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Colorado Senate Bill SB230

Colorado 2022 Regular Session

Colorado Senate Bill SB230 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-1056.01 Kristen Forrestal x4217
18 SENATE BILL 22-230
2-BY SENATOR(S) Fenberg and Moreno, Bridges, Buckner, Coleman,
3-Danielson, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
4-Kolker, Lee, Pettersen, Rodriguez, Story, Winter, Zenzinger, Donovan;
5-also REPRESENTATIVE(S) Esgar, Bacon, Benavidez, Cutter, Froelich,
6-Garnett, Gonzales-Gutierrez, Jodeh, Kennedy, Lindsay, Lontine, Ortiz,
7-Sullivan, Titone, Amabile, Bernett, Bird, Boesenecker, Caraveo, Duran,
8-Exum, Gray, Herod, Hooton, Kipp, McCormick, Michaelson Jenet, Ricks,
9-Sirota, Valdez A., Weissman, Woodrow, Young.
9+Senate Committees House Committees
10+Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1013 C
11-ONCERNING THE EXPANSION OF COUNTY EMPLOYEES ' RIGHTS TO
12-COLLECTIVE BARGAINING
13-, AND, IN CONNECTION THEREWITH, MAKING
14-AN APPROPRIATION
15-.
16-
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. Legislative declaration. (1) The general assembly
19-hereby finds and declares that:
20-(a) It is the purpose of this act to promote harmonious, peaceful, and
21-cooperative relationships between counties and county employees in the
22-state of Colorado;
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (b) The creation of a statutory framework that recognizes the rights
31-of county employees to join organizations of their own choosing, to be
32-represented by those organizations, and to collectively bargain with their
33-employer over wages, hours, and other terms and conditions of their
34-employment will improve the delivery of public services in the state of
35-Colorado; and
36-(c) Collective bargaining for county employees is a matter of
37-statewide concern that affects public safety and general welfare.
38-SECTION 2. In Colorado Revised Statutes, add article 3.3 to title
39-8 as follows:
40-ARTICLE 3.3
41-Collective Bargaining by County Employees
14+ONCERNING THE EXPANSION OF COUNTY EMPLOYEES ' RIGHTS TO101
15+COLLECTIVE BARGAINING , AND, IN CONNECTION THEREWITH ,
16+102
17+MAKING AN APPROPRIATION .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+Beginning January 1, 2023, the bill grants the public employees of
26+a county the right to:
27+! Organize, form, join, or assist an employee organization or
28+refrain from doing so;
29+! Engage in collective bargaining;
30+HOUSE
31+Amended 3rd Reading
32+May 11, 2022
33+HOUSE
34+Amended 2nd Reading
35+May 6, 2022
36+SENATE
37+3rd Reading Unamended
38+May 2, 2022
39+SENATE
40+Amended 2nd Reading
41+April 29, 2022
42+SENATE SPONSORSHIP
43+Fenberg and Moreno, Bridges, Buckner, Coleman, Danielson, Fields, Ginal, Gonzales,
44+Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Pettersen, Rodriguez, Story, Winter,
45+Zenzinger, Donovan
46+HOUSE SPONSORSHIP
47+Esgar, Bacon, Benavidez, Cutter, Froelich, Garnett, Gonzales-Gutierrez, Jodeh, Kennedy,
48+Lindsay, Lontine, Ortiz, Sullivan, Titone, Amabile, Bernett, Bird, Boesenecker, Caraveo,
49+Duran, Exum, Gray, Herod, Hooton, Kipp, McCormick, Michaelson Jenet, Ricks, Sirota,
50+Valdez A., Weissman, Woodrow, Young
51+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
52+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
53+Dashes through the words indicate deletions from existing statute. ! Engage in other concerted activities for the purpose of
54+collective bargaining or other mutual aid or protection;
55+! Communicate with other county employees and with
56+employee organization representatives and receive and
57+distribute literature regarding employee organization
58+issues; and
59+! Have an exclusive representative at formal discussions
60+concerning a grievance, a personnel policy or practice, or
61+any other condition of employment.
62+The bill clarifies that county employees may participate fully in the
63+political process.
64+Additionally, the bill:
65+! Grants the exclusive representative of county employees
66+the right to access public employees at work, through
67+electronic communication, and through other means,
68+including employee orientations;
69+! Requires counties to honor county employee authorizations
70+for payroll deductions for the exclusive representative;
71+! Clarifies that specific rights of county employers are not
72+impaired unless otherwise agreed to in a collective
73+bargaining agreement;
74+! Requires the director of the division of labor standards and
75+statistics in the department of labor and employment
76+(director) to enforce, interpret, apply, and administer the
77+provisions of the bill, and, in doing so, to hold hearings and
78+impose administrative remedies;
79+! Authorizes the director or any party of interest to request a
80+district court to enforce orders made pursuant to the bill;
81+! Sets forth the process by which an employee organization
82+is certified and decertified as the exclusive representative
83+of county employees;
84+! Sets forth the process by which an appropriate bargaining
85+unit is determined; and
86+! Requires the county and the exclusive representative to
87+collectively bargain in good faith.
88+The bill states that the collective bargaining agreement is an
89+agreement negotiated between an exclusive representative and a county
90+that must:
91+! Be for a term of at least 12 months and not more than 60
92+months; and
93+! Provide a grievance procedure that culminates in final and
94+binding arbitration.
95+The bill prohibits a collective bargaining agreement from:
96+! Delaying the prompt interviewing of county employees
97+under investigation;
98+230
99+-2- ! Permitting a public employee to use paid time for a
100+suspension from employment;
101+! Permitting the expungement of disciplinary records under
102+certain circumstances; and
103+! Imposing limits on the period of time for which a county
104+employee may be disciplined for incidents of violence.
105+The bill describes the dispute resolution process that the exclusive
106+representative and a county must follow if an impasse arises during the
107+negotiation of a collective bargaining agreement.
108+The bill sets forth the actions taken during the collective
109+bargaining process by a county or an exclusive representative that are
110+unfair labor practices.
111+Be it enacted by the General Assembly of the State of Colorado:1
112+SECTION 1. Legislative declaration. (1) The general assembly2
113+hereby finds and declares that:3
114+(a) It is the purpose of this act to promote harmonious, peaceful,4
115+and cooperative relationships between counties and county employees in5
116+the state of Colorado;6
117+(b) The creation of a statutory framework that recognizes the7
118+rights of county employees to join organizations of their own choosing,8
119+to be represented by those organizations, and to collectively bargain with9
120+their employer over wages, hours, and other terms and conditions of their10
121+employment will improve the delivery of public services in the state of11
122+Colorado; and12
123+(c) Collective bargaining for county employees is a matter of13
124+statewide concern that affects public safety and general welfare.14
125+SECTION 2. In Colorado Revised Statutes, add article 3.3 to title15
126+8 as follows:16
127+ARTICLE 3.317
128+Collective Bargaining by County Employees18
42129 8-3.3-101. Short title. T
43-HE SHORT TITLE OF THIS ARTICLE 3.3 IS THE
44-"COLLECTIVE BARGAINING BY COUNTY EMPLOYEES ACT".
130+HE SHORT TITLE OF THIS ARTICLE 3.3 IS19
131+230-3- THE "COLLECTIVE BARGAINING BY COUNTY EMPLOYEES ACT".1
45132 8-3.3-102. Definitions. A
46-S USED IN THIS ARTICLE 3.3, UNLESS THE
47-CONTEXT OTHERWISE REQUIRES
48-:
133+S USED IN THIS ARTICLE 3.3, UNLESS THE2
134+CONTEXT OTHERWISE REQUIRES :3
49135 (1) "B
50-ARGAINING UNIT" MEANS A GROUP OF COUNTY EMPLOYEES IN
51-A UNIT DEEMED APPROPRIATE FOR THE PURPOSE OF COLLECTIVE BARGAINING
52-IN ACCORDANCE WITH SECTION
53-8-3.3-110; EXCEPT THAT A BARGAINING UNIT
54-DOES NOT INCLUDE
55-:
136+ARGAINING UNIT" MEANS A GROUP OF COUNTY EMPLOYEES4
137+IN A UNIT DEEMED APPROPRIATE FOR THE PURPOSE OF COLLECTIVE5
138+BARGAINING IN ACCORDANCE WITH SECTION 8-3.3-110; EXCEPT THAT A6
139+BARGAINING UNIT DOES NOT INCLUDE :7
56140 (a) A
57- CONFIDENTIAL EMPLOYEE;
141+ CONFIDENTIAL EMPLOYEE;8
58142 (b) A
59- MANAGERIAL EMPLOYEE ;
143+ MANAGERIAL EMPLOYEE ;9
60144 (c) A
61-N EXECUTIVE EMPLOYEE; OR
62-(d) TEMPORARY, INTERMITTENT, OR SEASONAL EMPLOYEES WHO
63-WORK LESS THAN NINETY DAYS IN A THREE
64--HUNDRED-SIXTY-FIVE-DAY
65-PERIOD
66-.
145+N EXECUTIVE EMPLOYEE; OR10
146+(d) T
147+EMPORARY, INTERMITTENT, OR SEASONAL EMPLOYEES WHO11
148+WORK LESS THAN NINETY DAYS IN A THREE -HUNDRED-SIXTY-FIVE-DAY12
149+PERIOD.13
67150 (2) "C
68-OLLECTIVE BARGAINING" OR "COLLECTIVELY BARGAIN" MEANS
69-THE PERFORMANCE OF THE MUTUAL OBLIGATION OF A COUNTY AND AN
70-EXCLUSIVE REPRESENTATIVE TO
71-:
72-PAGE 2-SENATE BILL 22-230 (a) MEET AT REASONABLE TIMES AND PLACES AND NEGOTIATE IN
73-GOOD FAITH WITH RESPECT TO WAGES
74-, HOURS, AND OTHER TERMS AND
75-CONDITIONS OF EMPLOYMENT
76-;
151+OLLECTIVE BARGAINING" OR "COLLECTIVELY BARGAIN"14
152+MEANS THE PERFORMANCE OF THE MUTUAL OBLIGATION OF A COUNTY
153+ AND15
154+AN EXCLUSIVE REPRESENTATIVE TO :16
155+(a) M
156+EET AT REASONABLE TIMES AND PLACES AND NEGOTIATE IN17
157+GOOD FAITH WITH RESPECT TO WAGES , HOURS, AND OTHER TERMS AND18
158+CONDITIONS OF EMPLOYMENT ;19
77159 (b) R
78-ESOLVE QUESTIONS ARISING UNDER A COLLECTIVE BARGAINING
79-AGREEMENT THROUGH A NEGOTIATED GRIE VANCE PROCEDURE
80-CULMINATING IN FINAL AND BINDING ARBITRATION
81-; AND
82-(c) EXECUTE A WRITTEN CONTRACT INCORPORATING ANY
83-AGREEMENTS REACHED
84-.
160+ESOLVE QUESTIONS ARISING UNDER A COLLECTIVE20
161+BARGAINING AGREEMENT THROUGH A NEGOTIATED GRIEVANCE21
162+PROCEDURE CULMINATING IN FINAL AND BINDING ARBITRATION ; AND22
163+(c) E
164+XECUTE A WRITTEN CONTRACT INCORPORATING ANY23
165+AGREEMENTS REACHED .24
85166 (3) "C
86-OLLECTIVE BARGAINING AGREEMENT " MEANS AN AGREEMENT
87-NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND A COUNTY
88-,
89-INCLUDING AN AGREEMENT REACHED THROUGH AN IMPASSE RESOLUTION
90-PROCESS PURSUANT TO SECTION
91-8-3.3-114.
167+OLLECTIVE BARGAINING AGREEMENT " MEANS AN25
168+AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND26
169+A COUNTY, INCLUDING AN AGREEMENT REACHED THROUGH AN IMPASSE27
170+230
171+-4- RESOLUTION PROCESS PURSUANT TO SECTION 8-3.3-114.1
92172 (4) "C
93-OMPENSATION" MEANS:
173+OMPENSATION" MEANS:2
94174 (a) B
95-ASE WAGE OR SALARY;
175+ASE WAGE OR SALARY;3
96176 (b) A
97-NY FORM OF DIRECT MONETARY PAYMENTS ;
177+NY FORM OF DIRECT MONETARY PAYMENTS ;4
98178 (c) H
99-EALTH, ACCIDENT, LIFE, AND DISABILITY INSURANCE;
179+EALTH, ACCIDENT, LIFE, AND DISABILITY INSURANCE;5
100180 (d) P
101-ENSION PROGRAMS;
181+ENSION PROGRAMS;6
102182 (e) P
103-AID TIME OFF;
183+AID TIME OFF;7
104184 (f) U
105-NIFORM AND EQUIPMENT ALLOWANCES ; AND
106-(g) EXPENSE REIMBURSEMENT .
185+NIFORM AND EQUIPMENT ALLOWANCES ; AND8
186+(g) E
187+XPENSE REIMBURSEMENT .9
107188 (5) "C
108-ONFIDENTIAL EMPLOYEE" MEANS A PERSON WHO IS:
189+ONFIDENTIAL EMPLOYEE" MEANS A PERSON WHO IS:10
109190 (a) R
110191 EQUIRED TO DEVELOP OR PRESENT MANAGEMENT POSITIONS
111-WITH RESPECT TO EMPLOYER
112--EMPLOYEE RELATIONS OR WHOSE DUTIES
113-NORMALLY REQUIRE ACCESS TO CONFIDENTIAL INFORMATION THAT IS USED
114-TO CONTRIBUTE SIGNIFICANTLY TO THE DEVELOPMENT OF THE MANAGEMENT
115-POSITIONS
116-; OR
117-PAGE 3-SENATE BILL 22-230 (b) EMPLOYED AS AN ATTORNEY BY THE COUNTY AND WHOSE DUTIES
118-ARE TO PROVIDE DIRECT LEGAL COUNSEL REGARDING THE APPLICATION
119-,
120-INTERPRETATION, OR ENFORCEMENT OF THIS ARTICLE 3.3.
192+11
193+WITH RESPECT TO EMPLOYER -EMPLOYEE RELATIONS OR WHOSE DUTIES12
194+NORMALLY REQUIRE ACCESS TO CONFIDENTIAL INFORMATION THAT IS13
195+USED TO CONTRIBUTE SIGNIFICANTLY TO THE DEVELOPMENT OF THE14
196+MANAGEMENT POSITIONS ; OR15
197+(b) E
198+MPLOYED AS AN ATTORNEY BY THE COUNTY AND WHOSE16
199+DUTIES ARE TO PROVIDE DIRECT LEGAL COUNSEL REGARDING THE17
200+APPLICATION, INTERPRETATION, OR ENFORCEMENT OF THIS ARTICLE 3.3.18
121201 (6) (a) "C
122-OUNTY" MEANS A COUNTY IN THIS STATE.
202+OUNTY" MEANS A COUNTY IN THIS STATE.19
123203 (b) "C
124-OUNTY" DOES NOT INCLUDE:
204+OUNTY" DOES NOT INCLUDE:20
125205 (I) A
126- CITY AND COUNTY;
127-(II) A
128- COUNTY WITH A POPULATION OF LESS THAN SEVEN THOUSAND
129-FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF THE MOST
130-RECENT
131-UNITED STATES DECENNIAL CENSUS;
206+ CITY AND COUNTY;21
207+(II) A COUNTY WITH A POPULATION OF LESS THAN SEVEN22
208+THOUSAND FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF23
209+THE MOST RECENT UNITED STATES DECENNIAL CENSUS;24
210+(III) THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE25
211+WHERE THE STATE OR POLITICAL SUBDIVISION OF THE STATE ACQUIRES OR26
212+OPERATES A MASS TRANSPORTATION SYSTEM, OR ANY CARRIER BY27
213+230
214+-5- RAILROAD, EXPRESS COMPANY, OR SLEEPING CAR COMPANY SUBJECT TO1
215+THE FEDERAL "RAILWAY LABOR ACT", 45 U.S.C. SEC. 151 ET SEQ., AS2
216+AMENDED;3
217+(IV) A MUNICIPALITY;4
218+(V) A SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL5
219+AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, OR AN6
220+INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF7
221+ARTICLE 30.5 OF TITLE 22;8
222+(VI) ANY DISTRICT, BUSINESS IMPROVEMENT DISTRICT, SPECIAL9
223+DISTRICT CREATED PURSUANT TO TITLE 32, AUTHORITY, OR OTHER10
224+POLITICAL SUBDIVISION OF THE STATE; OR11
225+(VII) A PUBLIC HOSPITAL ESTABLISHED BY A COUNTY PURSUANT12
226+TO PART 3 OF ARTICLE 3 OF TITLE 25.13
227+(7) "C
228+OUNTY EMPLOYEE" MEANS A PERSON EMPLOYED BY A14
229+COUNTY, INCLUDING A PERSON WHOSE EMPLOYMENT WITH THE COUNTY15
230+HAS CEASED DUE TO AN UNFAIR LABOR PRACTICE OR A DISCHARGE , IF
231+16
232+SUCH DISCHARGE IS SUBJECT TO APPEAL UNDER AN APPLICABLE APPEALS17
233+PROCESS.18
234+(8) "D
235+EADLY PHYSICAL FORCE" MEANS FORCE, THE INTENDED,19
236+NATURAL, AND PROBABLE CONSEQUENCE OF WHICH IS TO PRODUCE DEATH ,20
237+AND WHICH DOES, IN FACT, PRODUCE DEATH.21
238+(9) "D
239+EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND22
240+EMPLOYMENT.23
241+(10) "D
242+IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.24
243+(11) "D
244+IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND25
245+STATISTICS IN THE DEPARTMENT.26
246+(12) "E
247+MPLOYEE ORGANIZATION " MEANS A NONPROFIT27
248+230
249+-6- ORGANIZATION THAT ENGAGES WITH A COUNTY CONCERNING WAGES ,1
250+HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND THAT2
251+REPRESENTS OR SEEKS TO REPRESENT COUNTY EMPLOYEES IN A3
252+BARGAINING UNIT.4
253+(13) "E
254+XCLUSIVE REPRESENTATIVE " MEANS THE EMPLOYEE5
255+ORGANIZATION CERTIFIED OR RECOGNIZED AS THE REPRESENTATIVE OF6
256+EMPLOYEES IN A BARGAINING UNIT PURSUANT TO THE TERMS OF THIS7
257+ARTICLE 3.3.8
258+(14) "E
259+XECUTIVE EMPLOYEE" MEANS AN EMPLOYEE: 9
260+(a) W
261+HOSE PRIMARY DUTY IS MANAGEMENT OF THE ENTITY IN10
262+WHICH THE EMPLOYEE IS EMPLOYED OR OF A CUSTOMARILY RECOGNIZED11
263+DEPARTMENT OR SUBDIVISION OF THE ENTITY ;12
264+(b) W
265+HO CUSTOMARILY AND REGULARLY DIRECTS THE WORK OF13
266+TWO OR MORE OTHER EMPLOYEES ; AND14
267+(c) W
268+HO HAS THE AUTHORITY TO HIRE OR FIRE OTHER EMPLOYEES15
269+OR WHOSE SUGGESTIONS AND RECOMMENDATIONS AS TO THE HIRING ,16
270+FIRING, ADVANCEMENT, PROMOTION, OR ANY OTHER CHANGE OF STATUS17
