEVEN
CALENDAR DAYS AFTER THE REQUEST FOR MEDIATION
, THE PARTIES MUST
REQUEST MEDIATION ASSISTANCE FROM THE FEDERAL MEDIATION AND
CONCILIATION SERVICE
. THE PARTIES SHALL SHARE EQUALLY THE COST OF
MEDIATION SERVICES
, IF ANY.
(3) M
EDIATION MUST CONTINUE FOR SIXTY DAYS , UNTIL SIXTY DAYS
PRIOR TO THE EXPIRATION OF THE EXISTING COLLECTIVE BARGAINING
AGREEMENT
, OR UNTIL THE MEDIATOR DETERMINES THAT MEDIATION
SERVICES ARE NO LONGER NECESSARY OR EFFECTIVE
, WHICHEVER OCCURS
FIRST
. MEDIATION MAY CONTINUE THEREAFTER UPON MUTUAL AGREEMENT
OF THE PARTIES
.
(4) (a) I
F THE PARTIES REMAIN AT AN IMPASSE FOLLOWING
MEDIATION
, EITHER PARTY MAY REQUEST FACT FINDING IN ACCORDANCE
WITH RULES PROMULGATED BY THE DIRECTOR
.
(b) T
HE DIRECTOR SHALL MAINTAIN A ROSTER OF QUALIFIED FACT
PAGE 23-SENATE BILL 22-230 FINDERS, EACH OF WHOM MUST BE REGISTERED WITH THE FEDERAL
MEDIATION AND CONCILIATION SERVICE OR THE
AMERICAN ARBITRATION
ASSOCIATION, AND SHALL REQUIRE THE PARTIES TO SELECT A FACT FINDER
FROM THE DIRECTOR
'S ROSTER OR FROM A ROSTER OF LABOR ARBITRATORS
OBTAINED DIRECTLY FROM THE FEDERAL MEDIATION AND CONCILIATION
SERVICE OR THE
AMERICAN ARBITRATION ASSOCIATION, OR ITS SUCCESSOR
ORGANIZATION
. THE PARTIES SHALL SELECT A FACT FINDER FROM A LIST OF
SEVEN NAMES FROM THE ROSTER
, AS DESIGNATED BY THE DIRECTOR AND
THE
AMERICAN ARBITRATION ASSOCIATION, OR ITS SUCCESSOR
ORGANIZATION
, OR THE FEDERAL MEDIATION AND CONCILIATION SERVICE ,
WHICHEVER IS APPLICABLE.
(c) U
NLESS THE PARTIES OTHERWISE AGREE, THE FACT FINDER WILL
MAKE A RECOMMENDATION TO ACCEPT THE FINAL OFFER OF THE EXCLUSIVE
REPRESENTATIVE OR THE FINAL OFFER OF THE COUNTY ON EACH ISSUE IN
DISPUTE
.
(d) I
N ARRIVING AT A RECOMMENDATION , THE FACT FINDER SHALL
CONSIDER
:
(I) T
HE FINANCIAL ABILITY OF THE COUNTY TO MEET THE COSTS OF
ANY PROPOSED SETTLEMENT
;
(II) T
HE INTERESTS AND WELFARE OF THE PUBLIC ;
(III) T
HE COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT OF THE COUNTY EMPLOYEES INVOLVED IN THE COLLECTIVE
BARGAINING IN COMPARISON WITH THE COMPENSATION
, HOURS, AND TERMS
AND CONDITIONS OF EMPLOYMENT OF OTHER EMPLOYEES IN THE PUBLIC AND
PRIVATE SECTORS IN COMPARABLE COMMUNITIES
;
(IV) T
HE STIPULATIONS OF THE PARTIES;
(V) T
HE LAWFUL AUTHORITY OF THE COUNTY ;
(VI) C
HANGES IN THE COST OF LIVING; AND
(VII) OTHER FACTORS THAT ARE NORMALLY OR TRADITIONALLY
TAKEN INTO CONSIDERATION IN THE DETERMINATION OF COMPENSATION
,
HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT THROUGH
PAGE 24-SENATE BILL 22-230 VOLUNTARY COLLECTIVE BARGAINING , INTEREST ARBITRATION , OR
OTHERWISE BETWEEN PARTIES IN PUBLIC AND PRIVATE EMPLOYMENT
.
