CO Code § 29-5-203 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 5 - Peace Officers and Firefighters|Part 2 - Collective Bargaining and Meet and Confer|§ 29-5-203. Definitions

 As used in this part 2, unless the context otherwise requires:    “Advisory fact-finder” means the person agreed upon by the parties or appointed by the American arbitration association, its successor organization, or a similar organization agreed upon by both parties in accordance with section 29-5-210.    “Bargaining unit” means all firefighters employed by the same public employer, excluding supervisors.    “Collective bargaining” means the performance of the mutual obligation of a public employer, through its designated representatives, and an exclusive representative to meet at reasonable times and places and negotiate in good faith with respect to compensation, hours, and terms and conditions of employment, to meet and negotiate in good faith any question arising under a collective bargaining agreement, and to execute a written contract incorporating any agreements reached.    “Collective bargaining agreement” means an agreement negotiated between an exclusive representative and a public employer, including one accepted by the parties after fact-finding, in addition to any terms approved by the registered electors of a public employer pursuant to section 29-5-210.    “Collective bargaining provisions of this part 2” means all of this part 2; except that sections 29-5-202, 29-5-203 (7), (13), and (14); 29-5-204 (1)(a), (1)(e), (2), and (3); 29-5-205; 29-5-211; 29-5-212 (4) and (5); 29-5-213; and 29-5-214 shall apply to all public employers and firefighters without regard to section 29-5-206.    “Compensation” means base wages or salary; any form of direct monetary payments; employer-paid health, accident, life, and disability insurance programs; employer-paid pension programs, including the amount of pension and contributions to the extent not controlled by law; deferred compensation; retiree health programs; paid time off; uniform and equipment allowances; expense reimbursement; and all eligibility conditions for compensation.    “Employee organization” means an organization that admits firefighters employed by a public employer to membership and represents firefighters in collective bargaining or the meet and confer process. “Employee organization” includes a person acting as an officer, representative, or agent of an employee organization.    “Exclusive representative” means the employee organization recognized by the public employer or named in a petition filed pursuant to section 29-5-206.    “Final offer” means the latest written offer made by an exclusive representative to a public employer and by a public employer to an exclusive representative at least seven days prior to the beginning of an impasse resolution hearing as described in section 29-5-210.    “Firefighter” means an employee of a public employer whose primary duties are directly involved with the provision of fire protection or firefighting services. “Firefighter” does not include clerical personnel or volunteer firefighters as defined in section 31-30-1102, C.R.S.    “General election” means a general municipal election, regular special district board election, statewide primary election, or statewide general election.    “Party” means an exclusive representative or a public employer.    “Public employer” means a municipality, including a home rule municipality, special district, fire authority, or county improvement district, that offers fire protection service and employs two or more firefighters.    “Strike” means the following concerted actions taken by members of a bargaining unit for the purpose of inducing, influencing, or coercing a change in the terms and conditions of employment, compensation, rights, privileges, or obligations of employment:   Failure to report for duty;    Willful absence from a position;    Stopping or deliberately slowing work;    Withholding, in whole or in part, the full, faithful, and proper performance of duties of employment; or    Interrupting the operations of the public employer.       “Supervisor” means the chief and all officers in the rank or position immediately below the chief who report directly to the chief. No other firefighter is included in the definition of supervisor for the purposes of this part 2.    “Terms and conditions of employment” means compensation, hours, and all matters affecting the employment of firefighters, including items related to safety, except the budget and organizational structure of the public employer.     History. Source: L. 2013: Entire part added, (SB 13-025), ch. 408, p. 2402, § 1, effective June 5.