271+OF OTHER EMPLOYEES ARE GIVEN PARTICULAR WEIGHT .18
272+(15) "F
273+ACT FINDING" MEANS THE PROCESS WHEREBY THE ISSUES19
274+NOT RESOLVED IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE20
275+COUNTY AND THE EXCLUSIVE REPRESENTATIVE ARE PRESENTED TO A FACT21
276+FINDER FOR RESOLUTION PURSUANT TO SECTION 8-3.3-114.22
277+(16) "F
278+INAL OFFER" MEANS THE WRITTEN OFFER MADE :23
279+(a) L
280+ATEST IN TIME BY AN EXCLUSIVE REPRESENTATIVE TO A24
281+COUNTY OR BY A COUNTY TO AN EXCLUSIVE REPRESENTATIVE ; AND25
282+(b) A
283+T LEAST SEVEN CALENDAR DAYS BEFORE THE BEGINNING OF26
284+AN IMPASSE RESOLUTION HEARING AS DESCRIBED IN SECTION 8-3.3-114.27
285+230
286+-7- (17) "INTEREST-BASED BARGAINING" MEANS A METHOD OF1
287+COLLECTIVE BARGAINING THAT INVOLVES MUTUAL COLLABORATION .2
288+(18) "M
289+ANAGERIAL EMPLOYEE" MEANS ANY COUNTY EMPLOYEE3
290+WHO HAS SIGNIFICANT RESPONSIBILITIES FOR FORMULATING COUNTY4
291+POLICIES AND PROGRAMS OR ADMINISTERING AN AGENCY OR DEPARTMENT5
292+OF AN AGENCY.6
293+(19) "N
294+EW EMPLOYEE ORIENTATION " MEANS THE ONBOARDING7
295+PROCESS OF A NEWLY HIRED COUNTY EMPLOYEE , WHETHER IN PERSON,8
296+ONLINE, OR THROUGH OTHER MEANS OR MEDIUMS , IN WHICH COUNTY9
297+EMPLOYEES ARE ADVISED OF THEIR EMPLOYMENT STATUS , RIGHTS,10
298+BENEFITS, DUTIES, AND RESPONSIBILITIES OR ANY OTHER11
299+EMPLOYMENT-RELATED MATTERS.12
300+(20) "P
301+HYSICAL FORCE" MEANS THE APPLICATION OF PHYSICAL13
302+TECHNIQUES OR TACTICS, CHEMICAL AGENTS, OR WEAPONS TO ANOTHER14
303+PERSON.15
304+(21) "S
305+ERIOUS BODILY INJURY" MEANS BODILY INJURY THAT ,16
306+EITHER AT THE TIME OF THE ACTUAL INJURY OR AT A LATER TIME ,17
307+INVOLVES:18
308+(a) A
309+ SUBSTANTIAL RISK OF:19
310+(I) D
311+EATH;20
312+(II) S
313+ERIOUS PERMANENT DISFIGUREMENT ; OR21
314+(III) P
315+ROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY22
316+PART OR ORGAN OF THE BODY; OR23
317+(b) A
318+ BREAK, FRACTURE, OR BURN OF THE SECOND OR THIRD24
319+DEGREE.25
320+(22) "S
321+HOWING OF INTEREST" MEANS WRITTEN OR ELECTRONIC26
322+DOCUMENTATION THAT PROVIDES EVIDENCE OF COUNTY EMPLOYEE27
323+230
324+-8- MEMBERSHIP OR SUPPORT FOR AN EMPLOYEE ORGANIZATION FOR1
325+PURPOSES OF EXCLUSIVE REPRESENTATION . "SHOWING OF INTEREST"2
326+INCLUDES ANY ELECTRONIC SIGNATURE ACCEPTABLE UNDER THE3
327+"U
328+NIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.4
329+(23) "T
330+ERMS AND CONDITIONS OF EMPLOYMENT " MEANS MATTERS5
331+AFFECTING THE EMPLOYMENT AND WORKING CONDITIONS OF COUNTY6
332+EMPLOYEES, INCLUDING HOURS AND PLACE OF WORK .7
333+8-3.3-103. County employees - rights - obligations. (1) C
334+OUNTY8
335+EMPLOYEES HAVE THE RIGHT TO :9
336+(a) S
337+ELF-ORGANIZE;10
338+(b) F
339+ORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION ;11
340+(c) E
341+NGAGE IN THE COLLECTIVE BARGAINING PROCESS AND THE12
342+FORMATION OF A COLLECTIVE BARGAINING AGREEMENT THROUGH13
343+REPRESENTATIVES OF THEIR OWN CHOOSING ;14
344+(d) E
345+NGAGE IN OTHER CONCERTED ACTIVITIES FOR THE PURPOSE15
346+OF COLLECTIVE BARGAINING OR OTHER MUTUAL AID OR PROTECTION ; AND16
347+(e) R
348+EFRAIN FROM ANY OR ALL CONCERTED ACTIVITIES WITHOUT17
349+INTERFERENCE, CONSTRAINT, OR COERCION BY A COUNTY OR AN18
350+EMPLOYEE ORGANIZATION .19
351+(2) C
352+OUNTY EMPLOYEES HAVE THE RIGHT TO COMMUNICATE WITH20
353+ONE ANOTHER AND WITH EMPLOYEE ORGANIZATION REPRESENTATIVES21
354+CONCERNING ORGANIZATION , REPRESENTATION, WORKPLACE ISSUES,22
355+COLLECTIVE BARGAINING, AND THE BUSINESS AND PROGRAMS OF AN23
356+EMPLOYEE ORGANIZATION AT COUNTY EMPLOYEE WORK SITES AND BY24
357+MEANS OF E-MAIL SYSTEMS, TEXT MESSAGES, OR OTHER ELECTRONIC25
358+COMMUNICATIONS; TELEPHONE; PAPER DOCUMENTS; AND OTHER MEANS26
359+OF COMMUNICATION SUBJECT TO REASONABLE RESTRICTIONS . UPON27
360+230
361+-9- CERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE , THE RESTRICTIONS1
362+MUST BE DETERMINED THROUGH COLLECTIVE BARGAINING .2
363+(3) C
364+OUNTY EMPLOYEES HAVE THE RIGHT TO HAVE THEIR3
365+EXCLUSIVE REPRESENTATIVE BE PRESENT AT :4
366+(a) A
367+NY FORMAL DISCUSSION BETWEEN ONE OR MORE5
368+REPRESENTATIVES OF THE COUNTY AND ONE OR MORE COUNTY6
369+EMPLOYEES IN THE BARGAINING UNIT OR THEIR REPRESENTATIVES7
370+CONCERNING A GRIEVANCE , A PERSONNEL POLICY OR PRACTICE, OR ANY8
371+OTHER GENERAL CONDITION OF EMPLOYMENT ; OR9
372+(b) A
373+NY EXAMINATION OF A COUNTY EMPLOYEE IN THE10
374+BARGAINING UNIT BY A REPRESENTATIVE OF THE COUNTY IN CONNECTION11
375+WITH AN INVESTIGATION IF:12
376+(I) T
377+HE COUNTY EMPLOYEE REASONABLY BELIEVES THAT THE13
378+EXAMINATION MAY RESULT IN DISCIPLINARY ACTION AGAINST THE14
379+COUNTY EMPLOYEE; AND15
380+(II) T
381+HE COUNTY EMPLOYEE REQUESTS REPRESENTATION .16
382+(4) The discussions described in subsection (3)(a)
383+ OF THIS
384+17
385+SUBSECTION DO NOT INCLUDE INFORMAL DISCUSSIONS OR ORDINARY18
386+COACHING CONVERSATIONS BETWEEN COUNTY EMPLOYEES AND THEIR19
387+MANAGERS OR SUPERVISORS .20
388+(5) A COUNTY SHALL ANNUALLY INFORM ITS COUNTY EMPLOYEES21
389+IN A BARGAINING UNIT WHO ARE REPRESENTED BY AN EXCLUSIVE22
390+REPRESENTATIVE OF THEIR RIGHTS UNDER SUBSECTION (3)(b) OF THIS23
391+SECTION.24
392+(6) COUNTY EMPLOYEES HAVE THE RIGHT TO FULLY PARTICIPATE25
393+IN THE POLITICAL PROCESS. COUNTY EMPLOYEES, DURING NONWORKING26
394+HOURS, MAY SPEAK WITH MEMBERS OF THE PUBLIC AND THE COUNTY ON27
395+230
396+-10- ANY MATTER OF PUBLIC CONCERN , INCLUDING THE TERMS AND1
397+CONDITIONS OF THEIR EMPLOYMENT , AND MAY ENGAGE IN OTHER2
398+POLITICAL ACTIVITIES IN THE SAME MANNER AS OTHER RESIDENTS OF3
399+C
400+OLORADO, WITHOUT DISCRIMINATION, INTIMIDATION, OR RETALIATION.4
401+8-3.3-104. Exclusive representatives - rights. (1)
402+ A COUNTY5
403+SHALL GIVE THE EXCLUSIVE REPRESENTATIVE REASONABLE ACCESS TO6
404+COUNTY EMPLOYEES AT WORK , THROUGH ELECTRONIC COMMUNICATION7
405+AND OTHER MEANS . REASONABLE ACCESS MUST BE DETERMINED8
406+THROUGH COLLECTIVE BARGAINING .9
407+(2) A
408+T THE END OF EACH CALENDAR QUARTER , A COUNTY SHALL10
409+PROVIDE TO THE EXCLUSIVE REPRESENTATIVE THE FOLLOWING11
410+INFORMATION FOR EACH COUNTY EMPLOYEE IN THE BARGAINING UNIT :12
411+(a) T
412+HE NAME, EMPLOYEE IDENTIFICATION NUMBER, DEPARTMENT,13
413+JOB CLASSIFICATION, JOB TITLE, WORK TELEPHONE NUMBER, WORK E-MAIL14
414+ADDRESS, WORK ADDRESS, WORK LOCATION, SALARY, AND DATE OF HIRE15
415+OF EACH COUNTY EMPLOYEE AS CONTAINED IN THE COUNTY 'S RECORDS;16
416+AND17
417+(b) T
418+HE HOME ADDRESS , HOME AND PERSONAL CELLULAR18
419+TELEPHONE NUMBERS, AND PERSONAL E-MAIL ADDRESS OF EACH COUNTY19
420+EMPLOYEE, UNLESS DIRECTED BY THE COUNTY EMPLOYEE NOT TO PROVIDE20
421+SOME OR ALL OF THE INFORMATION .21
422+(3) (a) (I) W
423+ITHIN THIRTY DAYS AFTER A COUNTY EMPLOYEE IS22
424+HIRED, THE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE23
425+WITH AN OPPORTUNITY TO MEET WI TH THAT COUNTY EMPLOYEE DURING24
426+WORK TIME AS DETERMINED PURSUANT TO SUBSECTION (3)(a)(III) OF THIS25
427+SECTION.26
428+(II) T
429+HE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE27
430+230
431+-11- NOTICE AT LEAST TEN DAYS IN A DVANCE OF A NEW EMPLOYEE1
432+ORIENTATION; EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED WHEN2
433+THERE IS AN URGENT NEED, CRITICAL TO THE COUNTY'S OPERATIONS, THAT3
434+WAS NOT REASONABLY FORESEEABLE .4
132435 (III) T
133-HE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE
134-WHERE THE STATE OR POLITICAL SUBDIVISION OF THE STATE ACQUIRES OR
135-OPERATES A MASS TRANSPORTATION SYSTEM
136-, OR ANY CARRIER BY
137-RAILROAD
138-, EXPRESS COMPANY, OR SLEEPING CAR COMPANY SUBJECT TO THE
139-FEDERAL
140-"RAILWAY LABOR ACT", 45 U.S.C. SEC. 151 ET SEQ., AS AMENDED;
141-(IV) A
142- MUNICIPALITY;
143-(V) A
144- SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL AUTHORIZED
145-PURSUANT TO PART
146-1 OF ARTICLE 30.5 OF TITLE 22, OR AN INSTITUTE
147-CHARTER SCHOOL AUTHORIZED PURSUANT TO PART
148-5 OF ARTICLE 30.5 OF
149-TITLE
150-22;
151-(VI) A
152-NY DISTRICT, BUSINESS IMPROVEMENT DISTRICT , SPECIAL
153-DISTRICT CREATED PURSUANT TO TITLE
154-32, AUTHORITY, OR OTHER POLITICAL
155-SUBDIVISION OF THE STATE
156-; OR
157-(VII) A PUBLIC HOSPITAL ESTABLISHED BY A COUNTY PURSUANT TO
158-PART
159-3 OF ARTICLE 3 OF TITLE 25.
160-(7) "C
161-OUNTY EMPLOYEE" MEANS A PERSON EMPLOYED BY A COUNTY ,
162-INCLUDING A PERSON WHOSE EMPLOYMENT WITH THE COUNTY HAS CEASED
163-DUE TO AN UNFAIR LABOR PRACTICE OR A DISCHARGE
164-, IF SUCH DISCHARGE
165-IS SUBJECT TO APPEAL UNDER AN APPLICABLE APPEALS PROCESS
166-.
167-(8) "D
168-EADLY PHYSICAL FORCE" MEANS FORCE, THE INTENDED,
169-PAGE 4-SENATE BILL 22-230 NATURAL, AND PROBABLE CONSEQUENCE OF WHICH IS TO PRODUCE DEATH ,
170-AND WHICH DOES, IN FACT, PRODUCE DEATH.
171-(9) "D
172-EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
173-EMPLOYMENT
174-.
175-(10) "D
176-IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.
177-(11) "D
178-IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND
179-STATISTICS IN THE DEPARTMENT
180-.
181-(12) "E
182-MPLOYEE ORGANIZATION " MEANS A NONPROFIT
183-ORGANIZATION THAT ENGAGES WITH A COUNTY CONCERNING WAGES
184-,
185-HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND THAT
186-REPRESENTS OR SEEKS TO REPRESENT COUNTY EMPLOYEES IN A BARGAINING
187-UNIT
188-.
189-(13) "E
190-XCLUSIVE REPRESENTATIVE " MEANS THE EMPLOYEE
191-ORGANIZATION CERTIFIED OR RECOGNIZED AS THE REPRESENTATIVE OF
192-EMPLOYEES IN A BARGAINING UNIT PURSUANT TO THE TERMS OF THIS
193-ARTICLE
194-3.3.
195-(14) "E
196-XECUTIVE EMPLOYEE" MEANS AN EMPLOYEE:
197-(a) W
198-HOSE PRIMARY DUTY IS MANAGEMENT OF THE ENTITY IN WHICH
199-THE EMPLOYEE IS EMPLOYED OR OF A CUSTOMARILY RECOGNIZED
200-DEPARTMENT OR SUBDIVISION OF THE ENTITY
201-;
202-(b) W
203-HO CUSTOMARILY AND REGULARLY DIRECTS THE WORK OF TWO
204-OR MORE OTHER EMPLOYEES
205-; AND
206-(c) WHO HAS THE AUTHORITY TO HIRE OR FIRE OTHER EMPLOYEES OR
207-WHOSE SUGGESTIONS AND RECOMMENDATIONS AS TO THE HIRING
208-, FIRING,
209-ADVANCEMENT, PROMOTION, OR ANY OTHER CHANGE OF STATUS OF OTHER
210-EMPLOYEES ARE GIVEN PARTICULAR WEIGHT
211-.
212-(15) "F
213-ACT FINDING" MEANS THE PROCESS WHEREBY THE ISSUES NOT
214-RESOLVED IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE
215-COUNTY AND THE EXCLUSIVE REPRESENTATIVE ARE PRESENTED TO A FACT
216-FINDER FOR RESOLUTION PURSUANT TO SECTION
217-8-3.3-114.
218-PAGE 5-SENATE BILL 22-230 (16) "FINAL OFFER" MEANS THE WRITTEN OFFER MADE :
219-(a) L
220-ATEST IN TIME BY AN EXCLUSIVE REPRESENTATIVE TO A COUNTY
221-OR BY A COUNTY TO AN EXCLUSIVE REPRESENTATIVE
222-; AND
223-(b) AT LEAST SEVEN CALENDAR DAYS BEFORE THE BEGINNING OF AN
224-IMPASSE RESOLUTION HEARING AS DESCRIBED IN SECTION
225-8-3.3-114.
226-(17) "I
227-NTEREST-BASED BARGAINING" MEANS A METHOD OF
228-COLLECTIVE BARGAINING THAT INVOLVES MUTUAL COLLABORATION
229-.
230-(18) "M
231-ANAGERIAL EMPLOYEE " MEANS ANY COUNTY EMPLOYEE
232-WHO HAS SIGNIFICANT RESPONSIBILITIES FOR FORMULATING COUNTY
233-POLICIES AND PROGRAMS OR ADMINISTERING AN AGENCY OR DEPARTMENT
234-OF AN AGENCY
235-.
236-(19) "N
237-EW EMPLOYEE ORIENTATION " MEANS THE ONBOARDING
238-PROCESS OF A NEWLY HIRED COUNTY EMPLOYEE
239-, WHETHER IN PERSON,
240-ONLINE, OR THROUGH OTHER MEANS OR MEDIUMS , IN WHICH COUNTY
241-EMPLOYEES ARE ADVISED OF THEIR EMPLOYMENT STATUS
242-, RIGHTS,
243-BENEFITS, DUTIES, AND RESPONSIBILITIES OR ANY OTHER
244-EMPLOYMENT
245--RELATED MATTERS.
246-(20) "P
247-HYSICAL FORCE" MEANS THE APPLICATION OF PHYSICAL
248-TECHNIQUES OR TACTICS
249-, CHEMICAL AGENTS, OR WEAPONS TO ANOTHER
250-PERSON
251-.
252-(21) "S
253-ERIOUS BODILY INJURY" MEANS BODILY INJURY THAT, EITHER
254-AT THE TIME OF THE ACTUAL INJURY OR AT A LATER TIME
255-, INVOLVES:
256-(a) A
257- SUBSTANTIAL RISK OF:
258-(I) D
259-EATH;
260-(II) S
261-ERIOUS PERMANENT DISFIGUREMENT ; OR
262-(III) PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY
263-PART OR ORGAN OF THE BODY
264-; OR
265-(b) A BREAK, FRACTURE, OR BURN OF THE SECOND OR THIRD DEGREE.
266-PAGE 6-SENATE BILL 22-230 (22) "SHOWING OF INTEREST" MEANS WRITTEN OR ELECTRONIC
267-DOCUMENTATION THAT PROVIDES EVIDENCE OF COUNTY EMPLOYEE
268-MEMBERSHIP OR SUPPORT FOR AN EMPLOYEE ORGANIZATION FOR PURPOSES
269-OF EXCLUSIVE REPRESENTATION
270-. "SHOWING OF INTEREST" INCLUDES ANY
271-ELECTRONIC SIGNATURE ACCEPTABLE UNDER THE
272-"UNIFORM ELECTRONIC
273-TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.
274-(23) "T
275-ERMS AND CONDITIONS OF EMPLOYMENT " MEANS MATTERS
276-AFFECTING THE EMPLOYMENT AND WORKING CONDITIONS OF COUNTY
277-EMPLOYEES
278-, INCLUDING HOURS AND PLACE OF WORK .
279-8-3.3-103. County employees - rights - obligations. (1) C
280-OUNTY
281-EMPLOYEES HAVE THE RIGHT TO
282-:
283-(a) S
284-ELF-ORGANIZE;
285-(b) F
286-ORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION ;
287-(c) E
288-NGAGE IN THE COLLECTIVE BARGAINING PROCESS AND THE
289-FORMATION OF A COLLECTIVE BARGAINING AGREEMENT THROUGH
290-REPRESENTATIVES OF THEIR OWN CHOOSING
291-;
292-(d) E
293-NGAGE IN OTHER CONCERTED ACTIVITIES FOR THE PURPOSE OF
294-COLLECTIVE BARGAINING OR OTHER MUTUAL AID OR PROTECTION
295-; AND
296-(e) REFRAIN FROM ANY OR ALL CONCERTED ACTIVITIES WITHOUT
297-INTERFERENCE
298-, CONSTRAINT, OR COERCION BY A COUNTY OR AN EMPLOYEE
299-ORGANIZATION
300-.
301-(2) C
302-OUNTY EMPLOYEES HAVE THE RIGHT TO COMMUNICATE WITH
303-ONE ANOTHER AND WITH EMPLOYEE ORGANIZATION REPRESENTATIVES
304-CONCERNING ORGANIZATION
305-, REPRESENTATION, WORKPLACE ISSUES ,
306-COLLECTIVE BARGAINING , AND THE BUSINESS AND PROGRAMS OF AN
307-EMPLOYEE ORGANIZATION AT COUNTY EMPLOYEE WORK SITES AND BY
308-MEANS OF E
309--MAIL SYSTEMS, TEXT MESSAGES, OR OTHER ELECTRONIC
310-COMMUNICATIONS
311-; TELEPHONE; PAPER DOCUMENTS; AND OTHER MEANS OF
312-COMMUNICATION SUBJECT TO REASONABLE RESTRICTIONS
313-. UPON
314-CERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE
315-, THE RESTRICTIONS MUST
316-BE DETERMINED THROUGH COLLECTIVE BARGAINING
317-.
318-PAGE 7-SENATE BILL 22-230 (3) COUNTY EMPLOYEES HAVE THE RIGHT TO HAVE THEIR EXCLUSIVE
319-REPRESENTATIVE BE PRESENT AT
320-:
321-(a) A
322-NY FORMAL DISCUSSION BETWEEN ONE OR MORE
323-REPRESENTATIVES OF THE COUNTY AND ONE OR MORE COUNTY EMPLOYEES
324-IN THE BARGAINING UNIT OR THEIR REPRESENTATIVES CONCERNING A
325-GRIEVANCE
326-, A PERSONNEL POLICY OR PRACTICE, OR ANY OTHER GENERAL
327-CONDITION OF EMPLOYMENT
328-; OR
329-(b) ANY EXAMINATION OF A COUNTY EMPLOYEE IN THE BARGAINING
330-UNIT BY A REPRESENTATIVE OF THE COUNTY IN CONNECTION WITH AN
331-INVESTIGATION IF
332-:
333-(I) T
334-HE COUNTY EMPLOYEE REASONABLY BELIEVES THAT THE
335-EXAMINATION MAY RESULT IN DISCIPLINARY ACTION AGAINST THE COUNTY
336-EMPLOYEE
337-; AND
338-(II) THE COUNTY EMPLOYEE REQUESTS REPRESENTATION .
436+HE COUNTY AND THE EXCLUSIVE REPRESENTATIVE SHALL5
437+DETERMINE THE STRUCTURE , TIME, AND MANNER OF THE EMPLOYEE6
438+ORGANIZATION'S ACCESS TO COUNTY EMPLOYEES THROUGH COLLECTIVE7
439+BARGAINING. THE COLLECTIVE BARGAINING AGREEMENT MUST PROVIDE8
440+THE EXCLUSIVE REPRESENTATIVE ACCESS TO THE COUNTY 'S EMPLOYEE9
441+ORIENTATION AND ORIENTATION MATERIALS AND INFORMATION .10
442+(b) T
443+HE COUNTY SHALL PAY ITS COUNTY EMPLOYEES FOR THE TIME11
444+EMPLOYEES MEET WITH THE EXCLUS IVE REPRESENTATIVE PURSUANT TO12
445+THIS SUBSECTION (3). THE COUNTY SHALL PAY EACH COUNTY EMPLOYEE13
446+THE SAME RATE OF PAY THAT THE EMPLOYEE IS PAID DURING NORMAL14
447+WORK HOURS.15
339448 (4) T
340-HE DISCUSSIONS DESCRIBED IN SUBSECTION (3)(a) OF THIS
341-SECTION DO NOT INCLUDE INFORMAL DISCUSSIONS OR ORDINARY COACHING
342-CONVERSATIONS BETWEEN COUNTY EMPLOYEES AND THEIR MANAGERS OR
343-SUPERVISORS
344-.