(e) T
HE PARTIES SHALL SHARE THE COST OF THE FACT FINDER
EQUALLY
.
(5) T
HE EXCLUSIVE REPRESENTATIVE SHALL APPROVE OR REJECT THE
RECOMMENDATION OF THE FACT FINDER IN ACCOR DANCE WITH ITS INTERNAL
PROCEDURES
. IF THE EXCLUSIVE REPRESENTATIVE APPROVES OF THE
RECOMMENDATION
, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
SHALL VOTE TO ACCEPT OR REJECT THE RECOMMENDATION AT A REGULAR
OR SPECIAL MEETING OPEN TO THE PUBLIC IMMEDIATELY FOLLOWING
NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE THAT THE BARGAINING
UNIT HAS ACCEPTED THE RECOMMENDATION
.
(6) (a) E
XCEPT FOR THE PARTIES IDENTIFIED IN SUBSECTION (6)(b)
OF THIS SECTION, IF THE PARTIES ARE AT AN IMPASSE FOLLOWING
CONSIDERATION OF THE RECOMMENDATIONS OF THE FACT FINDER
, EACH
PARTY REMAINS OBLIGATED TO COLLECTIVELY BARGAIN IN GOOD FAITH TO
RESOLVE THE IMPASSE
.
(b) B
ARGAINING UNITS OF A LOCAL GOVERNMENT EMPLOYER THAT
INCLUDE FIREFIGHTERS
, AS DEFINED IN SECTION 29-5-301 (2), MUST COMPLY
WITH POST
-FACT-FINDING PROCEDURES IN SECTION 29-5-210 (9), (10), AND
(13).
(7) E
XCEPT FOR THE RECOMMENDATION OF A FACT FINDER , ALL
DOCUMENTS
, PROPOSALS, AND DRAFT AND TENTATIVE AGREEMENTS
DRAFTED OR EXCHANGED PURSUANT TO THE PROCESS ESTABLISHED IN THIS
SECTION ARE PRIVILEGED
, ARE NOT PUBLIC RECORDS, AND ARE NOT SUBJECT
TO INSPECTION PURSUANT TO THE
"COLORADO OPEN RECORDS ACT", PART
2 OF ARTICLE 72 OF TITLE 24.
8-3.3-115. Unfair labor practices. (1) A
COUNTY OR EXCLUSIVE
REPRESENTATIVE SHALL NOT REFUSE TO NEGOTIATE IN GOOD FAITH WITH
RESPECT TO WAGES
, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT
, INCLUDING REFUSING TO COOPERATE IN ANY IMPASSE
RESOLUTION PROCEDURE
.
(2) A
COUNTY, ITS REPRESENTATIVES, ITS AGENTS, OR ANYONE
PAGE 25-SENATE BILL 22-230 ACTING ON BEHALF OF THE COUNTY SHALL NOT :
(a) D
ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,
OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST ,
COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST, ANY
COUNTY EMPLOYEE FOR FORMING OR ASSISTING AN EMPLOYEE
ORGANIZATION OR EXPRESSING THE COUNTY EMPLOYEE
'S VIEWS REGARDING
COUNTY EMPLOYEE REPRESENTATION OR WORKPLACE ISSUES OR THE RIGHTS
GRANTED TO THE COUNTY EMPLOYEE IN THIS ARTICLE
3.3;
(b) D
ETER OR DISCOURAGE COUNTY EMPLOYEES OR COUNTY
EMPLOYEE APPLICANTS FROM BECOMING OR REMAINING MEMBERS OF AN
EMPLOYEE ORGANIZATION OR FROM AUTHORIZING PAYROLL DEDUCTIONS
FOR DUES OR FEES TO AN EMPLOYEE ORGANIZATION
; EXCEPT THAT THE
COUNTY MAY RESP OND TO QUESTIONS FROM A COUNTY EMPLOYEE
PERTAINING TO THE COUNTY EMPLOYEE
'S EMPLOYMENT OR ANY MATTER
DESCRIBED IN THIS ARTICLE
3.3, AS LONG AS THE RESPONSE IS NEUTRAL
TOWARD PARTICIPATION IN
, SELECTION OF, AND MEMBERSHIP IN AN
EMPLOYEE ORGANIZATION
;
(c) U
SE ANY PUBLIC FUNDS OR OFFICIAL POSITION TO SUPPORT OR
