reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-111 - Protection of employees when authority acquires certain operations

(1)
Before any authority may acquire and operate any property of a privately or publicly owned mass transportation system, fair and equitable protective arrangements, as determined by the director, shall be made to insure certain rights of employees. Such protective arrangements shall include, without being limited to, such provisions as may be necessary to accomplish the following objectives:
(a)
The preservation of existing rights, privileges, and benefits of employees under existing collective bargaining agreements between the mass transportation system and the employees thereof, including the continuation of all pension rights and benefits of the employees and their beneficiaries;
(b)
The continuation of all collective bargaining in any situation existing at the time of such acquisition and the assurance of employment of all the employees of such mass transportation system so acquired;
(c)
The protection of all individual employees with respect to their employment, including priorities, seniorities, and right of advancement when in agreement with any existing collective bargaining agreement;
(d)
Training and retraining programs of employees and managing personnel.
(2)
The contract whereby an authority acquires any property of a privately or publicly owned mass transportation system shall specify with particularity, the terms and conditions of all the protective arrangements set forth in this section, including all other protective arrangements which may be added through collective bargaining or by direction of the director.
(3)
The determination of the sufficiency of protective arrangements shall be made by the director in accordance with such rules and regulations as the commission may from time to time establish.
L. 43: p. 409, § 9. CSA: C. 97, § 94 (9). CRS 53: § 80-5-9. L. 65: p. 811, § 3. C.R.S. 1963: § 80-4-9. L. 69: p. 600, § 77.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-112 - Arbitration

(1)
Parties to a labor dispute may agree in writing to have the director act as arbitrator or to name arbitrators to arbitrate all or any part of such dispute, and thereupon the director shall have the power so to act. The director shall appoint as arbitrators only competent, impartial, and disinterested persons. Proceedings in any such arbitration shall be as provided by the rules of arbitration under the Colorado rules of civil procedure.
(2)
All parties to any labor dispute when the employer is an authority shall submit to arbitration upon written order of the director when such written order is the result of the procedure set forth in section
8-3-113(3)
. Any order so given shall be subject to appeal within five days of the receipt of such order by either the employee's representative or the authority, who are parties in interest. Appeal of the order shall be made to the district court in the judicial district where the most substantial number of the employees concerned are employed. Such court shall either confirm, deny, amend, or continue the order within sixty days following the application for appeal. The results of any arbitration conducted in accordance with the procedure set forth in this article shall be binding upon all parties in interest with the right of appeal to any court of competent jurisdiction on the grounds that the director or arbitration board has been unfair, capricious, or unjust in its conduct, determinations, or award.
L. 43: p. 409, § 10. CSA: C. 97, § 94(10). CRS 53: § 80-5-10. C.R.S. 1963: § 80-4-10. L. 65: p. 812, § 4. L. 69: p. 600, § 78.
For director's duty in relation to arbitration, see § 8-1-123.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-114 - Duties of attorney general and district attorneys

Upon the request of the director, the attorney general or the district attorney of the county in which a proceeding is brought before the district court for the purpose of enforcing or reviewing an order of the director shall appear and act as counsel for the director in such proceeding and in any proceeding to review the action of the district court affirming, modifying, or reversing such order.
L. 43: p. 410, § 12. CSA: C. 97, § 94(12). CRS 53: § 80-5-12. C.R.S. 1963: § 80-4-12. L. 69: p. 602, § 80. L. 86: Entire section amended, p. 471, § 28, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-115 - Employer and employee committees

The director, from time to time, may appoint joint, standing, or special committees composed in equal numbers of representatives of employees and employers. The director may refer to any such committee for its study and advice any matters concerning the relations of employers and employees or the operation of this article.
L. 43: p. 410, § 13. CSA: C. 97, § 94(13). CRS 53: § 80-5-13. C.R.S. 1963: § 80-4-13. L. 69: p. 602, § 81.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-116 - Interference with director - officer of division

Any person who willfully assaults, resists, prevents, impedes, or interferes with the director or any officer, deputy, agent, or employee of the division or any of its agencies in the performance of duties pursuant to this article 3 commits a class 2 misdemeanor.
Amended by 2021 Ch. 462,§ 85, eff. 3/1/2022.
L. 43: p. 411, § 14. CSA: C. 97, § 94(14). CRS 53: § 80-5-14. C.R.S. 1963: § 80-4-14. L. 69: p. 602, § 82. L. 86: Entire section amended, p. 472, § 29, effective July 1.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-117 - Existing contracts unaffected

Nothing in this article shall operate to abrogate, annul, or modify any valid agreement respecting employment relations existing on or before April 1, 1943.
L. 43: p. 411, § 15. CSA: C. 97, § 94(15). CRS 53: § 80-5-15. C.R.S. 1963: § 80-4-15.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-118 - Jurisdiction to issue restraining orders or injunctions