345-(5) A
346- COUNTY SHALL ANNUALLY INFORM ITS COUNTY EMPLOYEES IN
347-A BARGAINING UNIT WHO ARE REPRESENTED BY AN EXCLUSIVE
348-REPRESENTATIVE OF THEIR RIGHTS UNDER SUBSECTION
349- (3)(b) OF THIS
350-SECTION
351-.
352-(6) C
353-OUNTY EMPLOYEES HAVE THE RIGHT TO FULLY PARTICIPATE IN
354-THE POLITICAL PROCESS
355-. COUNTY EMPLOYEES , DURING NONWORKING
356-HOURS
357-, MAY SPEAK WITH MEMBERS OF THE PUBLIC AND THE COUNTY ON ANY
358-MATTER OF PUBLIC CONCERN
359-, INCLUDING THE TERMS AND CONDITIONS OF
360-THEIR EMPLOYMENT
361-, AND MAY ENGAGE IN OTHER POLITICAL ACTIVITIES IN
362-THE SAME MANNER AS OTHER RESIDENTS OF
363-COLORADO, WITHOUT
364-DISCRIMINATION
365-, INTIMIDATION, OR RETALIATION.
366-8-3.3-104. Exclusive representatives - rights. (1) A
367- COUNTY
368-SHALL GIVE THE EXCLUSIVE REPRESENTATIVE REASONABLE ACCESS TO
369-COUNTY EMPLOYEES AT WORK
370-, THROUGH ELECTRONIC COMMUNICATION
371-PAGE 8-SENATE BILL 22-230 AND OTHER MEANS. REASONABLE ACCESS MUST BE DETERMINED THROUGH
372-COLLECTIVE BARGAINING
373-.
374-(2) A
375-T THE END OF EACH CALENDAR QUARTER , A COUNTY SHALL
376-PROVIDE TO THE EXCLUSIVE REPRESENTATIVE THE FOLLOWING INFORMATION
377-FOR EACH COUNTY EMPLOYEE IN THE BARGAINING UNIT
378-:
379-(a) T
380-HE NAME, EMPLOYEE IDENTIFICATION NUMBER , DEPARTMENT,
381-JOB CLASSIFICATION, JOB TITLE, WORK TELEPHONE NUMBER , WORK E-MAIL
382-ADDRESS
383-, WORK ADDRESS, WORK LOCATION, SALARY, AND DATE OF HIRE OF
384-EACH COUNTY EMPLOYEE AS CONTAINED IN THE COUNTY
385-'S RECORDS; AND
386-(b) THE HOME ADDRESS , HOME AND PERSONAL CELLULAR
387-TELEPHONE NUMBERS
388-, AND PERSONAL E-MAIL ADDRESS OF EACH COUNTY
389-EMPLOYEE
390-, UNLESS DIRECTED BY THE COUNTY EMPLOYEE NOT TO PROVIDE
391-SOME OR ALL OF THE INFORMATION
392-.
393-(3) (a) (I) W
394-ITHIN THIRTY DAYS AFTER A COUNTY EMPLOYEE IS
395-HIRED
396-, THE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE WITH
397-AN OPPORTUNITY TO MEET WITH THAT COUNTY EMPLOYEE DURING WORK
398-TIME AS DETERMINED PURSUANT TO SUBSECTION
399- (3)(a)(III) OF THIS SECTION.
400-(II) T
401-HE COUNTY SHALL PROVIDE THE EXCLUSIVE REPRESENTATIVE
402-NOTICE AT LEAST TEN DAYS IN ADVANCE OF A NEW EMPLOYEE ORIENTATION
403-;
404-EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED WHEN THERE IS AN
405-URGENT NEED
406-, CRITICAL TO THE COUNTY'S OPERATIONS, THAT WAS NOT
407-REASONABLY FORESEEABLE
408-.
409-(III) T
410-HE COUNTY AND THE EXCLUSIVE REPRESENTATIVE SHALL
411-DETERMINE THE STRUCTURE
412-, TIME, AND MANNER OF THE EMPLOYEE
413-ORGANIZATION
414-'S ACCESS TO COUNTY EMPLOYEES THROUGH COLLECTIVE
415-BARGAINING
416-. THE COLLECTIVE BARGAINING AGREEMENT MUST PROVIDE THE
417-EXCLUSIVE REPRESENTATIVE ACCESS TO THE COUNTY
418-'S EMPLOYEE
419-ORIENTATION AND ORIENTATION MATERIALS AND INFORMATION
420-.
421-(b) T
422-HE COUNTY SHALL PAY ITS COUNTY EMPLOYEES FOR THE TIME
423-EMPLOYEES MEET WITH THE EXCLUSIVE REPRESENTATIVE PURS UANT TO THIS
424-SUBSECTION
425-(3). THE COUNTY SHALL PAY EACH COUNTY EMPLOYEE THE
426-SAME RATE OF PAY THAT THE EMPLOYEE IS PAID DURING NORMAL WORK
427-HOURS
428-.
429-PAGE 9-SENATE BILL 22-230 (4) THE COUNTY SHALL MAKE PAYROLL DEDUCTIONS FOR
430-MEMBERSHIP DUES AND OTHER PAYMENTS THAT COUNTY EMPLOYEES
431-VOLUNTARILY AUTHORIZE TO BE MADE TO THE EXCLUSIVE REPRESENTATIVE
432-AND RELATED ENTITIES
433-. THE EXCLUSIVE REPRESENTATIVE AND RELATED
434-ENTITIES SHALL BE THE ONLY ORGANIZATIONS FOR WHICH THE COUNTY
435-SHALL MAKE PAYROLL DEDUCTIONS FROM COUNTY EMPLOYEES WHO ARE IN
436-A BARGAINING UNIT REPRESENTED BY THE EXCLUSIVE REPRESENTATIVE
437-.
449+HE COUNTY SHALL MAKE PAYROLL DEDUCTIONS FOR16
450+MEMBERSHIP DUES AND OTHER PAYMENTS THAT COUNTY EMPLOYEES17
451+VOLUNTARILY AUTHORIZE TO BE MADE TO THE EXCLUSIVE18
452+REPRESENTATIVE AND RELATED ENTITIES . THE EXCLUSIVE19
453+REPRESENTATIVE AND RELATED ENTITIES SHALL BE THE ONLY20
454+ORGANIZATIONS FOR WHICH THE C OUNTY SHALL MAKE PAYROLL21
455+DEDUCTIONS FROM COUNTY EMPLOYEES WHO ARE IN A BARGAINING UNIT22
456+REPRESENTED BY THE EXCLUSIVE REPRESENTATIVE . 23
438457 (5) (a) T
439-HE COUNTY SHALL HONOR THE TERMS OF COUNTY
440-EMPLOYEES
441-' AUTHORIZATIONS FOR PAYROLL DEDUCTIONS MADE IN ANY
442-FORM THAT SATISFIES THE REQUIREMENTS OF THE
443-"UNIFORM ELECTRONIC
444-TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24, INCLUDING WITHOUT
445-LIMITATION ELECTRONIC AUTHORIZATIONS
446-, INCLUDING VOICE
447-AUTHORIZATIONS
448-, THAT MEET THE REQUIREMENTS OF AN ELECTRONIC
449-SIGNATURE AS DEFINED IN SECTION
450-24-71.3-102 (8).
458+HE COUNTY SHALL HONOR THE TERMS OF COUNTY24
459+EMPLOYEES' AUTHORIZATIONS FOR PAYROLL DEDUCTIONS MADE IN ANY25
460+FORM THAT SATISFIES THE REQUIREMENTS OF THE "UNIFORM ELECTRONIC26
461+T
462+RANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24, INCLUDING WITHOUT27
463+230
464+-12- LIMITATION ELECTRONIC AUTHORIZATIONS , INCLUDING VOICE1
465+AUTHORIZATIONS, THAT MEET THE REQUIREMENTS OF AN ELECTRONIC2
466+SIGNATURE AS DEFINED IN SECTION 24-71.3-102 (8).3
451467 (b) A
452-T THE ELECTION OF THE EXCLUSIVE REPRESENTATIVE , A
453-COUNTY EMPLOYEE
454-'S REQUEST TO CANCEL OR CHANGE AUTHORIZATIONS FOR
455-PAYROLL DEDUCTIONS MUST BE DIRECTED TO THE EXCLUSIVE
456-REPRESENTATIVE RATHER THAN TO THE C OUNTY
457-. IN SUCH CASE, THE
458-EXCLUSIVE REPRESENTATIVE IS RESPONSIBLE FOR PROCESSING THE REQUEST
459-IN ACCORDANCE WITH THE TERMS OF THE AUTHORIZATION
460-. AN
461-AUTHORIZATION FOR A PAYROLL DEDUCTION MAY NOT BE IRREVOCABLE FOR
462-A PERIOD OF MORE THAN ONE YEAR
463-.
468+T THE ELECTION OF THE EXCLUSIVE REPRESENTATIVE , A4
469+COUNTY EMPLOYEE'S REQUEST TO CANCEL OR CHANGE AUTHORIZATIONS5
470+FOR PAYROLL DEDUCTIONS MUST BE DIRECTED TO THE EXCLUSIVE6
471+REPRESENTATIVE RATHER THAN TO THE C OUNTY . IN SUCH CASE, THE7
472+EXCLUSIVE REPRESENTATIVE IS RESPONSIBLE FOR PROCESSING THE8
473+REQUEST IN ACCORDANCE WITH THE TERMS OF THE AUTHORIZATION . AN9
474+AUTHORIZATION FOR A PAYROLL DEDUCTION MAY NOT BE IRREVOCABLE10
475+FOR A PERIOD OF MORE THAN ONE YEAR .11
464476 (c) A
465-N EXCLUSIVE REPRESENTATIVE THAT CERTIFIES THAT IT HAS
466-AND WILL MAINTAIN INDIVIDUAL C OUNTY EMPLOYEE AUTHORIZATIONS IS
467-NOT REQUIRED TO PROVIDE A COPY OF AN INDIVIDUAL AUTHORIZATION TO
468-THE COUNTY UNLESS A DISPUTE ARISES ABOUT THE EXISTENCE OR TERMS OF
469-THAT AUTHORIZATION
470-. THE EXCLUSIVE REPRESENTATIVE SHALL INDEMNIFY
471-THE COUNTY FOR ANY CLAIMS MADE BY THE COUNTY EMPLOYEE FOR
472-DEDUCTIONS MADE IN RELIANCE ON INFORMATION MAINTAINED BY THE
473-EXCLUSIVE REPRESENTATIVE
474-.
477+N EXCLUSIVE REPRESENTATIVE THAT CERTIFIES THAT IT HAS12
478+AND WILL MAINTAIN INDIVIDUAL COUNTY EMPLOYEE AUTHORIZATIONS IS13
479+NOT REQUIRED TO PROVIDE A COPY OF AN INDIVIDUAL AUTHORIZATION TO14
480+THE COUNTY UNLESS A DISPUTE ARISES ABOUT THE EXISTENCE OR TERMS15
481+OF THAT AUTHORIZATION . THE EXCLUSIVE REPRESENTATIVE SHALL16
482+INDEMNIFY THE COUNTY FOR ANY CLAIMS MADE BY THE COUNTY17
483+EMPLOYEE FOR DEDUCTIONS MADE IN RELIANCE ON INFORMATION18
484+MAINTAINED BY THE EXCLUSIVE REPRESENTATIVE .19
475485 8-3.3-105. Counties - rights. (1) U
476-NLESS OTHERWISE AGREED TO
477-BY A COUNTY IN A COLLECTIVE BARGAINING AGREEMENT
478-, THIS ARTICLE 3.3
479-DOES NOT IMPAIR THE RIGHT AND RESPONSIBILITY OF EACH COUNTY TO :
486+NLESS OTHERWISE AGREED TO20
487+BY A COUNTY IN A COLLECTIVE BARGAINING AGREEMENT , THIS ARTICLE21
488+3.3
489+ DOES NOT IMPAIR THE RIGHT AND RESPONSIBILITY OF EACH COUNTY22
490+TO:23
480491 (a) D
481-ETERMINE AND CARRY OUT ANY MISSION , INITIATIVE, TASK
482-FORCE
483-, AGENDA, POLICY, OR PROGRAM OF ANY DEPARTMENT , DIVISION,
484-PAGE 10-SENATE BILL 22-230 OFFICE, OR OTHER SUBDIVISION OF THE COUNTY;
492+ETERMINE AND CARRY OUT ANY MISSION , INITIATIVE, TASK24
493+FORCE, AGENDA, POLICY, OR PROGRAM OF ANY DEPARTMENT , DIVISION,25
494+OFFICE, OR OTHER SUBDIVISION OF THE COUNTY;26
485495 (b) E
486-STABLISH AND OVERSEE A BUDGET , FINANCES, AND
487-ACCOUNTING
488-;
496+STABLISH AND OVERSEE A BUDGET , FINANCES, AND27
497+230
498+-13- ACCOUNTING;1
489499 (c) D
490-ETERMINE THE UTILIZATION OF TECHNOLOGY ;
500+ETERMINE THE UTILIZATION OF TECHNOLOGY ;2
491501 (d) N
492-EGOTIATE, PROCURE, AND ADMINISTER CONTRACTS THAT THE
493-COUNTY HAS LAWFUL AUTHORITY TO ENTER
494-;
502+EGOTIATE, PROCURE, AND ADMINISTER CONTRACTS THAT THE3
503+COUNTY HAS LAWFUL AUTHORITY TO ENTER ;4
495504 (e) M
496-AKE, AMEND, ENFORCE, OR REVOKE REASONABLE PERSONAL
497-CONDUCT RULES SUBJECT TO ITS OBLIGATION TO COLLECTIVELY BARGAIN
498-WITH AN EXCLUSIVE REPRESENTATIVE
499-; OR
500-(f) TAKE ACTIONS AS MAY BE NECESSARY TO CARRY OUT ANY
501-GOVERNMENT FUNCTION DURING AN EMERGENCY DECLARED BY A
502-COMPETENT AUTHORITY
503-.
505+AKE, AMEND, ENFORCE, OR REVOKE REASONABLE PERSONAL5
506+CONDUCT RULES SUBJECT TO ITS OBLIGATION TO COLLECTIVELY BARGAIN6
507+WITH AN EXCLUSIVE REPRESENTATIVE ; OR7
508+(f) T
509+AKE ACTIONS AS MAY BE NECESSARY TO CARRY OUT ANY8
510+GOVERNMENT FUNCTION DURING AN EMERGENCY DECLARED BY A9
511+COMPETENT AUTHORITY .10
504512 (2) N
505513 OTHING IN THIS ARTICLE 3.3 OR IN A COLLECTIVE BARGAINING
506-AGREEMENT MAY RESTRICT
507-, DUPLICATE, OR USURP ANY RESPONSIBILITY OR
508-AUTHORITY GRANTED TO THE COUNTY COMMISSIONERS OF ANY COUNTY BY
509-THE STATE CONSTITUTION
510-, A HOME RULE COUNTY CHARTER , OR ANY OTHER
511-STATE LAW
512-.
514+11
515+AGREEMENT MAY RESTRICT , DUPLICATE, OR USURP ANY RESPONSIBILITY12
516+OR AUTHORITY GRANTED TO THE COUNTY COMMISSIONERS OF ANY13
517+COUNTY BY THE STATE CONSTITUTION , A HOME RULE COUNTY CHARTER ,14
518+OR ANY OTHER STATE LAW.15
513519 (3) N
514520 OTHING IN THIS ARTICLE 3.3 PREVENTS A COUNTY FROM
515-CONVENING OR ENGAGING IN DISCUSSIONS WITH ANY COUNTY EMPLOYEE OR
516-GROUP OF COUNTY EMPLOYEES TO ACCOMPLISH THE RIGHTS AND
517-RESPONSIBILITIES DESCRIBED IN SUBSECTION
518-(1) OF THIS SECTION.
519-8-3.3-106. Director powers and duties - administration - rules -
520-enforcement - hearing officers. (1) T
521-HE DIRECTOR SHALL ENFORCE ,
522-INTERPRET, APPLY, AND ADMINISTER THE PROVISIONS OF THIS ARTICLE 3.3
523-THROUGH RULE-MAKING, HEARINGS, AND APPEALS, INCLUDING THE
524-ESTABLISHMENT OF PROCEDURES FOR
525-:
521+16
522+CONVENING OR ENGAGING IN DISCUSSIONS WITH ANY COUNTY EMPLOYEE17
523+OR GROUP OF COUNTY EMPLOYEES TO ACCOMPLISH THE RIGHTS AND18
524+RESPONSIBILITIES DESCRIBED IN SUBSECTION (1) OF THIS SECTION.19
525+8-3.3-106. Director powers and duties - administration - rules20
526+- enforcement - hearing officers. (1) T
527+HE DIRECTOR SHALL ENFORCE,21
528+INTERPRET, APPLY, AND ADMINISTER THE PROVISIONS OF THIS ARTICLE 3.322
529+THROUGH RULE-MAKING, HEARINGS, AND APPEALS, INCLUDING THE23
530+ESTABLISHMENT OF PROCEDURES FOR :24
526531 (a) D
527-ESIGNATING APPROPRIATE BARGAINING UNITS UNDER SECTION
528-8-3.3-110;
532+ESIGNATING APPROPRIATE BARGAINING UNITS UNDER25
533+SECTION 8-3.3-110;26
529534 (b) S
530-ELECTING, CERTIFYING, AND DECERTIFYING EXCLUSIVE
531-REPRESENTATIVES AS PROVIDED IN THIS ARTICLE
532-3.3; AND
533-PAGE 11-SENATE BILL 22-230 (c) FILING, HEARING, AND DETERMINING COMPLAINTS OF UNFAIR
534-LABOR PRACTICES PURSUANT TO SECTION
535-8-3.3-115.
535+ELECTING, CERTIFYING, AND DECERTIFYING EXCLUSIVE27
536+230
537+-14- REPRESENTATIVES AS PROVIDED IN THIS ARTICLE 3.3; AND1
538+(c) F
539+ILING, HEARING, AND DETERMINING COMPLAINTS OF UNFAIR2
540+LABOR PRACTICES PURSUANT TO SECTION 8-3.3-115.3
536541 (2) F
537-OR THE PURPOSES OF ADJUDICATING DISPUTES AND ENFORCING
538-THE PROVISIONS OF THIS ARTICLE
539-3.3 AND RULES ADOPTED PURSUANT TO
540-THIS ARTICLE
541-3.3, THE DIRECTOR MAY CONDUCT HEARINGS AND ADMINISTER
542-OATHS
543-, EXAMINE WITNESSES AND DOCUMENTS , TAKE TESTIMONY AND
544-RECEIVE EVIDENCE
545-, AND ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF
546-WITNESSES AND THE PRODUCTION OF RECORDS
547-.
542+OR THE PURPOSES OF ADJUDICATING DISPUTES AND4
543+ENFORCING THE PROVISIONS OF THIS ARTICLE 3.3 AND RULES ADOPTED5
544+PURSUANT TO THIS ARTICLE 3.3, THE DIRECTOR MAY CONDUCT HEARINGS6
545+AND ADMINISTER OATHS, EXAMINE WITNESSES AND DOCUMENTS , TAKE7
546+TESTIMONY AND RECEIVE EVIDENCE , AND ISSUE SUBPOENAS TO COMPEL8
547+THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF RECORDS .9
548548 (3) (a) T
549-HE DIRECTOR MAY DELEGATE THE POWERS SPECIFIED IN
550-SUBSECTION
551-(2) OF THIS SECTION TO HEARING OFFICERS. A HEARING OFFICER
552-SHALL MAKE A DECISION ON EACH RELEVANT ISSUE RAISED
553-, INCLUDING
554-FINDINGS OF FACT
555-, CONCLUSIONS OF LAW, AND AN ORDER.
549+HE DIRECTOR MAY DELEGATE THE POWERS SPECIFIED IN10
550+SUBSECTION (2) OF THIS SECTION TO HEARING OFFICERS . A HEARING11
551+OFFICER SHALL MAKE A DECISION ON EACH RELEVANT ISSUE RAISED ,12
552+INCLUDING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AN ORDER.13
556553 (b) T
557-HE DECISION AND ORDER OF A HEARING OFFICER CONSTITUTES
558-A FINAL AGENCY ACTION PURSUANT TO SECTION
559-24-4-106. THE DIRECTOR
560-SHALL PROMPTLY PROVIDE ALL PARTIES WITH A COPY OF THE HEARING
561-OFFICER
562-'S DECISION BY UNITED STATES MAIL OR BY ELECTRONIC MAIL . A
563-PARTY MAY SEEK JUDICIAL REVIEW OF THE DECISION PURSUANT TO SECTION
564-24-4-106.
