SENATE BILL 23-111
BY SENATOR(S) Rodriguez, Danielson, Exum, Gonzales, Jaquez Lewis,
Kolker, Marchman, Moreno, Priola, Sullivan, Winter F.;
also REPRESENTATIVE(S) Woodrow and Titone, Amabile, Bacon, Bird,
Brown, Daugherty, deGruy Kennedy, Duran, English, Epps, Froelich,
Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Lukens, Mabrey, Martinez, McLachlan, Ortiz, Sharbini,
Sirota, Story, Valdez, Velasco, Vigil, Weissman, Willford.
C
ONCERNING PUBLIC EMPLOYEES ' WORKPLACE PROTECTION FROM
EMPLOYER RETALIATION
, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 33 to title
29 as follows:
ARTICLE 33
Protections For Public Workers
29-33-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 33 IS THE
"PROTECTIONS FOR PUBLIC WORKERS ACT".
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 29-33-102. Legislative declaration. (1) T HE GENERAL ASSEMBLY
HEREBY DECLARES THAT PUBLIC EMPLOYEES ARE THE BACKBONE OF THE
STATE AND ENSURE THAT
COLORADANS HAVE ACCESS TO STRONG PUBLIC
SERVICES
. HOWEVER, BECAUSE PUBLIC EMPLOYEES ARE EXEMPT FROM
PROTECTIONS AFFORDED BY THE
"NATIONAL LABOR RELATIONS ACT" AND
THE
"COLORADO LABOR PEACE ACT", WHEN THEY SPEAK OUT ON ISSUES IN
THEIR WORKPLACE OR COME TOGETHER WITH THEIR COWORKERS TO
IMPROVE THEIR WORKING CONDITIONS
, THEY CAN BE DISCIPLINED AND
TERMINATED
. THE GENERAL ASSEMBLY FURTHER DECLARES THAT PUBLIC
EMPLOYEES SHOULD HAVE THE FOLLOWING RIGHTS AND SHOULD BE
PROTECTED FROM RETALIATION
, INCLUDING DISCIPLINE OR TERMINATION, IF
THEY CHOOSE TO EXERCISE THESE RIGHTS
:
(a) T
O SPEAK OUT ON ISSUES OF PUBLIC CONCERN AND FULLY
ENGAGE IN THE POLITICAL PROCESS OUTSIDE OF WORK IN THE SAME MANNER
AS OTHER CITIZENS OF
COLORADO;
(b) T
O SPEAK OUT ABOUT CONCERNS WITH THE TERMS AND
CONDITIONS OF THEIR EMPLOYMENT
;
(c) T
O ENGAGE IN PROTECTED CONCERTED ACTIVITY FOR THE
PURPOSE OF MUTUAL AID OR PROTECTION
;
(d) T
O ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE
ORGANIZATION OR TO REFRAIN FROM DOING SO
; AND
(e) TO PURSUE AN EMPLOYEE ORGANIZATION WITH THEIR
COWORKERS WITHOUT INTERFERENCE
.
29-33-103. Definitions. A
S USED IN THIS ARTICLE 33, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
OUNTY" MEANS ONLY:
(a) A
CITY AND COUNTY; AND
(b) A COUNTY WITH A POPULATION OF LESS THAN SEVEN THOUSAND
FIVE HUNDRED PEOPLE PURSUANT TO THE OFFICIAL FIGURES OF THE MOST
RECENT
UNITED STATES DECENNIAL CENSUS.
PAGE 2-SENATE BILL 23-111 (2) "DIVISION" MEANS THE DIVISION OF LABOR STANDARDS AND
STATISTICS WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT
.
(3) "E
MPLOYEE ORGANIZATION " MEANS AN ORGANIZATION
INDEPENDENT OF THE EMPLOYER IN WHICH PUBLIC EMPLOYEES MAY
PARTICIPATE AND THAT EXISTS FOR THE PURPOSE
, IN WHOLE OR IN PART, OF
ACTING ON BEHALF OF AND FOR THE BENEFIT OF THE PUBLIC EMPLOYEES
CONCERNING PUBLIC EMPLOYEE GRIEVANCES
, LABOR DISPUTES, WAGES,
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT . "EMPLOYEE
ORGANIZATION
" INCLUDES ANY AGENTS OR REPRESENTATIVES OF THE
EMPLOYEE ORGANIZATION DESIGNATED BY THE EMPLOYEE ORGANIZATION
.