(1)
Except as otherwise provided in this article, no court has jurisdiction to issue in any case involving or growing out of a labor dispute any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person from doing, whether singly or in concert, any of the following acts:
(a)
Ceasing or refusing to perform any work or to remain in any relation of employment, regardless of any promise, undertaking, contract, or agreement to do such work or to remain in such employment;
(b)
Becoming or remaining a member of any labor organization or of any employer organization, regardless of any undertaking or promise as is described in section
8-3-119
;
(c)
Paying or giving to or withholding from any person any strike or unemployment benefits or insurance or other moneys or things of value;
(d)
Aiding, by all lawful means, any person who is being proceeded against in, or is prosecuting any action or suit in, any court of this state;
(e)
Giving publicity to and obtaining or communicating information regarding the existence of or the facts involved in any dispute, whether by advertising, speaking, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat thereof;
(f)
Ceasing as an organization to patronize any person with whom the organization has a labor dispute or requiring it to employ any person;
(g)
Assembling peaceably to do or to organize to do any of the acts specified in this section or to promote lawful interests;
(h)
Advising or notifying any person of an intention to do any of the acts specified in this section;
(i)
Agreeing with other persons to do or not to do any of the acts specified in this section;
(j)
Advising, urging, or inducing, without fraud, violence, or threat thereof, others to do the acts specified in this section, regardless of any such undertaking or promise as is described in section
8-3-119
;
(k)
Doing in concert any acts specified in this section on the ground that the persons engaged therein constitute an unlawful combination or conspiracy.
L. 43: p. 411, § 16. CSA: C. 97, § 94(16). CRS 53: § 80-5-16. C.R.S. 1963: § 80-4-16.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-119 - Relations contrary to public policy

(1)
The following is declared to be contrary to public policy and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise or against any other persons who may advise, urge, or induce, without fraud, violence, or threat thereof, either party thereto to act in disregard of the undertaking or promise: Every undertaking or promise made on or after April 1, 1943, whether written or oral, express or implied, between any employee or prospective employee and his employer, prospective employer, or any other individual, firm, company, association, or corporation, whereby:
(a)
Either party thereto undertakes or promises to join or to remain a member of some specific labor organization or to join or remain a member of some specific employer organization or any employer organization; or
(b)
Either party thereto undertakes or promises not to join or not to remain a member of some specific labor organization or of some specific employer organization or any employer organizations; or
(c)
Either party thereto undertakes or promises that he will withdraw from an employment relation in the event that he joins or remains a member of some specific labor organization or any labor organization or of some specific employer organization or any employer organization.
L. 43: p. 412, § 17. CSA: C. 97, § 94(17). CRS 53: § 80-5-17. C.R.S. 1963: § 80-4-17.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-120 - Conflict of provisions

Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this article, this article shall prevail; except that, in any situation where the provisions of this article cannot be validly enforced, the provisions of such other statutes or laws shall apply.
L. 43: p. 413, § 18. CSA: C. 97, § 94(18). CRS 53: § 80-5-18. C.R.S. 1963: § 80-4-18.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-121 - Civil liability for damages

(1)
Any person who suffers injury because of an unfair labor practice has a right of action, jointly and severally, against all persons participating in said practice for damages caused to the injured person thereby.
(2)
If, in accordance with this article or otherwise, persons otherwise unwilling to do so are induced to violate contracts of employment or for services or materials, any person injured thereby shall be entitled to recover and have judgment therefor at law against the persons, jointly and severally, so inducing the violation of such obligations.
L. 43: p. 416, § 22. CSA: C. 97, § 94(22). CRS 53: § 80-5-19. C.R.S. 1963: § 80-4-19.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-122 - Penalty for violation

Any person, firm, or corporation who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined for the first offense not less than fifty dollars nor more than one hundred dollars and for the second and subsequent offenses not less than one hundred dollars nor more than five hundred dollars, together with costs.
L. 43: p. 417, § 23. CSA: C. 97, § 94(23). CRS 53: § 80-5-20. C.R.S. 1963: § 80-4-20. L. 64: p. 389, § 25.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3 - LABOR PEACE ACT (§§ 8-3-101 — 8-3-123) › Section 8-3-123 - Nonapplicability of other statutes

The provisions of sections
8-1-108
,
8-1-120
, and
8-1-123
shall not apply to this article, but this article and the administration thereof are governed and controlled as to all matters contained in sections
8-1-108
,
8-1-120
, and
8-1-123
by the special provisions of this article.
L. 43: p. 417, § 25. CSA: C. 97, § 94(25). CRS 53: § 80-5-22. C.R.S. 1963: § 80-4-22. L. 76: Entire section amended, p. 297, § 12, effective May 20.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-101 - Short title