554+HE DECISION AND ORDER OF A HEARING OFFICER CONSTITUTES14
555+A FINAL AGENCY ACTION PURSUANT TO SECTION 24-4-106. THE DIRECTOR15
556+SHALL PROMPTLY PROVIDE ALL PARTIES WITH A COPY OF THE HEARING16
557+OFFICER'S DECISION BY UNITED STATES MAIL OR BY ELECTRONIC MAIL. A17
558+PARTY MAY SEEK JUDICIAL REVIEW OF THE DECISION PURSUANT TO18
559+SECTION 24-4-106.19
565560 (4) T
566-HE DIRECTOR AND A HEARING OFFICER HAVE THE POWER TO
567-ENFORCE PROVISIONS OF THIS ARTICLE
568-3.3 THROUGH THE IMPOSITION OF:
561+HE DIRECTOR AND A HEARING OFFICER HAVE THE POWER TO20
562+ENFORCE PROVISIONS OF THIS ARTICLE 3.3 THROUGH THE IMPOSITION OF:21
569563 (a) A
570-PPROPRIATE ADMINISTRATIVE REMEDIES ;
564+PPROPRIATE ADMINISTRATIVE REMEDIES ;22
571565 (b) A
572-CTUAL DAMAGES RELATED TO EMPLOYEE ORGANIZATION DUES ;
566+CTUAL DAMAGES RELATED TO EMPLOYEE ORGANIZATION23
567+DUES;24
573568 (c) B
574-ACK PAY, INCLUDING BENEFITS;
569+ACK PAY, INCLUDING BENEFITS;25
575570 (d) R
576-EINSTATEMENT OF THE COUNTY EMPLOYEE WITH THE SAME
577-SENIORITY STATUS THAT THE EMPLOYEE WOULD HAVE HAD BUT FOR THE
578-VIOLATION
579-;
571+EINSTATEMENT OF THE COUNTY EMPLOYEE WITH THE SAME26
572+SENIORITY STATUS THAT THE EMPLOYEE WOULD HAVE HAD BUT FOR THE27
573+230
574+-15- VIOLATION;1
580575 (e) O
581-THER REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A COUNTY
582-EMPLOYEE OR GROUP OF COUNTY EMPLOYEES FROM UNLAWFUL C ONDUCT BY
583-A COUNTY
584-; AND
585-(f) DECLARATORY OR INJUNCTIVE RELIEF OR PROVISIONAL REMEDIES ,
586-PAGE 12-SENATE BILL 22-230 INCLUDING TEMPORARY RESTRAINING ORDERS OR PRELIMINARY
587-INJUNCTIONS
588-.
576+THER REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A2
577+COUNTY EMPLOYEE OR GROUP OF COUNTY EMPLOYEES FROM UNLAWFUL3
578+CONDUCT BY A COUNTY; AND4
579+(f) D
580+ECLARATORY OR INJUNCTIVE RELIEF OR PROVISIONAL5
581+REMEDIES, INCLUDING TEMPORARY RESTRAINING ORDERS OR PRELIMINARY6
582+INJUNCTIONS.7
589583 (5) T
590-HE DIRECTOR SHALL MAINTAIN ON THE DIVISION 'S WEBSITE:
584+HE DIRECTOR SHALL MAINTAIN ON THE DIVISION 'S WEBSITE:8
591585 (a) C
592-URRENT VERSIONS OF THIS ARTICLE 3.3 AND THE RULES
593-ADOPTED PURSUANT TO THIS ARTICLE
594-3.3;
586+URRENT VERSIONS OF THIS ARTICLE 3.3 AND THE RULES9
587+ADOPTED PURSUANT TO THIS ARTICLE 3.3;10
595588 (b) A
596-LL HEARING OFFICER DECISIONS AND ORDERS ;
589+LL HEARING OFFICER DECISIONS AND ORDERS ;11
597590 (c) A
598-LL FINAL JUDGMENTS AND WRITTEN DECISIONS OF FACT FINDERS
599-PURSUANT TO SECTION
600-8-3.3-114; AND
601-(d) ALL ADMINISTRATIVE DETERMINATIONS OF CERTIFICATION AND
602-DECERTIFICATION OF EXCLUSIVE REPRESENTATIVES
603-.
591+LL FINAL JUDGMENTS AND WRITTEN DECISIONS OF FACT12
592+FINDERS PURSUANT TO SECTION 8-3.3-114; AND13
593+(d) A
594+LL ADMINISTRATIVE DETERMINATIONS OF CERTIFICATION AND14
595+DECERTIFICATION OF EXCLUSIVE REPRESENTATIVES .15
604596 (6) T
605-HE DIRECTOR MAY ADOPT RULES AS NECESSARY TO IMPLEMENT
606-AND ADMINISTER THIS ARTICLE
607-3.3, INCLUDING RULES:
597+HE DIRECTOR MAY ADOPT RULES AS NECESSARY TO16
598+IMPLEMENT AND ADMINISTER THIS ARTICLE 3.3, INCLUDING RULES:17
608599 (a) T
609-O ESTABLISH PROCEDURES AS SPECIFIED IN SUBSECTION (1) OF
610-THIS SECTION
611-;
600+O ESTABLISH PROCEDURES AS SPECIFIED IN SUBSECTION (1) OF18
601+THIS SECTION;19
612602 (b) G
613-OVERNING HEARINGS CONDUCTED PURSUANT TO THIS ARTICLE
614-3.3;
603+OVERNING HEARINGS CONDUCTED PURS UANT TO THIS20
604+ARTICLE 3.3;21
615605 (c) R
616-EGARDING OBJECTIONS TO THE CONDUCT OF AN ELECTION
617-PURSUANT TO SECTION
618-8-3.3-109; AND
619-(d) REGARDING FACT FINDING PURSUANT TO SECTION 8-3.3-114.
606+EGARDING OBJECTIONS TO THE CONDUCT OF AN ELECTION22
607+PURSUANT TO SECTION 8-3.3-109; AND23
608+(d) R
609+EGARDING FACT FINDING PURSUANT TO SECTION 8-3.3-114.24
620610 (7) T
621-HE DIVISION SHALL PARTNER WITH THE FEDERAL MEDIATION
622-AND CONCILIATION SERVICE TO OFFER TRAINING IN INTEREST
623--BASED
624-BARGAINING UPON THE MUTUAL REQUEST OF AN EMPLOYEE ORGANIZATION
625-AND A COUNTY
626-.
611+HE DIVISION SHALL PARTNER WITH THE FEDERAL MEDIATION25
612+AND CONCILIATION SERVICE TO OFFER TRAINING IN INTEREST -BASED26
613+BARGAINING UPON THE MUTUAL REQUEST OF AN EMPLOYEE27
614+230
615+-16- ORGANIZATION AND A COUNTY .1
627616 8-3.3-107. Judicial enforcement. T
628-HE DIRECTOR OR ANY PARTY OF
629-INTEREST MAY REQUEST THE APPROPRIATE DISTRICT COURT TO ENFORCE
630-ORDERS ISSUED PURSUANT TO THIS ARTICLE
631-3.3, INCLUDING THOSE FOR
632-APPROPRIATE TEMPORARY RELIEF AND RESTRAINING ORDERS
633-. THE COURT
634-SHALL CONSIDER THE REQUEST FOR ENFORCEMENT BASED ON THE RECORD
635-PAGE 13-SENATE BILL 22-230 MADE BEFORE THE DIRECTOR OR HEARING OFFICER . THE COURT SHALL
636-UPHOLD THE ACTION OF THE DIRECTOR OR HEARING OFFICER AND TAKE
637-APPROPRIATE ACTION TO ENFORCE THE ACTION
638-, UNLESS THE COURT
639-CONCLUDES THAT THE ORDER IS UNLAWFUL PURSUANT TO SECTION
640-24-4-106
641-(7)(b).
642-8-3.3-108. Certification of the employee organization as the
617+HE DIRECTOR OR ANY PARTY2
618+OF INTEREST MAY REQUEST THE APPROPRIATE DISTRICT COURT TO3
619+ENFORCE ORDERS ISSUED PURSUANT TO THIS ARTICLE 3.3, INCLUDING4
620+THOSE FOR APPROPRIATE TEMPORARY RELIEF AND RESTRAINING ORDERS .5
621+T
622+HE COURT SHALL CONSIDER THE REQUEST FOR ENFORCEMENT BASED ON6
623+THE RECORD MADE BEFORE THE DIRECTOR OR HEARING OFFICER . THE7
624+COURT SHALL UPHOLD THE ACTION OF THE DIRECTOR OR HEARING OFFICER8
625+AND TAKE APPROPRIATE ACTION TO ENFORCE THE ACTION , UNLESS THE9
626+COURT CONCLUDES THAT THE ORDER IS UNLAWFUL PURSUANT TO SECTION10
627+24-4-106 (7)(b).11
628+8-3.3-108. Certification of the employee organization as the12
643629 exclusive representative - rules. (1) (a) O
644-N AND AFTER JULY 1, 2023, THE
645-DIRECTOR SHALL CERTIFY AND A COUNTY SHALL RECOGNIZE AN EMPLOYEE
646-ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT
647-UPON A SECRET BALLOT ELECTION IN WHICH THE EMPLOYEE ORGANIZATION
648-RECEIVES MORE THAN FIFTY PERCENT OF THE VALID BALLOTS CAST
649-. AN
650-ELECTION SHALL TAKE PLACE WHEN
651-, IN ACCORDANCE WITH RULES
652-PROMULGATED BY THE DIRECTOR
653-, A PETITION IS FILED BY AN EMPLOYEE
654-ORGANIZATION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY
655-PERCENT OF THE COUNTY EMPLOYEES IN A BARGAINING UNIT
656-.
630+N AND AFTER JULY 1,
631+ 2023,13
632+THE DIRECTOR SHALL CERTIFY AND A COUNTY SHALL RECOGNIZE AN14
633+EMPLOYEE ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF A 15
634+BARGAINING UNIT UPON A SECRET BALLOT ELECTION IN WHICH THE16
635+EMPLOYEE ORGANIZATION RECEIVES MORE THAN FIFTY PERCENT OF THE17
636+VALID BALLOTS CAST. AN ELECTION SHALL TAKE PLACE WHEN , IN18
637+ACCORDANCE WITH RULES PROMULGATED BY THE DIRECTOR , A PETITION19
638+IS FILED BY AN EMPLOYEE ORGANIZATION CONTAINING A SHOWING OF20
639+INTEREST OF AT LEAST THIRTY PERCENT OF THE COUNTY EMPLOYEES IN A21
640+BARGAINING UNIT.22
657641 (b) T
658-HE SUFFICIENCY OF THE SHOWING OF INTEREST IN A
659-REPRESENTATION ELECTION FOR EXCLUSIVE REPRESENTATION IS AN
660-ADMINISTRATIVE DETERMINATION MADE BY THE DIRECTOR OR THE
661-DIRECTOR
662-'S DESIGNEE AND IS NOT SUBJECT TO CHALLENGE BY ANY PERSON .
663-T
664-HE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF ANY COUNTY
665-EMPLOYEE WHO HAS PARTICIPATED IN THE SHOWING OF INTEREST TO ANY
666-PERSON
667-.
642+HE SUFFICIENCY OF THE SHOWING OF INTEREST IN A23
643+REPRESENTATION ELECTION
644+ FOR EXCLUSIVE REPRESENTATION IS AN24
645+ADMINISTRATIVE DETERMINATION MADE BY THE DIRECTOR OR THE25
646+DIRECTOR'S DESIGNEE AND IS NOT SUBJECT TO CHALLENGE BY ANY26
647+PERSON. THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF ANY27
648+230
649+-17- COUNTY EMPLOYEE WHO HAS PARTICIPATED IN THE SHOWING OF INTEREST1
650+ TO ANY PERSON.2
668651 (2) (a) T
669-HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION
670-CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF
671-, ON OR BEFORE JANUARY
672-1, 2022, A COUNTY RECOGNIZED THE EMPLOYEE ORGANIZATION AS THE
673-EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT
674-. THE EMPLOYEE
675-ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR
676-THE BARGAINING UNIT UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION IS
677-DECERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH
678-THIS ARTICLE
679-3.3.
652+HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION3
653+CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF , ON OR BEFORE4
654+J
655+ANUARY 1, 2022, A COUNTY RECOGNIZED THE EMPLOYEE ORGANIZATION5
656+AS THE EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT . THE6
657+EMPLOYEE ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE7
658+REPRESENTATIVE FOR THE BARGAINING UNIT UNTIL OR UNLESS THE8
659+EMPLOYEE ORGANIZATION IS DECERTIFIED AS THE EXCLUSIVE9
660+REPRESENTATIVE IN ACCORDANCE WITH THIS ARTICLE 3.3.10
680661 (b) T
681-HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION
682-CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF A COUNTY
683-, AFTER
684-JANUARY 1, 2022, AND BEFORE JULY 1, 2023, RECOGNIZED THE EMPLOYEE
685-ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE AND THE RECOGNITION
686-WAS BASED ON A DEMONSTRATION OF MAJORITY SUPPORT BY THE EMPLOYEE
687-ORGANIZATION OR THE EMPLOYEE ORGANIZATION WAS SELECTED IN A
688-PAGE 14-SENATE BILL 22-230 SECRET BALLOT ELECTION BY A MAJORITY OF BARGAINING UNIT COUNTY
689-EMPLOYEES VOTING IN THE ELECTION
690-. THE EMPLOYEE ORGANIZATION MUST
691-BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF THE BARGAINING UNIT
692-UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION IS DECERTIFIED AS THE
693-EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH THIS ARTICLE
694-3.3.
662+HE DIRECTOR SHALL DEEM AN EMPLOYEE ORGANIZATION11
663+CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IF A COUNTY , AFTER12
664+J
665+ANUARY 1, 2022, AND BEFORE JULY 1, 2023,
666+ RECOGNIZED THE EMPLOYEE13
667+ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE AND THE14
668+RECOGNITION WAS BASED ON A DEMONSTRATION OF MAJORITY SUPPORT15
669+BY THE EMPLOYEE ORGANIZATION OR THE EMPLOYEE ORGANIZATION WAS16
670+SELECTED IN A SECRET BALLOT ELECTION BY A MAJORITY OF BARGAINING17
671+UNIT COUNTY EMPLOYEES VOTING IN THE ELECTION . THE EMPLOYEE18
672+ORGANIZATION MUST BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE19
673+OF THE BARGAINING UNIT UNTIL OR UNLESS THE EMPLOYEE ORGANIZATION20
674+IS DECERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN ACCORDANCE WITH21
675+THIS ARTICLE 3.3.22
695676 (c) N
696-O COUNTY EMPLOYEE POSITIONS IN A DEEMED CERTIFIED
697-BARGAINING UNIT MAY BE EXCLUDED FROM THE BARGAINING UNIT
698-, EXCEPT
699-BY AGREEMENT OF THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY
700-.
701-8-3.3-109. Process for employee organization certification -
702-intervening employee organizations - secret ballot elections - rules.
703-(1) U
704-PON THE FILING OF A PETITION BY AN EMPLOYEE ORGANIZATION
705-SEEKING EXCLUSIVE RECOGNITION
706-, THE DIRECTOR SHALL REQUIRE THE
707-COUNTY TO DISTRIBUTE NOTICE TO ALL COUNTY EMPLOYEES IN THE
708-APPLICABLE BARGAINING UNIT THAT MUST IDENTIFY THE PETITIONER
709-, THE
710-BARGAINING UNIT SOUGHT BY THE PETITIONER
711-, THE ELECTION PROCESS, AND
712-AN ADVISEMENT OF COUNTY EMPLOYEE RIGHTS UNDER SECTION
677+O COUNTY EMPLOYEE POSITIONS IN A DEEMED CERTIFIED23
678+BARGAINING UNIT MAY BE EXCLUDED FROM THE BARGAINING UNIT ,24
679+EXCEPT BY AGREEMENT OF THE EXCLUSIVE REPRESENTATIVE AND THE25
680+COUNTY.26
681+8-3.3-109. Process for employee organization certification -27
682+230
683+-18- intervening employee organizations - secret ballot elections - rules. (1)1
684+ UPON THE FILING OF A PETITION BY AN EMPLOYEE ORGANIZATION2
685+SEEKING EXCLUSIVE RECOGNITION , THE DIRECTOR SHALL REQUIRE THE3
686+COUNTY TO DISTRIBUTE NOTICE TO ALL COUNTY EMPLOYEES IN THE4
687+APPLICABLE BARGAINING UNIT THAT MUST IDENTIFY THE PETITIONER , THE5
688+BARGAINING UNIT SOUGHT BY THE PETITIONER , THE ELECTION PROCESS,6
689+AND AN ADVISEMENT OF C OUNTY EMPLOYEE RIGHTS UNDER SECTION7
713690 8-3.3-103
714-(1),
715- (2), AND (3).
691+ (1), (2), AND (3).8
692+
693+ 9
716694 (2) W
717-ITHIN TEN DAYS AFTER THE DATE THE NOTICE REQUIRED IN
718-SUBSECTION
719-(1) OF THIS SECTION IS FIRST DISTRIBUTED, OTHER EMPLOYEE
720-ORGANIZATIONS MAY SEEK TO INTERVENE IN THE CERTIFICATION PROCESS
721-.
695+ITHIN TEN DAYS AFTER THE DATE THE NOTICE REQUIRED IN10
696+SUBSECTION (1) OF THIS SECTION IS FIRST DISTRIBUTED, OTHER EMPLOYEE11
697+ORGANIZATIONS MAY SEEK TO INTERVENE IN THE CERTIFICATION PROCESS .12
722698 A
723-N INTERVENER ORGANIZATION SHALL FILE A PETITION WITH THE DIRECTOR
724-CONTAINING THE SIGNATURES OF NOT LESS THAN THIRTY PERCENT OF THE
725-COUNTY EMPLOYEES IN THE BARGAINING UNIT CLAIMED TO BE APPROPRIATE
726-BY THE INTERVENER
727-.
699+N INTERVENER ORGANIZATION SHALL FILE A PETITION WITH THE13
700+DIRECTOR CONTAINING THE SIGNATURES OF NOT LESS THAN THIRTY14
701+PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT CLAIMED15
702+TO BE APPROPRIATE BY THE INTERVENER .16
728703 (3) I
729-F THERE IS A DISPUTE REGARDING THE POSITIONS TO BE
730-INCLUDED IN THE APPROPRIATE BARGAINING UNIT
731-, THE DIRECTOR SHALL
732-PROMPTLY ORDER A HEARING CONDUCTED IN ACCORDANCE WITH THE RULES
733-ADOPTED PURSUANT TO THIS ARTICLE
734-3.3. UPON DETERMINATION OF THE
735-COMPOSITION OF THE APPROPRIATE BARGAINING UNIT
736-, WHETHER BY
737-CONSENT OF THE PARTIES OR UPON A DECISION BY THE DIRECTOR OR THE
738-DIRECTOR
739-'S DESIGNEE, THE DIRECTOR SHALL DETERMINE THE SUFFICIENCY
740-OF THE SHOWING OF INTEREST OF EACH PETITIONER
741-. IF A PETITIONER LACKS
742-A SUFFICIENT SHOWING OF INTEREST
743-, THE DIRECTOR SHALL PROVIDE THAT
744-PETITIONER WITH A TEN
745--DAY OPPORTUNITY TO DEMONSTRATE A SUFFICIENT
746-SHOWING OF INTEREST IN THE BARGAINING UNIT THAT WAS DEEMED
747-APPROPRIATE
748-.
749-PAGE 15-SENATE BILL 22-230 (4) WITHIN TEN DAYS AFTER THE DIRECTOR'S DETERMINATION THAT
750-A SUFFICIENT SHOWING OF INTEREST HAS BEEN PROVIDED PURSUANT TO
751-SUBSECTION
752-(3) OF THIS SECTION, THE DIRECTOR SHALL:
704+F THERE IS A DISPUTE REGARDING THE POSITIONS TO BE17
705+INCLUDED IN THE APPROPRIATE BARGAINING UNIT , THE DIRECTOR SHALL18
706+PROMPTLY ORDER A HEARING CONDUCTED IN ACCORDANCE WITH THE19
707+RULES ADOPTED PURSUANT TO THIS ARTICLE 3.3. UPON DETERMINATION20
708+OF THE COMPOSITION OF THE APPROPRIATE BARGAINING UNIT , WHETHER21
709+BY CONSENT OF THE PARTIES OR UPON A DECISION BY THE DIRECTOR OR22
710+THE DIRECTOR'S DESIGNEE, THE DIRECTOR SHALL DETERMINE THE23
711+SUFFICIENCY OF THE SHOWING OF INTEREST OF EACH PETITIONER . IF A24
712+PETITIONER LACKS A SUFFICIENT SHOWING OF INTEREST , THE DIRECTOR25
713+SHALL PROVIDE THAT PETITIONER WITH A TEN -DAY OPPORTUNITY TO26
714+DEMONSTRATE A SUFFICIENT SHOWING OF INTEREST IN THE BARGAINING27
715+230
716+-19- UNIT THAT WAS DEEMED APPROPRIATE .1
717+(4) W
718+ITHIN TEN DAYS AFTER THE DIRECTOR 'S DETERMINATION2
719+THAT A SUFFICIENT SHOWING OF INTEREST HAS BEEN PROVIDED PURSUANT3
720+TO SUBSECTION (3) OF THIS SECTION, THE DIRECTOR SHALL:4
753721 (a) O
754-RDER THE COUNTY TO PROVIDE TO THE PETITIONING EMPLOYEE
755-ORGANIZATION OR ORGANIZATIONS THE NAMES
756-, JOB TITLES, WORK
757-LOCATIONS
758-, HOME ADDRESSES, PERSONAL E-MAIL ADDRESSES, AND HOME OR
759-CELLULAR TELEPHONE NUMBERS OF ANY COUNTY EMPLOYEE IN THE
760-APPROPRIATE BARGAINING UNIT UNLESS DIRECTED BY THE COUNTY
761-EMPLOYEE NOT TO PROVIDE SOME OR ALL OF THE INFORMATION
762-;
722+RDER THE COUNTY TO PROVIDE TO THE PETITIONING5
723+EMPLOYEE ORGANIZATION OR ORGANIZATIONS THE NAMES , JOB TITLES,6
724+WORK LOCATIONS, HOME ADDRESSES, PERSONAL E-MAIL ADDRESSES, AND7
725+HOME OR CELLULAR TELEPHONE NUMBERS OF ANY COUNTY EMPLOYEE IN8
726+THE APPROPRIATE BARGAINING UNIT UNLESS DIRECTED BY THE COUNTY9
727+EMPLOYEE NOT TO PROVIDE SOME OR ALL OF THE INFORMATION ; 10
763728 (b) E
764-STABLISH BY CONSENT OR ORDER THE PROCEDURES FOR A
765-SECRET BALLOT ELECTION
766-; AND
767-(c) ORDER THE COUNTY TO DISTRIBUTE A NOTICE PREPARED BY THE
768-DIRECTOR THAT DESCRIBES THE PROCEDURES OF THE SECRET BALLOT
769-ELECTION TO ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING
770-UNIT
771-.