OPPOSE AN EMPLOYEE ORGANIZATION
; EXCEPT THAT THE PROVISION OF
ROUTINE SERVICES AND FACILITIES AND PAID TIME FOR EXCLUSIVE
REPRESENTATIVES MAY BE PROVIDED BY A COUNTY PURS UANT TO A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY AND AN
EXCLUSIVE REPRESENTATIVE
;
(d) D
OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN
EMPLOYEE ORGANIZATION
;
(e) D
ISCHARGE OR DISCRIMINATE AGAINST A COUNTY EMPLOYEE
BECAUSE THE COUNTY EMPLOYEE HAS FILED AN AFFIDAVIT
, PETITION, OR
COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO THIS
ARTICLE
3.3 OR A COLLECTIVE BARGAINING AGREEMENT OR CHOSEN TO BE
REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE
;
(f) D
ENY THE RIGHTS ACCOMPANYING CERTIFICATION AS THE
EXCLUSIVE REPRESENTATIVE PURSUANT TO THIS ARTICLE
3.3;
(g) C
OLLECTIVELY BARGAIN IN REGARD TO MATTERS COVERED BY
PAGE 26-SENATE BILL 22-230 THIS ARTICLE 3.3 WITH A COUNTY EMPLOYEE OR GROUP OF COUNTY
EMPLOYEES IN THE BARGAINING UNIT OR AN EMPLOYEE ORGANIZATION
PURPORTEDLY REPRESENTING THE COUNTY EMPLOYEES IN A BARGAINING
UNIT OTHER THAN THE EXCLUSIVE REPRESENTATIVE
;
(h) D
ISCLOSE TO A PRIVATE ENTITY, OTHER THAN THE EXCLUSIVE
REPRESENTATIVE
, PERSONALLY IDENTIFIABLE INFORMATION ABOUT COUNTY
EMPLOYEES WITHIN THE BARGAINING UNIT THAT IS EXEMPT FROM
DISCLOSURE PURSUANT TO LAW
; OR
(i) OTHERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS
ARTICLE
3.3.
(3) (a) A
N EMPLOYEE ORGANIZATION OR EXCLUSIVE
REPRESENTATIVE SHALL NOT
:
(I) I
NTERFERE WITH, RESTRAIN, OR COERCE A COUNTY EMPLOYEE
WITH RESPECT TO THE RIGHTS GRANTED IN THIS ARTICLE
3.3 OR WITH
RESPECT TO SELECTING AN EXCLUSIVE REPRESENTATIVE
;
(II) W
ILLFULLY OR DELIBERATELY FAIL TO FAIRLY REPRESENT A
COUNTY EMPLOYEE WHO IS IN A BARGAINING UNIT EXCLUSIVELY
REPRESENTED BY THE EMPLOYEE ORGANIZATION IN THE NEGOTIATION OR
ENFORCEMENT OF THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT
;
OR
(III) OTHERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS
ARTICLE
3.3.
(b) T
HIS SUBSECTION (3) DOES NOT PROHIBIT AN EXCLUSIVE
REPRESENTATIVE FROM PROVIDING LEGAL
, ECONOMIC, OR JOB-RELATED
SERVICES OR BENEFITS BEYOND THOSE ESTABLISHED IN ANY APPLICABLE
COLLECTIVE BARGAINING AGREEMENT EXCLUSIVELY TO ITS MEMBERS
.
(4) A
N AGGRIEVED PARTY IS BARRED FROM FILING A CLAIM THAT
ALLEGES THAT EITHER THE COUNTY OR EMPLOYEE ORGANIZATION HAS
VIOLATED THIS SECTION UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS
AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY
SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION
.
PAGE 27-SENATE BILL 22-230 (5) THE EXPRESSION OF ANY PERSONAL VIEW , ARGUMENT, OR
OPINION BY AN ELECTED OFFICIAL MUST NOT BE CONSIDERED A VIOLATION
OF THIS SECTION UNLESS THE EXPRESSION CONTAINS A THREAT OF REPRISAL
OR PROMISE OF A BENEFIT OR IS MADE UNDER COERCIVE CONDITIONS
.