(4) "G
OVERNING BODY" MEANS THE ELECTED OR APPOINTED
REPRESENTATIVE BODY OF A PUBLIC EMPLOYER
.
(5) "P
UBLIC EMPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY A
PUBLIC EMPLOYER
; EXCEPT THOSE EMPLOYEES EMPLOYED IN THE PERSONNEL
SYSTEM OF THE STATE ESTABLISHED IN SECTION
13 OF ARTICLE XII OF THE
STATE CONSTITUTION
, OR EMPLOYEES EMPLOYED BY AN EMPLOYER , AS
DEFINED IN SECTION
8-3-104 (12).
(6) "P
UBLIC EMPLOYER" MEANS:
(a) A
COUNTY OR A MUNICIPALITY;
(b) A
DISTRICT, BUSINESS IMPROVEMENT DISTRICT, SPECIAL DISTRICT
CREATED PURSUANT TO TITLE
32, AUTHORITY, OR OTHER POLITICAL
SUBDIVISION OF THE STATE
, A COUNTY, OR A MUNICIPALITY;
(c) T
HE COLORADO SCHOOL FOR THE DEAF AND THE BLIND ,
ESTABLISHED IN ARTICLE 80 OF TITLE 22;
(d) A
STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN
SECTION
23-18-102 (10)(a), AND A LOCAL DISTRICT COLLEGE OPERATING
PURSUANT TO ARTICLE
71 OF TITLE 23;
(e) T
HE OFFICE OF STATE PUBLIC DEFENDER CREATED IN SECTION
21-1-101;
(f) T
HE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY CREATED
PAGE 3-SENATE BILL 23-111 IN SECTION 23-21-503;
(g) T
HE DENVER HEALTH AND HOSPITAL AUTHORITY CREATED IN
SECTION
25-29-103;
(h) T
HE JOINT BUDGET COMMITTEE STAFF, THE LEGISLATIVE COUNCIL
STAFF
, THE OFFICE OF LEGISLATIVE LEGAL SERVICES , THE STAFF OF THE
OFFICE OF THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES
, AND THE
SENATE SERVICES STAFF
;
(i) T
HE MAJORITY AND MINORITY CAUCUS STAFF OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE
;
(j) A
BOARD OF COOPERATIVE SERVICES ESTABLISHED PURSUANT TO
THE
"BOARDS OF COOPERATIVE SERVICES ACT OF 1965", ARTICLE 5 OF TITLE
22.
(XI) A
NY SCHOOL DISTRICT AS DEFINED IN SECTION 22-7-1003 (20);
(XII) A
DISTRICT CHARTER SCHOOL PURSUANT TO PART 1 OF ARTICLE
30.5 OF TITLE 22; OR
(XIII) AN INSTITUTE CHARTER SCHOOL WHICH MEANS A CHARTER
SCHOOL AUTHORIZED BY THE STATE CHARTER SC HOOL INSTITUTE PURSUANT
TO PART
5 OF ARTICLE 30.5 OF TITLE 22.
(7) "U
NFAIR LABOR PRACTICE" MEANS A VIOLATION OF THE RIGHTS
OR OBLIGATIONS DESCRIBED IN THIS ARTICLE
33. NOTHING IN THIS ARTICLE
33 SHALL BE CONSTRUED TO MEAN THE RIGHT OR OBLIGATION TO RECOGNIZE
OR TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT
.