729+STABLISH BY CONSENT OR ORDER THE PROCEDURES FOR A11
730+SECRET BALLOT ELECTION; AND12
731+(c) O
732+RDER THE COUNTY TO DISTRIBUTE A NOTICE PREPARED BY13
733+THE DIRECTOR THAT DESCRIBES THE PROCEDURES OF THE SECRET BALLOT14
734+ELECTION TO ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING15
735+UNIT.16
772736 (5) T
773-HE BALLOT FOR THE SECRET BALLOT ELECTION MUST CONTAIN :
737+HE BALLOT FOR THE SECRET BALLOT ELECTION MUST17
738+CONTAIN:18
774739 (a) T
775-HE NAME OF ANY EMPLOYEE ORGANIZATION SUBMITTING A
776-PETITION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY
777-PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING
778-UNIT
779-; AND
780-(b) A CHOICE OF "NO REPRESENTATION" FOR COUNTY EMPLOYEES TO
781-INDICATE THEY DO NOT DESIRE TO BE REPRESENTED BY AN EMPLOYEE
782-ORGANIZATION
783-.
740+HE NAME OF ANY EMPLOYEE ORGANIZATION SUBMITTING A19
741+PETITION CONTAINING A SHOWING OF INTEREST OF AT LEAST THIRTY20
742+PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING21
743+UNIT; AND22
744+(b) A
745+ CHOICE OF "NO REPRESENTATION" FOR COUNTY EMPLOYEES23
746+TO INDICATE THEY DO NOT DESIRE TO BE REPRESENTED BY AN EMPLOYEE24
747+ORGANIZATION.25
784748 (6) (a) I
785-F AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF
786-BALLOTS CAST IN A SECRET BALLOT ELECTION
787-, THE DIRECTOR SHALL
788-CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE
789-OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT SUBJECT
790-TO ANY VALID OBJECTIONS TO THE C ONDUCT OF THE ELECTION FILED IN
791-ACCORDANCE WITH THIS ARTICLE
792-3.3 AND THE RULES OF THE DIRECTOR.
749+F AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF26
750+BALLOTS CAST IN A SECRET BALLOT ELECTION , THE DIRECTOR SHALL27
751+230
752+-20- CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE1
753+REPRESENTATIVE OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE2
754+BARGAINING UNIT SUBJECT TO ANY VALID OBJECTIONS TO THE CONDUCT3
755+OF THE ELECTION FILED IN ACCORDANCE WITH THIS ARTICLE 3.3 AND THE4
756+RULES OF THE DIRECTOR.5
793757 (b) W
794-ITHIN TWENTY-EIGHT DAYS AFTER A SECRET BALLOT ELECTION
795-IN WHICH NO EMPLOYEE ORGANIZATION RECEIVES A MAJORITY OF THE
796-BALLOTS CAST
797-, THE DIRECTOR SHALL CONDUCT A R UNOFF ELECTION
798-PAGE 16-SENATE BILL 22-230 BETWEEN THE TWO EMPLOYEE ORGANIZATIONS RECEIVING THE LARGEST
799-NUMBER OF BALLOTS CAST
800-. THE DIRECTOR SHALL CERTIFY THE RESULTS OF
801-THE ELECTION
802-, AND, IF AN EMPLOYEE ORGANIZATION RECEIVES A MAJORITY
803-OF THE BALLOTS CAST
804-, THE DIRECTOR SHALL CERTIFY THE EMPLOYEE
805-ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF ALL COUNTY
806-EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT
807-, SUBJECT TO ANY VALID
808-OBJECTIONS TO THE CONDUCT OF THE ELECTION FILED IN ACCOR DANCE WITH
809-THIS ARTICLE
810-3.3 AND THE RULES OF THE DIRECTOR.
758+ITHIN TWENTY-EIGHT DAYS AFTER A SECRET BALLOT6
759+ELECTION IN WHICH NO EMPLOYEE ORGANIZATION RECEIVES A MAJORITY7
760+OF THE BALLOTS CAST , THE DIRECTOR SHALL CONDUCT A RUNOFF8
761+ELECTION BETWEEN THE TWO EMPLOYEE ORGANIZATIONS RECEIVING THE9
762+LARGEST NUMBER OF BALLOTS CAST . THE DIRECTOR SHALL CERTIFY THE10
763+RESULTS OF THE ELECTION , AND, IF AN EMPLOYEE ORGANIZATION11
764+RECEIVES A MAJORITY OF THE BALLOTS CAST , THE DIRECTOR SHALL12
765+CERTIFY THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE13
766+REPRESENTATIVE OF ALL COUNTY EMPLOYEES IN THE APPROPRIATE14
767+BARGAINING UNIT, SUBJECT TO ANY VALID OBJECTIONS TO THE CONDUCT15
768+OF THE ELECTION FILED IN ACCORDANCE WITH THIS ARTICLE 3.3 AND THE16
769+RULES OF THE DIRECTOR.17
811770 (7) W
812-ITHIN SEVEN DAYS AFTER CERTIFICATION OF THE RESULTS OF
813-A SECRET BALLOT ELECTION
814-, ANY PARTY MAY FILE OBJECTIONS TO THE
815-CONDUCT OF THE ELECTION OR TO CONDUCT AFFECTING THE RESULTS OF THE
816-ELECTION IN ACCORDANCE WITH RULES PROMULGATED BY THE DIRECTOR
817-.
818-T
819-HE OBJECTIONS MUST CONTAIN A SHORT STATEMENT OF THE REASONS FOR
820-THE OBJECTIONS AND BE ACCOMPANIED BY A WRITTEN OFFER OF PROOF
821-IDENTIFYING EACH WITNESS THE PARTY WOULD CALL TO TESTIFY
822-CONCERNING THE ISSUE AND A SUMMARY OF THE WITNESS
823-'S TESTIMONY.
824-U
825-PON A SHOWING OF GOOD CAUSE , THE DIRECTOR MAY EXTEND THE TIME
826-FOR FILING THE OFFER OF PROOF
827-. THE PARTY FILING THE OBJECTIONS SHALL
828-SERVE A COPY OF THE OBJECTIONS
829-, BUT NOT THE WRITTEN OFFER OF PROOF,
830-ON EACH OF THE OTHER PARTIES TO THE CASE . IF THE DIRECTOR OR A
831-DESIGNATED HEARING OFFICER FINDS THAT MISCONDUCT AFFECTED THE
832-OUTCOME OF THE ELECTION
833-, THE DIRECTOR SHALL INVALIDATE THE
834-ELECTION AND ORDER A SUBSEQUENT ELECTION FOR THE COUNTY
835-EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT WITHIN TWENTY
836--EIGHT
837-DAYS AFTER THE FINDING
838-.
771+ITHIN SEVEN DAYS AFTER CERTIFICATION OF THE RESULTS OF18
772+A SECRET BALLOT ELECTION, ANY PARTY MAY FILE OBJECTIONS TO THE19
773+CONDUCT OF THE ELECTION OR TO CONDUCT AFFECTING THE RESULTS OF20
774+THE ELECTION IN ACCORDANCE WITH RULES PROMULGATED BY THE21
775+DIRECTOR. THE OBJECTIONS MUST CONTAIN A SHORT STATEMENT OF THE22
776+REASONS FOR THE OBJECTIONS AND BE ACCOMPANIED BY A WRITTEN23
777+OFFER OF PROOF IDENTIFYING EACH WITNESS THE PARTY WOULD CALL TO24
778+TESTIFY CONCERNING THE ISSUE AND A SUMMARY OF THE WITNESS 'S25
779+TESTIMONY. UPON A SHOWING OF GOOD CAUSE , THE DIRECTOR MAY26
780+EXTEND THE TIME FOR FILING THE OFFER OF PROOF. THE PARTY FILING THE27
781+230
782+-21- OBJECTIONS SHALL SERVE A COPY OF THE OBJECTIONS , BUT NOT THE1
783+WRITTEN OFFER OF PROOF, ON EACH OF THE OTHER PARTIES TO THE CASE.2
784+I
785+F THE DIRECTOR OR A DESIGNATED HEARING OFFICER FINDS THAT3
786+MISCONDUCT AFFECTED THE OUTCOME OF THE ELECTION , THE DIRECTOR4
787+SHALL INVALIDATE THE ELECTION AND ORDER A SUBSEQUENT ELECTION5
788+FOR THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT6
789+WITHIN TWENTY-EIGHT DAYS AFTER THE FINDING.7
839790 8-3.3-110. Determination of appropriate bargaining unit.
791+8
840792 (1) T
841793 HE DIRECTOR SHALL, UPON RECEIPT OF A PETITION FOR A
842-REPRESENTATION ELECTION
843-, DESIGNATE THE APPROPRIATE BARGAINING
844-UNIT FOR COLLECTIVE BARGAINING IN ACCORDANCE WITH THIS SECTION
845-. THE
846-DESIGNATION MUST BE DETERMINED BY
847-:
794+9
795+REPRESENTATION ELECTION, DESIGNATE THE APPROPRIATE BARGAINING10
796+UNIT FOR COLLECTIVE BARGAINING IN ACCORDANCE WITH THIS SECTION .11
797+T
798+HE DESIGNATION MUST BE DETERMINED BY :
799+12
848800 (a) C
849801 ONSENT OF THE PARTIES; OR
850-(b) IF THERE IS NOT AGREEMENT BETWEEN THE PARTIES , AN
851-ADMINISTRATIVE DETERMINATION OF THE DIRECTOR
852-.
802+13
803+(b) I
804+F THERE IS NOT AGREEMENT BETWEEN THE PARTIES , AN
805+14
806+ADMINISTRATIVE DETERMINATION OF THE DIRECTOR .15
853807 (2) I
854-N DETERMINING THE APPROPRIATENESS OF A BARGAINING UNIT ,
855-THE DIRECTOR SHALL CONSIDER:
856-PAGE 17-SENATE BILL 22-230 (a) THE DESIRES OF THE PUBLIC EMPLOYEES;
808+N DETERMINING THE APPROPRIATENESS OF A BARGAINING
809+16
810+UNIT, THE DIRECTOR SHALL CONSIDER:17
811+(a) T
812+HE DESIRES OF THE PUBLIC EMPLOYEES;
813+18
857814 (b) T
858815 HE SIMILARITY OF DUTIES, SKILLS, AND WORKING CONDITIONS
859-OF THE PUBLIC EMPLOYEES INVOLVED
860-;
816+19
817+OF THE PUBLIC EMPLOYEES INVOLVED ;20
861818 (c) T
862819 HE WAGES, HOURS, AND OTHER WORKING CONDITIONS OF THE
863-PUBLIC EMPLOYEES
864-;
820+21
821+PUBLIC EMPLOYEES;22
865822 (d) T
866823 HE ADMINISTRATIVE STRUCTURE AND SIZE OF THE PUBLIC
867-EMPLOYER
868-;
824+23
825+EMPLOYER;24
869826 (e) T
870827 HE HISTORY OF COLLECTIVE BARGAINING WITH THAT PUBLIC
871-EMPLOYER
872-, IF ANY, AND WITH SIMILAR PUBLIC EMPLOYERS ; AND
873-(f) OTHER FACTORS THAT ARE NORMALLY OR TRADITIONALLY TAKEN
874-INTO CONSIDERATION IN DETERMINING THE APPROPRIATENESS OF
875-BARGAINING UNITS IN THE PUBLIC SECTOR
876-.
877-8-3.3-111. Decertification of exclusive representative - rules.
828+25
829+EMPLOYER, IF ANY, AND WITH SIMILAR PUBLIC EMPLOYERS ; AND26
830+(f) O
831+THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY
832+27
833+230
834+-22- TAKEN INTO CONSIDERATION IN DETERMINING THE APPROPRIATENESS OF1
835+BARGAINING UNITS IN THE PUBLIC SECTOR.2
836+8-3.3-111. Decertification of exclusive representative - rules.3
878837 (1) A
879- COUNTY EMPLOYEE IN A BARGAINING UNIT OR AN EMPLOYEE
880-ORGANIZATION MAY INITIATE DECERTIFICATION OF THE EMPLOYEE
881-ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE UPON SUBMISSION TO
882-THE DIRECTOR OF A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY
883-PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING
884-UNIT REQUEST DECERTIFICATION OF THE EXISTING EXCLUSIVE
885-REPRESENTATIVE OR A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY
886-PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT AUTHORIZE
887-AN EMPLOYEE ORGANIZATION OTHER THAN THE EXCLUSIVE REPRESENTATIVE
888-TO REPRESENT THEM FOR PURPOSES OF COLLECTIVE BARGAINING
889-.
890-D
891-ECERTIFICATION ELECTIONS MUST BE HELD IN A MANNER SIMILAR TO
892-CERTIFICATION ELECTIONS
893-, AS SPECIFIED IN RULES PROMULGATED BY THE
894-DIRECTOR
895-, SO LONG AS AN INCUMBENT EXCLUSIVE REPRESENTATIVE
896-EMPLOYEE ORGANIZATION IS NOT REQUIRED TO FILE A SHOWING OF INTEREST
897-TO BE PLACED ON THE BALLOT
898-.
838+ COUNTY EMPLOYEE IN A BARGAINING UNIT OR AN EMPLOYEE4
839+ORGANIZATION MAY INITIATE DECERTIFICATION OF THE EMPLOYEE5
840+ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE UPON SUBMISSION TO6
841+THE DIRECTOR OF A SHOWING OF INTEREST DEMONSTRATING THAT THIRTY7
842+PERCENT OF THE COUNTY EMPLOYEES IN THE APPROPRIATE BARGAINING8
843+UNIT REQUEST DECERTIFICATION OF THE EXISTING EXCLUSIVE9
844+REPRESENTATIVE OR A SHOWING OF INTEREST DEMONSTRATING THAT10
845+THIRTY PERCENT OF THE COUNTY EMPLOYEES IN THE BARGAINING UNIT11
846+AUTHORIZE AN EMPLOYEE ORGANIZATION OTHER THAN THE EXCLUSIVE12
847+REPRESENTATIVE TO REPRESENT THEM FOR PURPOSES OF COLLECTIVE13
848+BARGAINING. DECERTIFICATION ELECTIONS MUST BE HELD IN A MANNER14
849+SIMILAR TO CERTIFICATION ELECTIONS , AS SPECIFIED IN RULES15
850+PROMULGATED BY THE DIRECTOR , SO LONG AS AN INCUMBENT EXCLUSIVE16
851+REPRESENTATIVE EMPLOYEE ORGANIZATION IS NOT REQUIRED TO FILE A17
852+SHOWING OF INTEREST TO BE PLACED ON THE BALLOT .18
899853 (2) I
900-F THERE IS A COLLECTIVE BARGAINING AGREEMENT IN EFFECT ,
901-A PETITION FOR A DECERTIFICATION ELECTION MAY BE MADE TO THE
902-DIRECTOR NO EARLIER THAN NINETY DAYS AND NO LATER THAN SIXTY DAYS
903-PRIOR TO THE EXPIRATION OF THE COLLECTIVE BARGAINING AGREEMENT
904-;
905-EXCEPT THAT A REQUEST FOR AN ELECTION MAY BE FILED AT ANY TIME
906-PAGE 18-SENATE BILL 22-230 AFTER THE EXPIRATION OF THE THIRD YEAR OF A COLLECTIVE BARGAINING
907-AGREEMENT THAT HAS A TERM OF MORE THAN THREE YEARS
908-.
854+F THERE IS A COLLECTIVE BARGAINING AGREEMENT IN EFFECT ,19
855+A PETITION FOR A DECERTIFICATION ELECTION MAY BE MADE TO THE20
856+DIRECTOR NO EARLIER THAN NINETY DAYS AND NO LATER THAN SIXTY21
857+DAYS PRIOR TO THE EXPIRATION OF THE COLLECTIVE BARGAINING22
858+AGREEMENT; EXCEPT THAT A REQUEST FOR AN ELECTION MAY BE FILED AT23
859+ANY TIME AFTER THE EXPIRATION OF THE THIRD YEAR OF A COLLECTIVE24
860+BARGAINING AGREEMENT THAT HAS A TERM OF MORE THAN THREE YEARS .25
909861 (3) I
910-F AN EXCLUSIVE REPRESENTATIVE HAS BEEN CERTIFIED BUT NO
911-COLLECTIVE BARGAINING AGREEMENT IS IN EFFECT
912-, THE DIRECTOR SHALL
913-NOT ACT ON A REQUEST FOR A DECERTIFICATION ELECTION EARLIER THAN
914-TWELVE MONTHS AFTER THE CERTIFICATION OF AN EMPLOYEE
915-ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE
916-.
862+F AN EXCLUSIVE REPRESENTATIVE HAS BEEN CERTIFIED BUT NO26
863+COLLECTIVE BARGAINING AGREEMENT IS IN EFFECT , THE DIRECTOR SHALL27
864+230
865+-23- NOT ACT ON A REQUEST FOR A DECERTIFICATION ELECTION EARLIER THAN1
866+TWELVE MONTHS AFTER THE CERTIFICATION OF AN EMPLOYEE2
867+ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE .3
917868 8-3.3-112. Obligation to negotiate in good faith. (1) T
918-HE COUNTY
919-AND THE EXCLUSIVE REPRESENTATIVE OR ITS REPRESENTATIVE HAVE THE
920-AUTHORITY AND THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD
921-FAITH
922-. THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH DOES
923-NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL OR MAKE A
924-CONCESSION
925-.
869+HE4
870+COUNTY AND THE EXCLUSIVE REPRESENTATIVE OR ITS REPRESENTATIVE5
871+HAVE THE AUTHORITY AND THE OBLIGATION TO COLLECTIVELY BARGAIN6
872+IN GOOD FAITH. THE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD7
873+FAITH DOES NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL OR8
874+MAKE A CONCESSION.9
926875 (2) T
927-HE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH :
876+HE OBLIGATION TO COLLECTIVELY BARGAIN IN GOOD FAITH :10
928877 (a) R
929-EQUIRES A COUNTY, UPON REQUEST OF THE EXCLUSIVE
930-REPRESENTATIVE
931-, TO PROVIDE INFORMATION THAT MAY BE RELEVANT TO
932-THE TERMS AND CONDITIONS OF EMPLOYMENT OR THE INTERPRETATION OF
933-THE COLLECTIVE BARGAINING AGREEMENT
934-;
878+EQUIRES A COUNTY, UPON REQUEST OF THE EXCLUSIVE11
879+REPRESENTATIVE, TO PROVIDE INFORMATION THAT MAY BE RELEVANT TO12
880+THE TERMS AND CONDITIONS OF EMPLOYMENT OR THE INTERPRETATION OF13
881+THE COLLECTIVE BARGAINING AGREEMENT ;14
935882 (b) I
936-NCLUDES A COUNTY 'S DUTY TO FURNISH DATA TO THE
937-EXCLUSIVE REPRESENTATIVE THAT
938-:
883+NCLUDES A COUNTY 'S DUTY TO FURNISH DATA TO THE15
884+EXCLUSIVE REPRESENTATIVE THAT :16
939885 (I) I
940-S NORMALLY MAINTAINED BY THE COUNTY IN THE REGULAR
941-COURSE OF BUSINESS
942-; AND
943-(II) IS REASONABLY AVAILABLE AND NECESSARY FOR FULL AND
944-PROPER DISCUSSION
945-, UNDERSTANDING, AND NEGOTIATION OF SUBJECTS
946-WITHIN THE SCOPE OF COLLECTIVE BARGAINING OR SUBJECT TO A GRIEVANCE
947-UNDER A COLLECTIVE BARGAINING AGREEMENT
948-; AND
949-(c) DOES NOT INCLUDE AN OBLIGATION TO FURNISH INFORMATION
950-THAT CONSTITUTES GUIDANCE
951-, ADVICE, COUNSEL, OR TRAINING PROVIDED
952-FOR MANAGERIAL EMPLOYEES OR EXECUTIVE EMPLOYEES RELATING TO
953-COLLECTIVE BARGAINING
954-.