R
EPRESENTATIVES OF COUNTIES MAY CORRECT THE RECORD WITH RESPECT
TO ANY FALSE OR MISLEADING STATEMENT MADE BY ANY PERSON
, PUBLICIZE
THE FACT OF A REPRESENTATION ELECTION
, AND ENCOURAGE COUNTY
EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN THE ELECTION
.
(6) (a) A
N EXCLUSIVE REPRESENTATIVE CERTIFIED OR DEEMED
CERTIFIED IN ACCORDANCE WITH THIS ARTICLE
3.3 SHALL NOT THREATEN,
FACILITATE, SUPPORT, OR CAUSE A COUNTY EMPLOYEE TO PARTICIPATE IN
THE FOLLOWING
:
(I) A
STRIKE;
(II) A
WORK STOPPAGE;
(III) A
WORK SLOWDOWN;
(IV) A
GROUP SICK OUT; OR
(V) AN ACTION THAT DISRUPTS, ON A WIDESPREAD BASIS, THE
DAY
-TO-DAY FUNCTIONING OF A COUNTY .
(b) A
CONTROVERSY CONCERNING AN ACTIVITY PROHIBITED BY
SUBSECTION
(6)(a) OF THIS SECTION MAY BE SUBMITTED TO THE DIVISION
PURSUANT TO SECTION
8-3.3-106. UPON A FINDING THAT THE EXCLUSIVE
REPRESENTATIVE HAS VIOLATED SUBSECTION
(6)(a) OF THIS SECTION, THE
DIRECTOR SHALL AWARD ANY APPROPRIATE RELIEF
, INCLUDING SANCTIONS,
FINES, OR DECERTIFICATION. IF AN EXCLUSIVE REPRESENTATIVE IS
DECERTIFIED BY THE DIRECTOR
, THE EMPLOYEE ORGANIZATION MAY BEGIN
THE CERTIFICATION PROCESS IN SECTION
8-3.3-108 AFTER ONE YEAR FROM
THE DATE OF DECERTIFICATION
.
(c) N
OTHING IN THIS SUBSECTION (6) PROHIBITS THE EXCLUSIVE
REPRESENTATIVE FROM ENGAGING IN OTHER CONCERTED ACTIVITIES FOR
THE PURPOSE OF THE COLLECTIVE BARGAINING PROCESS OR OTHER MUTUAL
AID OR PROTECTION
, WITHOUT INTERFERENCE, RESTRAINT, OR COERCION BY
THE COUNTY
.
PAGE 28-SENATE BILL 22-230 (d) NOTHING IN THIS SECTION AFFECTS THE RIGHTS OF ANY COUNTY
EMPLOYEE OR EMPLOYEE ORGANIZATION NOT COVERED BY THE EXPRESS
TERMS OF THIS ARTICLE
3.3.
8-3.3-116. Existing bargaining relationships. A
N EXCLUSIVE
REPRESENTATIVE DEEMED CERTIFIED PURSUANT TO THIS ARTICLE
3.3 HAS
THE RIGHT TO COLLECTIVELY BARGAIN MATTERS NOT COVERED BY AN
EXISTING COLLECTIVE BARGAINING AGREEMENT NEGOTIATED PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE
3.3 IF THE SUBJECTS PROPOSED FOR
BARGAINING WERE OUTSIDE OF THE LAWFUL SCOPE OF BARGAINING PRIOR TO
THE EFFECTIVE DATE OF THIS ARTICLE
3.3.
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$326,092 is appropriated to the department of labor and employment. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $266,950 for use by division of labor standards and statistics for
program costs related to labor standards, which amount is based on an
assumption that the division will require an additional 2.5 FTE; and
(b) $59,142 for the purchase of legal services.
(2) For the 2022-23 state fiscal year, $59,142 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of labor and employment under subsection (1)(b) of
this section and is based on an assumption that the department of law will
require an additional 0.3 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
labor and employment.
SECTION 4. Effective date. This act takes effect July 1, 2023;
except that section 8-3.3-106, Colorado Revised Statutes, enacted in section
2 of this act, and sections 3 through 5 of this act take effect July 1, 2022.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 29-SENATE BILL 22-230 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 30-SENATE BILL 22-230