29-33-104. Protections for public workers. (1) E
XCEPT AS
PROVIDED IN SUBSECTION
(2) OF THIS SECTION, A PUBLIC EMPLOYEE HAS THE
RIGHT TO
:
(a) D
ISCUSS OR EXPRESS THE PUBLIC EMPLOYEE'S VIEWS REGARDING
PUBLIC EMPLOYEE REPRESENTATION
, WORKPLACE ISSUES, OR THE RIGHTS
GRANTED TO THE PUBLIC EMPLOYEE IN THIS ARTICLE
33;
(b) E
NGAGE IN PROTECTED, CONCERTED ACTIVITY FOR THE PURPOSE
PAGE 4-SENATE BILL 23-111 OF MUTUAL AID OR PROTECTION;
(c) F
ULLY PARTICIPATE IN THE POLITICAL PROCESS WHILE OFF DUTY
AND NOT IN UNIFORM
, INCLUDING:
(I) S
PEAKING WITH MEMBERS OF THE PUBLIC EMPLOYER 'S
GOVERNING BODY ON TERMS AND CONDITIONS OF EMPLOYMENT AND ANY
MATTER OF PUBLIC CONCERN
; AND
(II) ENGAGING IN OTHER POLITICAL ACTIVITIES IN THE SAME MANNER
AS OTHER CITIZENS OF
COLORADO, WITHOUT DISCRIMINATION ,
INTIMIDATION, OR RETALIATION; AND
(d) ORGANIZE, FORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION
OR REFRAIN FROM ORGANIZING
, FORMING, JOINING, OR ASSISTING AN
EMPLOYEE ORGANIZATION
.
(2) A
PUBLIC EMPLOYER DESCRIBED IN SECTION 29-33-103 (6)(h)
MAY LIMIT THE RIGHTS OF AN EMPLOYEE DESCRIBED IN 29-33-104 (1)(c) TO
THE EXTENT NECESSARY TO MAINTAIN THE NONPARTISAN ROLE OF THE
EMPLOYER
.
(3) A
PUBLIC EMPLOYER SHALL NOT:
(a) D
ISCRIMINATE AGAINST, COERCE, INTIMIDATE, INTERFERE WITH,
OR IMPOSE REPRISALS AGAINST, OR THREATEN TO DISCRIMINATE AGAINST ,
COERCE, INTIMIDATE, INTERFERE WITH, OR IMPOSE REPRISALS AGAINST, ANY
PUBLIC EMPLOYEE FOR ENGAGING IN ANY OF THE RIGHTS DESCRIBED IN THIS
ARTICLE
33;
(b) D
OMINATE OR INTERFERE IN THE ADMINISTRATION OF AN
EMPLOYEE ORGANIZATION
; OR
(c) DISCHARGE OR DISCRIMINATE AGAINST A PUBLIC EMPLOYEE
BECAUSE THE PUBLIC EMPLOYEE HAS FILED AN AFFIDAVIT
, PETITION, OR
COMPLAINT OR GIVEN ANY INFORMATION OR TESTIMONY PURSUANT TO THIS
ARTICLE
33, OR BECAUSE THE PUBLIC EMPLOYEE HAS FORMED , JOINED,
ASSISTED, OR CHOSEN TO BE REPRESENTED BY AN EMPLOYEE ORGANIZATION .
29-33-105. Enforcement - rules. (1) A
N AGGRIEVED PARTY IS
PAGE 5-SENATE BILL 23-111 BARRED FROM FILING A CLAIM THAT ALLEGES THAT A PUBLIC EMPLOYER HAS
VIOLATED THIS ARTICLE
33 UNLESS THE CLAIM IS FILED WITHIN SIX MONTHS
AFTER THE DATE ON WHICH THE AGGRIEVED PARTY KNEW OR REASONABLY
SHOULD HAVE KNOWN OF THE ALLEGED VIOLATION
.