886+S NORMALLY MAINTAINED BY THE COUNTY IN THE REGULAR17
887+COURSE OF BUSINESS; AND18
888+(II) I
889+S REASONABLY AVAILABLE AND NECESSARY FOR FULL AND19
890+PROPER DISCUSSION, UNDERSTANDING, AND NEGOTIATION OF SUBJECTS20
891+WITHIN THE SCOPE OF COLLECTIVE BARGAINING OR SUBJECT TO A21
892+GRIEVANCE UNDER A COLLECTIVE BARGAINING AGREEMENT ; AND22
893+(c) D
894+OES NOT INCLUDE AN OBLIGATION TO FURNISH INFORMATION23
895+THAT CONSTITUTES GUIDANCE, ADVICE, COUNSEL, OR TRAINING PROVIDED24
896+FOR MANAGERIAL EMPLOYEES OR EXECUTIVE EMPLOYEES RELATING TO25
897+COLLECTIVE BARGAINING.26
955898 (3) C
956-OLLECTIVE BARGAINING BETWEEN A SINGLE COUNTY AND AN
957-PAGE 19-SENATE BILL 22-230 EMPLOYEE ORGANIZATION SERVING AS THE EXCLUSIVE REPRESENTATIVE OF
958-MORE THAN ONE BARGAINING UNIT OF COUNTY EMPLOYEES MUST BE
959-CONSOLIDATED UPON THE REQUEST OF THE COUNTY
960-.
899+OLLECTIVE BARGAINING BETWEEN A SINGLE COUNTY AND AN27
900+230
901+-24- EMPLOYEE ORGANIZATION SERVING AS THE EXCLUSIVE REPRESENTATIVE1
902+OF MORE THAN ONE BARGAINING UNIT OF COUNTY EMPLOYEES MUST BE2
903+CONSOLIDATED UPON THE REQUEST OF THE COUNTY .3
904+(4) AN EXCLUSIVE REPRESENTATIVE AND A COUNTY SHALL MAKE4
905+A GOOD FAITH EFFORT TO COMPLETE NEGOTIATIONS SO THAT THE TERMS5
906+OF A COLLECTIVE BARGAINING AGREEMENT MAY BE EFFECTIVELY6
907+CONSIDERED BY THE BOARD OF COUNTY COMMISSIONERS DURING THE7
908+ADOPTION OF THE COUNTY BUDGET. THE BOARD OF COUNTY8
909+COMMISSIONERS IS NOT OBLIGATED TO MAKE AN APPROPRIATION OF FUNDS9
910+NECESSARY TO FUND THE TERMS OF A COLLECTIVE BARGAINING10
911+AGREEMENT REACHED AFTER OCTOBER 15 OF THE YEAR PRIOR TO THE11
912+BUDGET YEAR IF THE EXCLUSIVE REPRESENTATIVE HAS NOT BEEN12
913+CERTIFIED PRIOR TO JUNE 1 OF THE CURRENT YEAR UNLESS OTHERWISE13
914+AGREED UPON BY BOTH PARTIES.14
915+8-3.3-113. Collective bargaining agreement - arbitration.15
916+(1) A
917+N AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE16
918+REPRESENTATIVE AND A COUNTY , WITH THE APPROVAL OF THE BOARD OF
919+17
920+COUNTY COMMISSIONERS OF THE COUNTY , CONSTITUTES THE COLLECTIVE18
921+BARGAINING AGREEMENT BETWEEN THE PARTIES .19
922+(2) A
923+ COLLECTIVE BARGAINING AGREEMENT ENTERED INTO UNDER20
924+THIS ARTICLE 3.3 MUST BE FOR A TERM OF AT LEAST TWELVE MONTHS AND21
925+NOT MORE THAN SIXTY MONTHS . A COLLECTIVE BARGAINING AGREEMENT22
926+REMAINS IN EFFECT UNTIL REPLACED BY A SUBSEQUENT COLLECTIVE23
927+BARGAINING AGREEMENT .24
928+(3) I
929+F THERE IS AN EXISTING LAW , POLICY, ORDINANCE, OR25
930+CHARTER PROVISION THAT APPLIES TO A COUNTY THAT PROVIDES26
931+PROCEDURES FOR THE APPEAL OF COUNTY EMPLOYEE DISCIPLINE ,27
932+230
933+-25- INCLUDING TERMINATIONS, A COUNTY EMPLOYEE MAY ELECT TO APPEAL1
934+A DISCIPLINARY ACTION EITHER UNDER THE APPLICABLE APPEALS2
935+PROCEDURE ESTABLISHED BY THAT LAW , POLICY, ORDINANCE, OR CHARTER3
936+PROVISION OR UNDER A GRIEVANCE PROCEDURE ESTABLISHED IN A4
937+COLLECTIVE BARGAINING AGREEMENT APPLICABLE TO THE COUNTY , BUT5
938+NOT BOTH. A COUNTY EMPLOYEE 'S ELECTION OF A REMEDY IS6
939+IRREVOCABLE AND IS MADE AT THE TIME THE COUNTY EMPLOYEE TIMELY7
940+FILES A WRITTEN DISCIPLINARY APPEAL UNDER THE NEGOTIATED8
941+GRIEVANCE PROCEDURE OR THE PROCEDURE ESTABLISHED BY LAW , POLICY,9
942+ORDINANCE, OR CHARTER PROVISION, WHICHEVER OCCURS FIRST.10
943+(4) (a) A
944+ COLLECTIVE BARGAINING AGREEMENT SHALL PROVIDE11
945+FOR A GRIEVANCE PROCEDURE CULMINATING IN FINAL AND BINDING12
946+ARBITRATION, SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH THIS13
947+ARTICLE 3.3, TO RESOLVE DISPUTES OVER THE INTERPRETATION ,14
948+APPLICATION, AND ENFORCEMENT OF ANY PROVISION OF THE COLLECTIVE15
949+BARGAINING AGREEMENT .16
950+(b) A
951+N EXCLUSIVE REPRESENTATIVE OR THE COUNTY MAY SEEK17
952+JUDICIAL REVIEW OR CONFIRMATION OF AN ARBITRATOR 'S DECISION AS THE18
953+FINAL STEP IN A COLLECTIVE BARGAINING AGREEMENT GRIEVANCE19
954+PROCEDURE IN A COURT OF COMPETENT JURISDICTION . THE DECISION OF AN20
955+ARBITRATOR MUST BE ENFORCED , AND THE PARTIES SHALL COMPLY WITH21
956+THE DECISION AND AWARD, UNLESS A COURT CONCLUDES THAT :22
957+(I) T
958+HE DECISION AND AWARD WAS PROCURED BY CORRUPTION ,23
959+FRAUD, OR OTHER UNDUE MEANS;24
960+(II) T
961+HE ARBITRATOR EXCEEDED THE ARBITRATOR 'S AUTHORITY;25
962+(III) T
963+HE ARBITRATOR'S DECISION AND AWARD VIOLATED PUBLIC26
964+POLICY;27
965+230
966+-26- (IV) THE ARBITRATOR ENGAGED IN MANIFEST DISREGARD OF THE1
967+LAW; OR2
968+(V) T
969+HE ARBITRATOR DENIED THE PARTIES A FUNDAMENTALLY3
970+FAIR HEARING.4
971+(5) A
972+ COLLECTIVE BARGAINING AGREEMENT SHALL NOT :5
973+(a) D
974+ELAY THE PROMPT INTERVIEWING OF COUNTY EMPLOYEES6
975+UNDER INVESTIGATION; EXCEPT THAT A COUNTY EMPLOYEE MUST BE7
976+GIVEN SUFFICIENT TIME TO HAVE THE COUNTY EMPLOYEE 'S EXCLUSIVE8
977+REPRESENTATIVE PRESENT AT ANY EXAMINATION IN CONNECTION WITH AN9
978+INVESTIGATION IN ACCORDANCE WITH SECTION 8-3.3-103 (3);10
979+(b) P
980+ERMIT A COUNTY EMPLOYEE TO USE PAID TIME FOR ANY OR11
981+ALL OF A SUSPENSION WHEN THE SUSPENSION WAS PROPERLY IMPOSED , IN
982+12
983+ACCORDANCE WITH APPLICABLE STANDARDS OR PROCEDURES , OR WHERE13
984+A SUPERVISOR, EMPLOYER, ADMINISTRATIVE LAW JUDGE , HEARING14
985+OFFICER, OR A COURT HAS FOUND A DEPRIVATION OF RIGHTS UNDER THE15
986+STATE OR FEDERAL CONSTITUTION ;16
987+(c) P
988+ERMIT THE EXPUNGEMENT OF DISCIPLINARY RECORDS FROM A17
989+COUNTY EMPLOYEE'S PERSONNEL FILE FOR SUBSTANTIATED INFRACTIONS18
990+OF A COUNTY'S POLICIES REGARDING:19
991+(I) P
992+HYSICAL USE OF FORCE;20
993+(II) D
994+EADLY PHYSICAL FORCE;21
995+(III) A
996+CTIONS RESULTING IN DEATH OR SERIOUS BODILY INJURY ;22
997+AND23
998+(IV) A
999+CTIONS RESULTING IN A DEPRIVATION OF RIGHTS UNDER THE24
1000+STATE OR FEDERAL CONSTITUTION ;25
1001+(d) I
1002+MPOSE LIMITS ON THE PERIOD OF TIME DURING WHICH A26
1003+COUNTY EMPLOYEE MAY BE DISCIPLINED OR AN INVESTIGATION MAY27
1004+230
1005+-27- OCCUR FOR INCIDENTS INVOLVING PHYSICAL FORCE , INCIDENTS OF DEADLY1
1006+PHYSICAL FORCE, INCIDENTS THAT RESULTED IN DEATH OR SERIOUS BODILY2
1007+INJURY, OR INCIDENTS ALLEGING A DEPRIVATION OF AN INDIVIDUAL 'S3
1008+RIGHTS UNDER THE STATE OR FEDERAL CONSTITUTION ;4
1009+(e) P
1010+LACE LIMITATIONS ON THE SUBSTANCE , METHOD FOR FILING,5
1011+OR SOURCE OF COMPLAINTS THAT MAY PROMPT AN INVESTIGATION INTO6
1012+EMPLOYEE MISCONDUCT .7
1013+(6) A
1014+ COLLECTIVE BARGAINING AGREEMENT MUST BE CONSISTENT8
1015+WITH APPLICABLE STATE AND FEDERAL LAWS , INCLUDING STATE AND9
1016+FEDERAL LAWS GOVERNING THE COUNTY OFFICIALS ' AND COUNTY10
1017+EMPLOYEES' RETIREMENT PLAN OR THE COLORADO EMPLOYEE RETIREMENT11
1018+SYSTEM DESCRIBED IN ARTICLE 51 OF TITLE 24, WHICHEVER IS APPLICABLE.12
1019+I
1020+F ANY CLAUSE IN A COLLECTIVE BARGAINING AGREEMENT IS DETERMINED13
1021+TO BE INVALID OR UNENFORCEABLE , THE UNENFORCEABILITY OR14
1022+INVALIDITY OF SUCH CLAUSE DOES NOT AFFECT THE ENFORCEABILITY OR15
1023+VALIDITY OF ANY OTHER CLAUSE OF THE COLLECTIVE BARGAINING16
1024+AGREEMENT.17
1025+(7) A
1026+NY TERM OF A COLLECTIVE BARGAINING AGREEMENT18
1027+REQUIRING THE APPROPRIATION OF FUNDS MUST BE SUBMITTED TO THE19
1028+BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AT THE MEETING20
1029+FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE TO THE21
1030+COUNTY THAT THE BARGAINING UNIT HAS APPROVED THE AGREEMENT IN22
1031+ACCORDANCE WITH THE INTERNAL PROCEDURES OF THE EXCLUSIVE23
1032+REPRESENTATIVE.24
1033+8-3.3-114. Impasse resolution - fact finding - rules. (1) I
1034+F AN25
1035+IMPASSE ARISES ON ONE OR MORE ISSUES DURING THE NEGOTIATION OF A26
1036+COLLECTIVE BARGAINING AGREEMENT , THE EXCLUSIVE REPRESENTATIVE27
1037+230
1038+-28- AND THE COUNTY SHALL ENGAGE IN THE DISPUTE RESOLUTION PROCESS1
1039+ESTABLISHED IN THIS SECTION OR AN ALTERNATIVE PROCEDURE2
1040+ESTABLISHED BY MUTUAL AGREEMENT . THE DEADLINES IN THIS SECTION3
1041+MAY BE EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES .4
1042+(2) (a) I
1043+F THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY5
1044+CANNOT REACH AN AGREEMENT ON ONE OR MORE ISSUES SUBJECT TO6
1045+COLLECTIVE BARGAINING WITHIN NINETY CALENDAR DAYS AFTER7
1046+COMMENCING MEETINGS TO NEGOTIATE , OR BY THE ONE HUNDRED8
1047+TWENTIETH DAY PRIOR TO THE EXPIRATION OF AN EXISTING COLLECTIVE9
1048+BARGAINING AGREEMENT , WHICHEVER IS EARLIER, EITHER PARTY MAY10
1049+REQUEST THE ASSISTANCE OF A MEDIATOR. IF MEDIATION IS REQUESTED BY11
1050+EITHER PARTY, BARGAINING MUST CONTINUE WITH THE AID OF A12
1051+MEDIATOR.13
1052+(b) I
1053+F THE PARTIES CANNOT AGREE ON A MEDIATOR WITHIN SEVEN14
1054+CALENDAR DAYS AFTER THE REQUEST FOR MEDIATION , THE PARTIES MUST15
1055+REQUEST MEDIATION ASSISTANCE FROM THE FEDERAL MEDIATION AND16
1056+CONCILIATION SERVICE. THE PARTIES SHALL SHARE EQUALLY THE COST OF17
1057+MEDIATION SERVICES, IF ANY.18
1058+(3) M
1059+EDIATION MUST CONTINUE FOR SIXTY DAYS , UNTIL SIXTY19
1060+DAYS PRIOR TO THE EXPIRATION OF THE EXISTING COLLECTIVE BARGAINING20
1061+AGREEMENT, OR UNTIL THE MEDIATOR DETERMINES THAT MEDIATION21
1062+SERVICES ARE NO LONGER NECESSARY OR EFFECTIVE , WHICHEVER OCCURS22
1063+FIRST. MEDIATION MAY CONTINUE THEREAFTER UPON MUTUAL23
1064+AGREEMENT OF THE PARTIES.24
1065+(4) (a) I
1066+F THE PARTIES REMAIN AT AN IMPASSE FOLLOWING25
1067+MEDIATION, EITHER PARTY MAY REQUEST FACT FINDING IN ACCORDANCE26
1068+WITH RULES PROMULGATED BY THE DIRECTOR .27
1069+230
1070+-29- (b) THE DIRECTOR SHALL MAINTAIN A ROSTER OF QUALIFIED FACT1
1071+FINDERS, EACH OF WHOM MUST BE REGISTERED WITH THE FEDERAL2
1072+MEDIATION AND CONCILIATION SERVICE OR THE AMERICAN ARBITRATION3
1073+A
1074+SSOCIATION, AND SHALL REQUIRE THE PARTIES TO SELECT A FACT FINDER4
1075+FROM THE DIRECTOR'S ROSTER OR FROM A ROSTER OF LABOR ARBITRATORS5
1076+OBTAINED DIRECTLY FROM THE FEDERAL MEDIATION AND CONCILIATION6
1077+SERVICE OR THE AMERICAN ARBITRATION ASSOCIATION, OR ITS7
1078+SUCCESSOR ORGANIZATION . THE PARTIES SHALL SELECT A FACT FINDER8
1079+FROM A LIST OF SEVEN NAMES FROM THE ROSTER , AS DESIGNATED BY THE9
1080+DIRECTOR AND THE AMERICAN ARBITRATION ASSOCIATION, OR ITS10
1081+SUCCESSOR ORGANIZATION , OR THE FEDERAL MEDIATION AND11
1082+CONCILIATION SERVICE, WHICHEVER IS APPLICABLE.12
1083+(c) U
1084+NLESS THE PARTIES OTHERWISE AGREE, THE FACT FINDER WILL13
1085+MAKE A RECOMMENDATION TO ACCEPT THE FINAL OFFER OF THE14
1086+EXCLUSIVE REPRESENTATIVE OR THE FINAL OFFER OF THE COUNTY ON EACH15
1087+ISSUE IN DISPUTE.16
1088+(d) I
1089+N ARRIVING AT A RECOMMENDATION , THE FACT FINDER SHALL17
1090+CONSIDER:18
1091+(I) T
1092+HE FINANCIAL ABILITY OF THE COUNTY TO MEET THE COSTS OF19
1093+ANY PROPOSED SETTLEMENT ;20
1094+(II) T
1095+HE INTERESTS AND WELFARE OF THE PUBLIC ;21
1096+(III) T
1097+HE COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF22
1098+EMPLOYMENT OF THE COUNTY EMPLOYEES INVOLVED IN THE COLLECTIVE23
1099+BARGAINING IN COMPARISON WITH THE COMPENSATION , HOURS, AND24
1100+TERMS AND CONDITIONS OF EMPLOYMENT OF OTHER EMPLOYEES IN THE25
1101+PUBLIC AND PRIVATE SECTORS IN COMPARABLE COMMUNITIES ;26
1102+(IV) T
1103+HE STIPULATIONS OF THE PARTIES;27
1104+230
1105+-30- (V) THE LAWFUL AUTHORITY OF THE COUNTY ;1
1106+(VI) C
1107+HANGES IN THE COST OF LIVING; AND2
1108+(VII) O
1109+THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY3
1110+TAKEN INTO CONSIDERATION IN THE DETERMINATION OF COMPENSATION ,4
1111+HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT THROUGH5
1112+VOLUNTARY COLLECTIVE BARGAINING , INTEREST ARBITRATION , OR6
1113+OTHERWISE BETWEEN PARTIES IN PUBLIC AND PRIVATE EMPLOYMENT .7
1114+(e) T
1115+HE PARTIES SHALL SHARE THE COST OF THE FACT FINDER8
1116+EQUALLY.9
1117+(5) T
1118+HE EXCLUSIVE REPRESENTATIVE SHALL APPROVE OR REJECT10
1119+THE RECOMMENDATION OF THE FACT FINDER IN ACCORDANCE WITH ITS11
1120+INTERNAL PROCEDURES. IF THE EXCLUSIVE REPRESENTATIVE APPROVES OF12
1121+THE RECOMMENDATION , THE BOARD OF COUNTY COMMISSIONERS OF THE13
1122+COUNTY SHALL VOTE TO ACCEPT OR REJECT THE RECOMMENDATION AT A14
1123+REGULAR OR SPECIAL MEETING OPEN TO THE PUBLIC IMMEDIATELY15
1124+FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE THAT THE16
1125+BARGAINING UNIT HAS ACCEPTED THE RECOMMENDATION .17
1126+(6) (a) E
1127+XCEPT FOR THE PARTIES IDENTIFIED IN SUBSECTION (6)(b)18
1128+OF THIS SECTION, IF THE PARTIES ARE AT AN IMPASSE FOLLOWING19
1129+CONSIDERATION OF THE RECOMMENDATIONS OF THE FACT FINDER , EACH20
1130+PARTY REMAINS OBLIGATED TO COLLECTIVELY BARGAIN IN GOOD FAITH TO21
1131+RESOLVE THE IMPASSE.22
1132+(b) B
1133+ARGAINING UNITS OF A LOCAL GOVERNMENT EMPLOYER THAT23
1134+INCLUDE FIREFIGHTERS, AS DEFINED IN SECTION 29-5-301 (2), MUST24
1135+COMPLY WITH POST-FACT-FINDING PROCEDURES IN SECTION 29-5-210 (9),25
1136+(10),
1137+ AND (13).26
1138+(7) E
1139+XCEPT FOR THE RECOMMENDATION OF A FACT FINDER , ALL27
1140+230
1141+-31- DOCUMENTS, PROPOSALS, AND DRAFT AND TENTATIVE AGREEMENTS1
1142+DRAFTED OR EXCHANGED PURSUANT TO THE PROCESS ESTABLISHED IN THIS2
1143+SECTION ARE PRIVILEGED, ARE NOT PUBLIC RECORDS , AND ARE NOT3
1144+SUBJECT TO INSPECTION PURSUANT TO THE "COLORADO OPEN RECORDS4
1145+A
1146+CT", PART 2 OF ARTICLE 72 OF TITLE 24.5
1147+8-3.3-115. Unfair labor practices. (1) A
1148+ COUNTY OR EXCLUSIVE6
1149+REPRESENTATIVE SHALL NOT REFUSE TO NEGOTIATE IN GOOD FAITH WITH7
1150+RESPECT TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF8
1151+EMPLOYMENT, INCLUDING REFUSING TO COOPERATE IN ANY IMPASSE9
1152+RESOLUTION PROCEDURE.10
1153+(2) A
1154+ COUNTY, ITS REPRESENTATIVES, ITS AGENTS, OR ANYONE11
1155+ACTING ON BEHALF OF THE COUNTY SHALL NOT :12
1156+(a) D
1157+ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,13
1158+OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST,14
1159+COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST,15
1160+ANY COUNTY EMPLOYEE FOR FORMING OR ASSISTING AN EMPLOYEE16
1161+ORGANIZATION OR EXPRESSING THE COUNTY EMPLOYEE 'S VIEWS17
1162+REGARDING COUNTY EMPLOYEE REPRESENTATION OR WORKPLACE ISSUES18
1163+OR THE RIGHTS GRANTED TO THE COUNTY EMPLOYEE IN THIS ARTICLE 3.3;19
1164+(b) D
1165+ETER OR DISCOURAGE COUNTY EMPLOYEES OR COUNTY20
1166+EMPLOYEE APPLICANTS FROM BECOMING OR REMAINING MEMBERS OF AN21
1167+EMPLOYEE ORGANIZATION OR FROM AUTHORIZING PAYROLL DEDUCTIONS22
1168+FOR DUES OR FEES TO AN EMPLOYEE ORGANIZATION ; EXCEPT THAT THE
1169+23
1170+COUNTY MAY RESPOND TO QUESTIONS FROM A COUNTY EMPLOYEE24
1171+PERTAINING TO THE COUNTY EMPLOYEE 'S EMPLOYMENT OR ANY MATTER25
1172+DESCRIBED IN THIS PART 3.3, AS LONG AS THE RESPONSE IS NEUTRAL26
1173+TOWARD PARTICIPATION IN , SELECTION OF, AND MEMBERSHIP IN AN27
1174+230
1175+-32- EMPLOYEE ORGANIZATION ;1
1176+(c) U
1177+SE ANY PUBLIC FUNDS OR OFFICIAL POSITION TO SUPPORT OR2
1178+OPPOSE AN EMPLOYEE ORGANIZATION ; EXCEPT THAT THE PROVISION OF3
1179+ROUTINE SERVICES AND FACILITIES AND PAID TIME FOR EXCLUSIVE4
1180+REPRESENTATIVES MAY BE PROVIDED BY A COUNTY PURSUANT TO A5
1181+COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY AND AN6
1182+EXCLUSIVE REPRESENTATIVE;7
1183+(d) D
1184+OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN8
1185+EMPLOYEE ORGANIZATION ;9
1186+(e) D
1187+ISCHARGE OR DISCRIMINATE AGAINST A COUNTY EMPLOYEE10
1188+BECAUSE THE COUNTY EMPLOYEE HAS FILED AN AFFIDAVIT , PETITION, OR11
1189+COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO12
1190+THIS ARTICLE 3.3 OR A COLLECTIVE BARGAINING AGREEMENT OR CHOSEN13
1191+TO BE REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE ;14
1192+(f) D
1193+ENY THE RIGHTS ACCOMPANYING CERTIFICATION AS THE15
1194+EXCLUSIVE REPRESENTATIVE PURSUANT TO THIS ARTICLE 3.3;16
1195+(g) C
1196+OLLECTIVELY BARGAIN IN REGARD TO MATTERS COVERED BY17
1197+THIS ARTICLE 3.3 WITH A COUNTY EMPLOYEE OR GROUP OF C OUNTY18
1198+EMPLOYEES IN THE BARGAINING UNIT OR AN EMPLOYEE ORGANIZATION19
1199+PURPORTEDLY REPRESENTING THE COUNTY EMPLOYEES IN A BARGAINING20
1200+UNIT OTHER THAN THE EXCLUSIVE REPRESENTATIVE ;21
1201+(h) D
1202+ISCLOSE TO A PRIVATE ENTITY, OTHER THAN THE EXCLUSIVE22
1203+REPRESENTATIVE, PERSONALLY IDENTIFIABLE INFORMATION ABOUT23
1204+COUNTY EMPLOYEES WITHIN THE BARGAINING UNIT THAT IS EXEMPT FROM24
1205+DISCLOSURE PURSUANT TO LAW ; OR25
1206+(i) O
1207+THERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS26
1208+ARTICLE 3.3.27
1209+230
1210+-33- (3) (a) AN EMPLOYEE ORGANIZATION OR EXCLUSIVE1
1211+REPRESENTATIVE SHALL NOT:2
1212+(I) I
1213+NTERFERE WITH, RESTRAIN, OR COERCE A COUNTY EMPLOYEE3
1214+WITH RESPECT TO THE RIGHTS GRANTED IN THIS ARTICLE 3.3 OR WITH4
1215+RESPECT TO SELECTING AN EXCLUSIVE REPRESENTATIVE ;5
1216+(II) W
1217+ILLFULLY OR DELIBERATELY FAIL TO FAIRLY REPRESENT A6
1218+COUNTY EMPLOYEE WHO IS IN A BARGAINING UNIT EXCLUSIVELY7
1219+REPRESENTED BY THE EMPLOYEE ORGANIZATION IN THE NEGOTIATION OR8
1220+ENFORCEMENT OF THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT ;9
1221+OR10
1222+(III) O
1223+THERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF11
1224+THIS ARTICLE 3.3.12
1225+(b) T
1226+HIS SUBSECTION (3) DOES NOT PROHIBIT AN EXCLUSIVE13
1227+REPRESENTATIVE FROM PROVIDING LEGAL , ECONOMIC, OR JOB-RELATED14
1228+SERVICES OR BENEFITS BEYOND THOSE ESTABLISHED IN ANY APPLICABLE15
1229+COLLECTIVE BARGAINING AGREEMENT EXCLUSIVELY TO ITS MEMBERS .16
9611230 (4) A
962-N EXCLUSIVE REPRESENTATIVE AND A COUNTY SHALL MAKE A
963-GOOD FAITH EFFORT TO COMPLETE NEGOTIATIONS SO THAT THE TERMS OF A
964-COLLECTIVE BARGAINING AGREEMENT MAY BE EFFECTIVELY CONSIDERED BY
965-THE BOARD OF COUNTY COMMISSIONERS DURING THE ADOPTION OF THE
966-COUNTY BUDGET
967-. THE BOARD OF COUNTY COMMISSIONERS IS NOT
968-OBLIGATED TO MAKE AN APPROPRIATION OF FUNDS NECESSARY TO FUND THE
969-TERMS OF A COLLECTIVE BARGAINING AGREEMENT REACHED AFTER
970-OCTOBER 15 OF THE YEAR PRIOR TO THE BUDGET YEAR IF THE EXCLUSIVE
971-REPRESENTATIVE HAS NOT BEEN CERTIFIED PRIOR TO
972-JUNE 1 OF THE
973-CURRENT YEAR UNLESS OTHERWISE AGREED UPON BY BOTH PARTIES
974-.
975-8-3.3-113. Collective bargaining agreement - arbitration. (1) A
976-N
977-AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND A
978-COUNTY
979-, WITH THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
980-OF THE COUNTY
981-, CONSTITUTES THE COLLECTIVE BARGAINING AGREEMENT
982-BETWEEN THE PARTIES
983-.
984-(2) A
985- COLLECTIVE BARGAINING AGREEMENT ENTERED INTO UNDER
986-THIS ARTICLE
987-3.3 MUST BE FOR A TERM OF AT LEAST TWELVE MONTHS AND
988-NOT MORE THAN SIXTY MONTHS
989-. A COLLECTIVE BARGAINING AGREEMENT
990-REMAINS IN EFFECT UNTIL REPLACED BY A SUBSEQUENT COLLECTIVE
991-BARGAINING AGREEMENT
992-.
993-(3) I
994-F THERE IS AN EXISTING LAW, POLICY, ORDINANCE, OR CHARTER
995-PROVISION THAT APPLIES TO A COUNT Y THAT PROVIDES PROCEDURES FOR
996-THE APPEAL OF COUNTY EMPLOYEE DISCIPLINE
997-, INCLUDING TERMINATIONS,
998-A COUNTY EMPLOYEE MAY ELECT TO APPEAL A DISCIPLINARY ACTION EITHER
999-UNDER THE APPLICABLE APPEALS PROCEDURE ESTABLISHED BY THAT LAW
1000-,
1001-POLICY, ORDINANCE, OR CHARTER PROVISION OR UNDER A GRIEVANCE
1002-PROCEDURE ESTABLISHED IN A COLLECTIVE BARGAINING AGREEMENT
1003-APPLICABLE TO THE COUNTY
1004-, BUT NOT BOTH. A COUNTY EMPLOYEE 'S
1005-ELECTION OF A REMEDY IS IRREVOCABLE AND IS MADE AT THE TIME THE
1006-COUNTY EMPLOYEE TIMELY FILES A WRITTEN DISCIPLINARY APPEAL UNDER
1007-THE NEGOTIATED GRIEVANCE PROCEDURE OR THE PROCEDURE ESTABLISHED
1008-BY LAW
1009-, POLICY, ORDINANCE, OR CHARTER PROVISION, WHICHEVER OCCURS
1010-FIRST
1011-.
1012-PAGE 20-SENATE BILL 22-230 (4) (a) A COLLECTIVE BARGAINING AGREEMENT SHALL PROVIDE FOR
1013-A GRIEVANCE PROCEDURE CULMINATING IN FINAL AND BINDING
1014-ARBITRATION
1015-, SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH THIS
1016-ARTICLE
1017-3.3, TO RESOLVE DISPUTES OVER THE INTERPRETATION ,
1018-APPLICATION, AND ENFORCEMENT OF ANY PROVISION OF THE COLLECTIVE
1019-BARGAINING AGREEMENT
1020-.
1231+N AGGRIEVED PARTY IS BARRED FROM FILING A CLAIM THAT17
1232+ALLEGES THAT EITHER THE COUNTY OR EMPLOYEE ORGANIZATION HAS18
1233+VIOLATED THIS SECTION UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS19
1234+AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY20
1235+SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION .21
1236+(5) T
1237+HE EXPRESSION OF ANY PERSONAL VIEW , ARGUMENT, OR22
1238+OPINION BY AN ELECTED OFFICIAL MUST NOT BE CONSIDERED A VIOLATION23
1239+OF THIS SECTION UNLESS THE EXPRESSION CONTAINS A THREAT OF24
1240+REPRISAL OR PROMISE OF A BENEFIT OR IS MADE UNDER COERCIVE25
1241+CONDITIONS. REPRESENTATIVES OF COUNTIES MAY CORRECT THE RECORD26
1242+WITH RESPECT TO ANY FALSE OR MISLEADING STATEMENT MADE BY ANY27
1243+230
1244+-34- PERSON, PUBLICIZE THE FACT OF A REPRESENTATION ELECTION , AND1
1245+ENCOURAGE COUNTY EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN2
1246+THE ELECTION.3
1247+(6) (a) A
1248+N EXCLUSIVE REPRESENTATIVE CERTIFIED OR DEEMED4
1249+CERTIFIED IN ACCORDANCE WITH THIS ARTICLE 3.3 SHALL NOT THREATEN,5
1250+FACILITATE, SUPPORT, OR CAUSE A COUNTY EMPLOYEE TO PARTICIPATE IN6
1251+THE FOLLOWING:7
1252+(I) A
1253+ STRIKE;8
1254+(II) A
1255+ WORK STOPPAGE;9
1256+(III) A
1257+ WORK SLOWDOWN;10
1258+(IV) A
1259+ GROUP SICK OUT; OR11
1260+(V) A
1261+N ACTION THAT DISRUPTS, ON A WIDESPREAD BASIS, THE12
1262+DAY-TO-DAY FUNCTIONING OF A COUNTY .13
10211263 (b) A
1022-N EXCLUSIVE REPRESENTATIVE OR THE COUNTY MAY SEEK
1023-JUDICIAL REVIEW OR CONFIRMATION OF AN ARBITRATOR
1024-'S DECISION AS THE
1025-FINAL STEP IN A COLLECTIVE BARGAINING AGREEMENT GRIEVANCE
1026-PROCEDURE IN A COURT OF COMPETENT JURISDICTION
1027-. THE DECISION OF AN
1028-ARBITRATOR MUST BE ENFORCED
1029-, AND THE PARTIES SHALL COMPLY WITH
1030-THE DECISION AND AWARD
1031-, UNLESS A COURT CONCLUDES THAT :
1032-(I) T
1033-HE DECISION AND AWARD WAS PROCURED BY CORRUPTION ,
1034-FRAUD, OR OTHER UNDUE MEANS;
1035-(II) T
1036-HE ARBITRATOR EXCEEDED THE ARBITRATOR 'S AUTHORITY;
1037-(III) T
1038-HE ARBITRATOR'S DECISION AND AWARD VIOLATED PUBLIC
1039-POLICY
1040-;
1041-(IV) T
1042-HE ARBITRATOR ENGAGED IN MANIFEST DISREGARD OF THE
1043-LAW
1044-; OR
1045-(V) THE ARBITRATOR DENIED THE PARTIES A FUNDAMENTALLY FAIR
1046-HEARING
1047-.
1048-(5) A
1049- COLLECTIVE BARGAINING AGREEMENT SHALL NOT :
1050-(a) D
1051-ELAY THE PROMPT INTERVIEWING OF COUNTY EMPLOYEES
1052-UNDER INVESTIGATION
1053-; EXCEPT THAT A COUNTY EMPLOYEE MUST BE GIVEN
1054-SUFFICIENT TIME TO HAVE THE COUNTY EMPLOYEE
1055-'S EXCLUSIVE
1056-REPRESENTATIVE PRESENT AT ANY EXAMINATION IN CONNECTION WITH AN
1057-INVESTIGATION IN ACCORDANCE WITH SECTION
1058-8-3.3-103 (3);
1059-(b) P
1060-ERMIT A COUNTY EMPLOYEE TO USE PAID TIME FOR ANY OR ALL
1061-OF A SUSPENSION WHEN THE SUSPENSION WAS PROPERLY IMPOSED
1062-, IN
1063-ACCORDANCE WITH APPLICABLE STANDARDS OR PROCEDURES
1064-, OR WHERE A
1065-SUPERVISOR
1066-, EMPLOYER, ADMINISTRATIVE LAW JUDGE, HEARING OFFICER,
1067-PAGE 21-SENATE BILL 22-230 OR A COURT HAS FOUND A DEPRIVATION OF RIGHTS UNDER THE STATE OR
1068-FEDERAL CONSTITUTION
1069-;
1070-(c) P
1071-ERMIT THE EXPUNGEMENT OF DISCIPLINARY RECORDS FROM A
1072-COUNTY EMPLOYEE
1073-'S PERSONNEL FILE FOR SUBSTANTIATED INFRACTIONS OF
1074-A COUNTY
1075-'S POLICIES REGARDING:
1076-(I) P
1077-HYSICAL USE OF FORCE;
1078-(II) D
1079-EADLY PHYSICAL FORCE;
1080-(III) A
1081-CTIONS RESULTING IN DEATH OR SERIOUS BODILY INJURY; AND
1082-(IV) ACTIONS RESULTING IN A DEPRIVATION OF RIGHTS UNDER THE
1083-STATE OR FEDERAL CONSTITUTION
1084-;
1085-(d) I
1086-MPOSE LIMITS ON THE PERIOD OF TIME DURING WHICH A COUNTY
1087-EMPLOYEE MAY BE DISCIPLINED OR AN INVESTIGATION MAY OCCUR FOR
1088-INCIDENTS INVOLVING PHYSICAL FORCE
1089-, INCIDENTS OF DEADLY PHYSICAL
1090-FORCE
1091-, INCIDENTS THAT RESULTED IN DEATH OR SERIOUS BODILY INJURY , OR
1092-INCIDENTS ALLEGING A DEPRIVATION OF AN INDIVIDUAL
1093-'S RIGHTS UNDER THE
1094-STATE OR FEDERAL CONSTITUTION
1095-;
1096-(e) P
1097-LACE LIMITATIONS ON THE SUBSTANCE, METHOD FOR FILING, OR
1098-SOURCE OF COMPLAINTS THAT MAY PROMPT AN INVESTIGATION INTO
1099-EMPLOYEE MISCONDUCT
1100-.
1101-(6) A
1102- COLLECTIVE BARGAINING AGREEMENT MUST BE CONSISTENT
1103-WITH APPLICABLE STATE AND FEDERAL LAWS
1104-, INCLUDING STATE AND
1105-FEDERAL LAWS GOVERNING THE COUNTY OFFICIALS
1106-' AND COUNTY
1107-EMPLOYEES
1108-' RETIREMENT PLAN OR THE COLORADO EMPLOYEE RETIREMENT
1109-SYSTEM DESCRIBED IN ARTICLE
1110-51 OF TITLE 24, WHICHEVER IS APPLICABLE.
1111-I
1112-F ANY CLAUSE IN A COLLECTIVE BARGAINING AGREEMENT IS DETERMINED
1113-TO BE INVALID OR UNENFORCEABLE
1114-, THE UNENFORCEABILITY OR INVALIDITY
1115-OF SUCH CLAUSE DOES NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF
1116-ANY OTHER CLAUSE OF THE COLLECTIVE BARGAINING AGREEMENT
1117-.
1118-(7) A
1119-NY TERM OF A COLLECTIVE BARGAINING AGREEMENT
1120-REQUIRING THE APPROPRIATION OF FUNDS MUST BE SUBMITTED TO THE
1121-BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AT THE MEETING
1122-PAGE 22-SENATE BILL 22-230 FOLLOWING NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE TO THE
1123-COUNTY THAT THE BARGAINING UNIT HAS APPROVED THE AGREEMENT IN
1124-ACCORDANCE WITH THE INTERNAL PROCEDURES OF THE EXCLUSIVE
1125-REPRESENTATIVE
1126-.
1127-8-3.3-114. Impasse resolution - fact finding - rules. (1) I
1128-F AN
1129-IMPASSE ARISES ON ONE OR MORE ISSUES DURING THE NEGOTIATION OF A
1130-COLLECTIVE BARGAINING AGREEMENT
1131-, THE EXCLUSIVE REPRESENTATIVE
1132-AND THE COUNTY SHALL ENGAGE IN THE DISPUTE RESOLUTION PROCESS
1133-ESTABLISHED IN THIS SECTION OR AN ALTERNATIVE PROCEDURE
1134-ESTABLISHED BY MUTUAL AGREEMENT
1135-. THE DEADLINES IN THIS SECTION
1136-MAY BE EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES
1137-.
1138-(2) (a) I
1139-F THE EXCLUSIVE REPRESENTATIVE AND THE COUNTY
1140-CANNOT REACH AN AGREEMENT ON ONE OR MORE ISSUES SUBJECT TO
1141-COLLECTIVE BARGAINING WITHIN NINETY CALENDAR DAYS AFTER
1142-COMMENCING MEETINGS TO NEGOTIATE
1143-, OR BY THE ONE HUNDRED
1144-TWENTIETH DAY PRIOR TO THE EXPIRATION OF AN EXISTING COLLECTIVE
1145-BARGAINING AGREEMENT
1146-, WHICHEVER IS EARLIER, EITHER PARTY MAY
1147-REQUEST THE ASSISTANCE OF A MEDIATOR
1148-. IF MEDIATION IS REQUESTED BY
1149-EITHER PARTY
1150-, BARGAINING MUST CONTINUE WITH THE AID OF A MEDIATOR .
1151-(b) I
1152-F THE PARTIES CANNOT AGREE ON A MEDIATOR WITHIN SEVEN
1153-CALENDAR DAYS AFTER THE REQUEST FOR MEDIATION
1154-, THE PARTIES MUST
1155-REQUEST MEDIATION ASSISTANCE FROM THE FEDERAL MEDIATION AND
1156-CONCILIATION SERVICE
1157-. THE PARTIES SHALL SHARE EQUALLY THE COST OF
1158-MEDIATION SERVICES
1159-, IF ANY.
1160-(3) M
1161-EDIATION MUST CONTINUE FOR SIXTY DAYS , UNTIL SIXTY DAYS
1162-PRIOR TO THE EXPIRATION OF THE EXISTING COLLECTIVE BARGAINING
1163-AGREEMENT
1164-, OR UNTIL THE MEDIATOR DETERMINES THAT MEDIATION
1165-SERVICES ARE NO LONGER NECESSARY OR EFFECTIVE
1166-, WHICHEVER OCCURS
1167-FIRST
1168-. MEDIATION MAY CONTINUE THEREAFTER UPON MUTUAL AGREEMENT
1169-OF THE PARTIES
1170-.
1171-(4) (a) I
1172-F THE PARTIES REMAIN AT AN IMPASSE FOLLOWING
1173-MEDIATION
1174-, EITHER PARTY MAY REQUEST FACT FINDING IN ACCORDANCE
1175-WITH RULES PROMULGATED BY THE DIRECTOR
1176-.
1177-(b) T
1178-HE DIRECTOR SHALL MAINTAIN A ROSTER OF QUALIFIED FACT
1179-PAGE 23-SENATE BILL 22-230 FINDERS, EACH OF WHOM MUST BE REGISTERED WITH THE FEDERAL
1180-MEDIATION AND CONCILIATION SERVICE OR THE
1181-AMERICAN ARBITRATION
1182-ASSOCIATION, AND SHALL REQUIRE THE PARTIES TO SELECT A FACT FINDER
1183-FROM THE DIRECTOR
1184-'S ROSTER OR FROM A ROSTER OF LABOR ARBITRATORS
1185-OBTAINED DIRECTLY FROM THE FEDERAL MEDIATION AND CONCILIATION
1186-SERVICE OR THE
1187-AMERICAN ARBITRATION ASSOCIATION, OR ITS SUCCESSOR
1188-ORGANIZATION
1189-. THE PARTIES SHALL SELECT A FACT FINDER FROM A LIST OF
1190-SEVEN NAMES FROM THE ROSTER
1191-, AS DESIGNATED BY THE DIRECTOR AND
1192-THE
1193-AMERICAN ARBITRATION ASSOCIATION, OR ITS SUCCESSOR
1194-ORGANIZATION
1195-, OR THE FEDERAL MEDIATION AND CONCILIATION SERVICE ,
1196-WHICHEVER IS APPLICABLE.