(2) T
HE DIVISION SHALL ENFORCE THE RIGHTS AND OBLIGATIONS OF
THIS ARTICLE
33 AND PROMULGATE RULES AS MAY BE NECESSARY TO
IMPLEMENT THIS ARTICLE
33. THE DIVISION MUST CONSIDER THE UNIQUE
CIRCUMSTANCES OF RURAL COUNTIES
AS DEFINED IN SECTION 29-33-103
(1)(b)
IN ASSIGNING REMEDIES DURING THE RULEMAKING PROCESS . THE
DIVISION SHALL CREATE AND ADMINISTER A PROCESS TO ACCEPT
, REVIEW,
AND INVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING A VIOLATION
THAT
, IN THE DIRECTOR'S GOOD FAITH DISCRETION AND JUDGMENT ,
WARRANTS INVESTIGATION . THE DIVISION ALSO MAY:
(a) P
UBLISH GUIDANCE ON OTHER POSSIBLE EMPLOYEE REDRESS FOR
THOSE WHOSE CLAIMS ARE NOT INVESTIGATED
; AND
(b) AT ITS DISCRETION, PROVIDE ALTERNATIVE DISPUTE RESOLUTION
CONSISTENT WITH SECTIONS
8-3-112 AND 8-3-113.
(3) T
HE DIVISION HAS THE AUTHORITY TO ADJUDICATE UNFAIR
LABOR PRACTICE CHARGES AND ISSUE DECISIONS PURSUANT TO ARTICLE
3
OF TITLE 8.
(4) A
PARTY MAY APPEAL THE DIVISION'S FINAL DECISION TO THE
COLORADO COURT OF APPEALS AND THE COURT 'S REVIEW MUST BE LIMITED
TO DETERMINING WHETHER THE DIVISION HAS EXCEEDED ITS JURISDICTION
OR ABUSED ITS DISCRETION BASED ON THE EVIDENCE IN THE RECORD BEFORE
THE DIVISION
.
(5) T
HE COURT OF APPEALS SHALL UPHOLD THE ACTION OF THE
DIVISION AND TAKE APPROPRIATE STEPS TO ENFORCE THE ACTION UNLESS
THE COURT CONCLUDES THAT THE FINAL DECISION IS
:
(a) A
RBITRARY, CAPRICIOUS, OR AN ABUSE OF DISCRETION; OR
(b) OTHERWISE NOT IN ACCORDANCE WITH LAW .
(6) T
HE DIVISION MAY ENFORCE PROVISIONS OF THIS ARTICLE 33
PAGE 6-SENATE BILL 23-111 THROUGH THE IMPOSITION OF APPROPRIATE ADMINISTRATIVE REMEDIES ,
INCLUDING REMEDIES TO ADDRESS ANY LOSS SUFFERED BY A PUBLIC
EMPLOYEE OR GROUP OF PUBLIC EMPLOYEES FROM UNLAWFUL CONDUCT
.
(7) A
NY FUNDS APPROPRIATED TO COVER THE DIVISION 'S COSTS
RELATING TO THE ENFORCEMENT OF THIS ARTICLE
33 MUST BE FROM THE
GENERAL FUND
.
(8) N
O PUBLIC EMPLOYER HAS THE AUTHORITY TO WAIVE ANY
PROVISIONS OF THIS ARTICLE
, AND ANY LAW, RULE, OR POLICY THAT
AUTHORIZES A WAIVER IS NULL AND VOID
.
SECTION 2. In Colorado Revised Statutes, add 29-5-215 as
follows:
29-5-215. Protect public workers. O
N AND AFTER THE EFFECTIVE
DATE OF ARTICLE
33 OF THIS TITLE 29, FIREFIGHTERS SHALL HAVE ALL THE
RIGHTS AND PROTECTIONS ENUMERATED UNDER ARTICLE
33 OF THIS TITLE
29.
SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year,
$151,751 is appropriated to the department of labor and employment. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $94,651 for use by the division of labor standards and statistics
for program costs related to labor standards, which amount is based on an
assumption that the division will require an additional 0.9 FTE; and
(b) $57,100 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $57,100 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of labor and employment under subsection (1)(b) of
this section and is based on an assumption that the department of law will
require an additional 0.3 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
labor and employment.
SECTION 4. Act subject to petition - effective date. Section
PAGE 7-SENATE BILL 23-111 29-33-105 (3) of this act takes effect on July 1, 2024, and the remainder of
this act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 23-111