1197-(c) U
1198-NLESS THE PARTIES OTHERWISE AGREE, THE FACT FINDER WILL
1199-MAKE A RECOMMENDATION TO ACCEPT THE FINAL OFFER OF THE EXCLUSIVE
1200-REPRESENTATIVE OR THE FINAL OFFER OF THE COUNTY ON EACH ISSUE IN
1201-DISPUTE
1202-.
1203-(d) I
1204-N ARRIVING AT A RECOMMENDATION , THE FACT FINDER SHALL
1205-CONSIDER
1206-:
1207-(I) T
1208-HE FINANCIAL ABILITY OF THE COUNTY TO MEET THE COSTS OF
1209-ANY PROPOSED SETTLEMENT
1210-;
1211-(II) T
1212-HE INTERESTS AND WELFARE OF THE PUBLIC ;
1213-(III) T
1214-HE COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF
1215-EMPLOYMENT OF THE COUNTY EMPLOYEES INVOLVED IN THE COLLECTIVE
1216-BARGAINING IN COMPARISON WITH THE COMPENSATION
1217-, HOURS, AND TERMS
1218-AND CONDITIONS OF EMPLOYMENT OF OTHER EMPLOYEES IN THE PUBLIC AND
1219-PRIVATE SECTORS IN COMPARABLE COMMUNITIES
1220-;
1221-(IV) T
1222-HE STIPULATIONS OF THE PARTIES;
1223-(V) T
1224-HE LAWFUL AUTHORITY OF THE COUNTY ;
1225-(VI) C
1226-HANGES IN THE COST OF LIVING; AND
1227-(VII) OTHER FACTORS THAT ARE NORMALLY OR TRADITIONALLY
1228-TAKEN INTO CONSIDERATION IN THE DETERMINATION OF COMPENSATION
1229-,
1230-HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT THROUGH
1231-PAGE 24-SENATE BILL 22-230 VOLUNTARY COLLECTIVE BARGAINING , INTEREST ARBITRATION , OR
1232-OTHERWISE BETWEEN PARTIES IN PUBLIC AND PRIVATE EMPLOYMENT
1233-.
1234-(e) T
1235-HE PARTIES SHALL SHARE THE COST OF THE FACT FINDER
1236-EQUALLY
1237-.
1238-(5) T
1239-HE EXCLUSIVE REPRESENTATIVE SHALL APPROVE OR REJECT THE
1240-RECOMMENDATION OF THE FACT FINDER IN ACCOR DANCE WITH ITS INTERNAL
1241-PROCEDURES
1242-. IF THE EXCLUSIVE REPRESENTATIVE APPROVES OF THE
1243-RECOMMENDATION
1244-, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
1245-SHALL VOTE TO ACCEPT OR REJECT THE RECOMMENDATION AT A REGULAR
1246-OR SPECIAL MEETING OPEN TO THE PUBLIC IMMEDIATELY FOLLOWING
1247-NOTIFICATION BY THE EXCLUSIVE REPRESENTATIVE THAT THE BARGAINING
1248-UNIT HAS ACCEPTED THE RECOMMENDATION
1249-.
1250-(6) (a) E
1251-XCEPT FOR THE PARTIES IDENTIFIED IN SUBSECTION (6)(b)
1252-OF THIS SECTION, IF THE PARTIES ARE AT AN IMPASSE FOLLOWING
1253-CONSIDERATION OF THE RECOMMENDATIONS OF THE FACT FINDER
1254-, EACH
1255-PARTY REMAINS OBLIGATED TO COLLECTIVELY BARGAIN IN GOOD FAITH TO
1256-RESOLVE THE IMPASSE
1257-.
1258-(b) B
1259-ARGAINING UNITS OF A LOCAL GOVERNMENT EMPLOYER THAT
1260-INCLUDE FIREFIGHTERS
1261-, AS DEFINED IN SECTION 29-5-301 (2), MUST COMPLY
1262-WITH POST
1263--FACT-FINDING PROCEDURES IN SECTION 29-5-210 (9), (10), AND
1264-(13).
1265-(7) E
1266-XCEPT FOR THE RECOMMENDATION OF A FACT FINDER , ALL
1267-DOCUMENTS
1268-, PROPOSALS, AND DRAFT AND TENTATIVE AGREEMENTS
1269-DRAFTED OR EXCHANGED PURSUANT TO THE PROCESS ESTABLISHED IN THIS
1270-SECTION ARE PRIVILEGED
1271-, ARE NOT PUBLIC RECORDS, AND ARE NOT SUBJECT
1272-TO INSPECTION PURSUANT TO THE
1273-"COLORADO OPEN RECORDS ACT", PART
1274-2 OF ARTICLE 72 OF TITLE 24.
1275-8-3.3-115. Unfair labor practices. (1) A
1276- COUNTY OR EXCLUSIVE
1277-REPRESENTATIVE SHALL NOT REFUSE TO NEGOTIATE IN GOOD FAITH WITH
1278-RESPECT TO WAGES
1279-, HOURS, AND OTHER TERMS AND CONDITIONS OF
1280-EMPLOYMENT
1281-, INCLUDING REFUSING TO COOPERATE IN ANY IMPASSE
1282-RESOLUTION PROCEDURE
1283-.
1284-(2) A
1285- COUNTY, ITS REPRESENTATIVES, ITS AGENTS, OR ANYONE
1286-PAGE 25-SENATE BILL 22-230 ACTING ON BEHALF OF THE COUNTY SHALL NOT :
1287-(a) D
1288-ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,
1289-OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST ,
1290-COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST, ANY
1291-COUNTY EMPLOYEE FOR FORMING OR ASSISTING AN EMPLOYEE
1292-ORGANIZATION OR EXPRESSING THE COUNTY EMPLOYEE
1293-'S VIEWS REGARDING
1294-COUNTY EMPLOYEE REPRESENTATION OR WORKPLACE ISSUES OR THE RIGHTS
1295-GRANTED TO THE COUNTY EMPLOYEE IN THIS ARTICLE
1296-3.3;
1297-(b) D
1298-ETER OR DISCOURAGE COUNTY EMPLOYEES OR COUNTY
1299-EMPLOYEE APPLICANTS FROM BECOMING OR REMAINING MEMBERS OF AN
1300-EMPLOYEE ORGANIZATION OR FROM AUTHORIZING PAYROLL DEDUCTIONS
1301-FOR DUES OR FEES TO AN EMPLOYEE ORGANIZATION
1302-; EXCEPT THAT THE
1303-COUNTY MAY RESP OND TO QUESTIONS FROM A COUNTY EMPLOYEE
1304-PERTAINING TO THE COUNTY EMPLOYEE
1305-'S EMPLOYMENT OR ANY MATTER
1306-DESCRIBED IN THIS ARTICLE
1307-3.3, AS LONG AS THE RESPONSE IS NEUTRAL
1308-TOWARD PARTICIPATION IN
1309-, SELECTION OF, AND MEMBERSHIP IN AN
1310-EMPLOYEE ORGANIZATION
1311-;
1312-(c) U
1313-SE ANY PUBLIC FUNDS OR OFFICIAL POSITION TO SUPPORT OR
1314-OPPOSE AN EMPLOYEE ORGANIZATION
1315-; EXCEPT THAT THE PROVISION OF
1316-ROUTINE SERVICES AND FACILITIES AND PAID TIME FOR EXCLUSIVE
1317-REPRESENTATIVES MAY BE PROVIDED BY A COUNTY PURS UANT TO A
1318-COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY AND AN
1319-EXCLUSIVE REPRESENTATIVE
1320-;
1321-(d) D
1322-OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN
1323-EMPLOYEE ORGANIZATION
1324-;
1325-(e) D
1326-ISCHARGE OR DISCRIMINATE AGAINST A COUNTY EMPLOYEE
1327-BECAUSE THE COUNTY EMPLOYEE HAS FILED AN AFFIDAVIT
1328-, PETITION, OR
1329-COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO THIS
1330-ARTICLE
1331-3.3 OR A COLLECTIVE BARGAINING AGREEMENT OR CHOSEN TO BE
1332-REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE
1333-;
1334-(f) D
1335-ENY THE RIGHTS ACCOMPANYING CERTIFICATION AS THE
1336-EXCLUSIVE REPRESENTATIVE PURSUANT TO THIS ARTICLE
1337-3.3;
1338-(g) C
1339-OLLECTIVELY BARGAIN IN REGARD TO MATTERS COVERED BY
1340-PAGE 26-SENATE BILL 22-230 THIS ARTICLE 3.3 WITH A COUNTY EMPLOYEE OR GROUP OF COUNTY
1341-EMPLOYEES IN THE BARGAINING UNIT OR AN EMPLOYEE ORGANIZATION
1342-PURPORTEDLY REPRESENTING THE COUNTY EMPLOYEES IN A BARGAINING
1343-UNIT OTHER THAN THE EXCLUSIVE REPRESENTATIVE
1344-;
1345-(h) D
1346-ISCLOSE TO A PRIVATE ENTITY, OTHER THAN THE EXCLUSIVE
1347-REPRESENTATIVE
1348-, PERSONALLY IDENTIFIABLE INFORMATION ABOUT COUNTY
1349-EMPLOYEES WITHIN THE BARGAINING UNIT THAT IS EXEMPT FROM
1350-DISCLOSURE PURSUANT TO LAW
1351-; OR
1352-(i) OTHERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS
1353-ARTICLE
1354-3.3.
1355-(3) (a) A
1356-N EMPLOYEE ORGANIZATION OR EXCLUSIVE
1357-REPRESENTATIVE SHALL NOT
1358-:
1359-(I) I
1360-NTERFERE WITH, RESTRAIN, OR COERCE A COUNTY EMPLOYEE
1361-WITH RESPECT TO THE RIGHTS GRANTED IN THIS ARTICLE
1362-3.3 OR WITH
1363-RESPECT TO SELECTING AN EXCLUSIVE REPRESENTATIVE
1364-;
1365-(II) W
1366-ILLFULLY OR DELIBERATELY FAIL TO FAIRLY REPRESENT A
1367-COUNTY EMPLOYEE WHO IS IN A BARGAINING UNIT EXCLUSIVELY
1368-REPRESENTED BY THE EMPLOYEE ORGANIZATION IN THE NEGOTIATION OR
1369-ENFORCEMENT OF THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT
1370-;
1371-OR
1372-(III) OTHERWISE FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS
1373-ARTICLE
1374-3.3.
1375-(b) T
1376-HIS SUBSECTION (3) DOES NOT PROHIBIT AN EXCLUSIVE
1377-REPRESENTATIVE FROM PROVIDING LEGAL
1378-, ECONOMIC, OR JOB-RELATED
1379-SERVICES OR BENEFITS BEYOND THOSE ESTABLISHED IN ANY APPLICABLE
1380-COLLECTIVE BARGAINING AGREEMENT EXCLUSIVELY TO ITS MEMBERS
1381-.
1382-(4) A
1383-N AGGRIEVED PARTY IS BARRED FROM FILING A CLAIM THAT
1384-ALLEGES THAT EITHER THE COUNTY OR EMPLOYEE ORGANIZATION HAS
1385-VIOLATED THIS SECTION UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS
1386-AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY
1387-SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION
1388-.
1389-PAGE 27-SENATE BILL 22-230 (5) THE EXPRESSION OF ANY PERSONAL VIEW , ARGUMENT, OR
1390-OPINION BY AN ELECTED OFFICIAL MUST NOT BE CONSIDERED A VIOLATION
1391-OF THIS SECTION UNLESS THE EXPRESSION CONTAINS A THREAT OF REPRISAL
1392-OR PROMISE OF A BENEFIT OR IS MADE UNDER COERCIVE CONDITIONS
1393-.
1394-R
1395-EPRESENTATIVES OF COUNTIES MAY CORRECT THE RECORD WITH RESPECT
1396-TO ANY FALSE OR MISLEADING STATEMENT MADE BY ANY PERSON
1397-, PUBLICIZE
1398-THE FACT OF A REPRESENTATION ELECTION
1399-, AND ENCOURAGE COUNTY
1400-EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN THE ELECTION
1401-.
1402-(6) (a) A
1403-N EXCLUSIVE REPRESENTATIVE CERTIFIED OR DEEMED
1404-CERTIFIED IN ACCORDANCE WITH THIS ARTICLE
1405-3.3 SHALL NOT THREATEN,
1406-FACILITATE, SUPPORT, OR CAUSE A COUNTY EMPLOYEE TO PARTICIPATE IN
1407-THE FOLLOWING
1408-:
1409-(I) A
1410- STRIKE;
1411-(II) A
1412- WORK STOPPAGE;
1413-(III) A
1414- WORK SLOWDOWN;
1415-(IV) A
1416- GROUP SICK OUT; OR
1417-(V) AN ACTION THAT DISRUPTS, ON A WIDESPREAD BASIS, THE
1418-DAY
1419--TO-DAY FUNCTIONING OF A COUNTY .
1420-(b) A
1421- CONTROVERSY CONCERNING AN ACTIVITY PROHIBITED BY
1422-SUBSECTION
1423- (6)(a) OF THIS SECTION MAY BE SUBMITTED TO THE DIVISION
1424-PURSUANT TO SECTION
1425-8-3.3-106. UPON A FINDING THAT THE EXCLUSIVE
1426-REPRESENTATIVE HAS VIOLATED SUBSECTION
1427- (6)(a) OF THIS SECTION, THE
1428-DIRECTOR SHALL AWARD ANY APPROPRIATE RELIEF
1429-, INCLUDING SANCTIONS,
1430-FINES, OR DECERTIFICATION. IF AN EXCLUSIVE REPRESENTATIVE IS
1431-DECERTIFIED BY THE DIRECTOR
1432-, THE EMPLOYEE ORGANIZATION MAY BEGIN
1433-THE CERTIFICATION PROCESS IN SECTION
1434-8-3.3-108 AFTER ONE YEAR FROM
1435-THE DATE OF DECERTIFICATION
1436-.
1264+ CONTROVERSY CONCERNING AN ACTIVITY PROHIBITED BY14
1265+SUBSECTION (6)(a) OF THIS SECTION MAY BE SUBMITTED TO THE DIVISION15
1266+PURSUANT TO SECTION 8-3.3-106. UPON A FINDING THAT THE EXCLUSIVE16
1267+REPRESENTATIVE HAS VIOLATED SUBSECTION (6)(a) OF THIS SECTION, THE17
1268+DIRECTOR SHALL AWARD ANY APPROPRIATE RELIEF , INCLUDING18
1269+SANCTIONS, FINES, OR DECERTIFICATION . IF AN EXCLUSIVE19
1270+REPRESENTATIVE IS DECERTIFIED BY THE DIRECTOR , THE EMPLOYEE20
1271+ORGANIZATION MAY BEGIN THE CERTIFICATION PROCESS IN SECTION21
1272+8-3.3-108
1273+ AFTER ONE YEAR FROM THE DATE OF DECERTIFICATION .22
14371274 (c) N
1438-OTHING IN THIS SUBSECTION (6) PROHIBITS THE EXCLUSIVE
1439-REPRESENTATIVE FROM ENGAGING IN OTHER CONCERTED ACTIVITIES FOR
1440-THE PURPOSE OF THE COLLECTIVE BARGAINING PROCESS OR OTHER MUTUAL
1441-AID OR PROTECTION
1442-, WITHOUT INTERFERENCE, RESTRAINT, OR COERCION BY
1443-THE COUNTY
1444-.
1445-PAGE 28-SENATE BILL 22-230 (d) NOTHING IN THIS SECTION AFFECTS THE RIGHTS OF ANY COUNTY
1446-EMPLOYEE OR EMPLOYEE ORGANIZATION NOT COVERED BY THE EXPRESS
1447-TERMS OF THIS ARTICLE
1448-3.3.
1275+OTHING IN THIS SUBSECTION (6) PROHIBITS THE EXCLUSIVE23
1276+REPRESENTATIVE FROM ENGAGING IN OTHER CONCERTED ACTIVITIES FOR24
1277+THE PURPOSE OF THE COLLECTIVE BARGAINING PROCESS OR OTHER25
1278+MUTUAL AID OR PROTECTION , WITHOUT INTERFERENCE, RESTRAINT, OR26
1279+COERCION BY THE COUNTY.27
1280+230
1281+-35- (d) NOTHING IN THIS SECTION AFFECTS THE RIGHTS OF ANY COUNTY1
1282+EMPLOYEE OR EMPLOYEE ORGANIZATION NOT COVERED BY THE EXPRESS2
1283+TERMS OF THIS ARTICLE 3.3.3
14491284 8-3.3-116. Existing bargaining relationships. A
1450-N EXCLUSIVE
1451-REPRESENTATIVE DEEMED CERTIFIED PURSUANT TO THIS ARTICLE
1452-3.3 HAS
1453-THE RIGHT TO COLLECTIVELY BARGAIN MATTERS NOT COVERED BY AN
1454-EXISTING COLLECTIVE BARGAINING AGREEMENT NEGOTIATED PRIOR TO THE
1455-EFFECTIVE DATE OF THIS ARTICLE
1456-3.3 IF THE SUBJECTS PROPOSED FOR
1457-BARGAINING WERE OUTSIDE OF THE LAWFUL SCOPE OF BARGAINING PRIOR TO
1458-THE EFFECTIVE DATE OF THIS ARTICLE
1459-3.3.
1460-SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
1461-$326,092 is appropriated to the department of labor and employment. This
1462-appropriation is from the general fund. To implement this act, the
1463-department may use this appropriation as follows:
1464-(a) $266,950 for use by division of labor standards and statistics for
1465-program costs related to labor standards, which amount is based on an
1466-assumption that the division will require an additional 2.5 FTE; and
1467-(b) $59,142 for the purchase of legal services.
1468-(2) For the 2022-23 state fiscal year, $59,142 is appropriated to the
1469-department of law. This appropriation is from reappropriated funds received
1470-from the department of labor and employment under subsection (1)(b) of
1471-this section and is based on an assumption that the department of law will
1472-require an additional 0.3 FTE. To implement this act, the department of law
1473-may use this appropriation to provide legal services for the department of
1474-labor and employment.
1475-SECTION 4. Effective date. This act takes effect July 1, 2023;
1476-except that section 8-3.3-106, Colorado Revised Statutes, enacted in section
1477-2 of this act, and sections 3 through 5 of this act take effect July 1, 2022.
1478-SECTION 5. Safety clause. The general assembly hereby finds,
1479-PAGE 29-SENATE BILL 22-230 determines, and declares that this act is necessary for the immediate
1480-preservation of the public peace, health, or safety.
1481-____________________________ ____________________________
1482-Steve Fenberg Alec Garnett
1483-PRESIDENT OF SPEAKER OF THE HOUSE
1484-THE SENATE OF REPRESENTATIVES
1485-____________________________ ____________________________
1486-Cindi L. Markwell Robin Jones
1487-SECRETARY OF CHIEF CLERK OF THE HOUSE
1488-THE SENATE OF REPRESENTATIVES
1489- APPROVED________________________________________
1490- (Date and Time)
1491- _________________________________________
1492- Jared S. Polis
1493- GOVERNOR OF THE STATE OF COLORADO
1494-PAGE 30-SENATE BILL 22-230
1285+N EXCLUSIVE4
1286+REPRESENTATIVE DEEMED CERTIFIED PURSUANT TO THIS ARTICLE 3.3 HAS5
1287+THE RIGHT TO COLLECTIVELY BARGAIN MATTERS NOT COVERED BY AN6
1288+EXISTING COLLECTIVE BARGAINING AGREEMENT NEGOTIATED PRIOR TO7
1289+THE EFFECTIVE DATE OF THIS ARTICLE 3.3 IF THE SUBJECTS PROPOSED FOR8
1290+BARGAINING WERE OUTSIDE OF THE LAWFUL SCOPE OF BARGAINING PRIOR9
1291+TO THE EFFECTIVE DATE OF THIS ARTICLE 3.3.10
1292+SECTION 3. Appropriation. (1) For the 2022-23 state fiscal
1293+11
1294+year, $326,092 is appropriated to the department of labor and12
1295+employment. This appropriation is from the general fund. To implement13
1296+this act, the department may use this appropriation as follows:14
1297+(a) $266,950 for use by division of labor standards and statistics15
1298+for program costs related to labor standards, which amount is based on an16
1299+assumption that the subdivision will require an additional 2.5 FTE; and17
1300+(b) $59,142 for the purchase of legal services.18
1301+(2) For the 2022-23 state fiscal year, $59,142 is appropriated to the19
1302+department of law. This appropriation is from reappropriated funds20
1303+received from the department of labor and employment under subsection21
1304+(1)(b) of this section and is based on an assumption that the department of22
1305+law will require an additional 0.3 FTE. To implement this act, the23
1306+department of law may use this appropriation to provide legal services for24
1307+the department of labor and employment.25
1308+SECTION 4. Effective date. This act takes effect July 1, 2023;26
1309+except that section 8-3.3-106, Colorado Revised Statutes, enacted in27
1310+230
1311+-36- section 2 of this act, and sections 3 through 5 of this act take effect July1
1312+1, 2022.2
1313+SECTION 5. Safety clause. The general assembly hereby finds,3
1314+determines, and declares that this act is necessary for the immediate4
1315+preservation of the public peace, health, or safety.5
1316+230
1317+-37-