The short title of this article 3.3 is the "Collective Bargaining by County Employees Act".
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-103 - County employees - rights - obligations

(1)
County employees have the right to:
(a)
Self-organize;
(b)
Form, join, or assist an employee organization;
(c)
Engage in the collective bargaining process and the formation of a collective bargaining agreement through representatives of their own choosing;
(d)
Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; and
(e)
Refrain from any or all concerted activities without interference, constraint, or coercion by a county or an employee organization.
(2)
County employees have the right to communicate with one another and with employee organization representatives concerning organization, representation, workplace issues, collective bargaining, and the business and programs of an employee organization at county employee work sites and by means of e-mail systems, text messages, or other electronic communications; telephone; paper documents; and other means of communication subject to reasonable restrictions. Upon certification of an exclusive representative, the restrictions must be determined through collective bargaining.
(3)
County employees have the right to have their exclusive representative be present at:
(a)
Any formal discussion between one or more representatives of the county and one or more county employees in the bargaining unit or their representatives concerning a grievance, a personnel policy or practice, or any other general condition of employment; or
(b)
Any examination of a county employee in the bargaining unit by a representative of the county in connection with an investigation if:
(I)
The county employee reasonably believes that the examination may result in disciplinary action against the county employee; and
(II)
The county employee requests representation.
(4)
The discussions described in subsection (3)(a) of this section do not include informal discussions or ordinary coaching conversations between county employees and their managers or supervisors.
(5)
A county shall annually inform its county employees in a bargaining unit who are represented by an exclusive representative of their rights under subsection (3)(b) of this section.
(6)
County employees have the right to fully participate in the political process. County employees, during nonworking hours, may speak with members of the public and the county on any matter of public concern, including the terms and conditions of their employment, and may engage in other political activities in the same manner as other residents of Colorado, without discrimination, intimidation, or retaliation.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-105 - Counties - rights

(1)
Unless otherwise agreed to by a county in a collective bargaining agreement, this article 3.3 does not impair the right and responsibility of each county to:
(a)
Determine and carry out any mission, initiative, task force, agenda, policy, or program of any department, division, office, or other subdivision of the county;
(b)
Establish and oversee a budget, finances, and accounting;
(c)
Determine the utilization of technology;
(d)
Negotiate, procure, and administer contracts that the county has lawful authority to enter;
(e)
Make, amend, enforce, or revoke reasonable personal conduct rules subject to its obligation to collectively bargain with an exclusive representative; or
(f)
Take actions as may be necessary to carry out any government function during an emergency declared by a competent authority.
(2)
Nothing in this article 3.3 or in a collective bargaining agreement may restrict, duplicate, or usurp any responsibility or authority granted to the county commissioners of any county by the state constitution, a home rule county charter, or any other state law.
(3)
Nothing in this article 3.3 prevents a county from convening or engaging in discussions with any county employee or group of county employees to accomplish the rights and responsibilities described in subsection (1) of this section.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-107 - Judicial enforcement

The director or any party of interest may request the appropriate district court to enforce orders issued pursuant to this article 3.3, including those for appropriate temporary relief and restraining orders. The court shall consider the request for enforcement based on the record made before the director or hearing officer. The court shall uphold the action of the director or hearing officer and take appropriate action to enforce the action, unless the court concludes that the order is unlawful pursuant to section
24-4-106(7)(b)
.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-108 - Certification of the employee organization as the exclusive representative - rules

(1)
(a)
On and after July 1, 2023, the director shall certify and a county shall recognize an employee organization as the exclusive representative of a bargaining unit upon a secret ballot election in which the employee organization receives more than fifty percent of the valid ballots cast. An election shall take place when, in accordance with rules promulgated by the director, a petition is filed by an employee organization containing a showing of interest of at least thirty percent of the county employees in a bargaining unit.
(b)
The sufficiency of the showing of interest in a representation election for exclusive representation is an administrative determination made by the director or the director's designee and is not subject to challenge by any person. The director shall not disclose the identity of any county employee who has participated in the showing of interest to any person.
(2)
(a)
The director shall deem an employee organization certified as the exclusive representative if, on or before January 1, 2022, a county recognized the employee organization as the exclusive representative of a bargaining unit. The employee organization must be certified as the exclusive representative for the bargaining unit until or unless the employee organization is decertified as the exclusive representative in accordance with this article 3.3.
(b)
The director shall deem an employee organization certified as the exclusive representative if a county, after January 1, 2022, and before July 1, 2023, recognized the employee organization as the exclusive representative and the recognition was based on a demonstration of majority support by the employee organization or the employee organization was selected in a secret ballot election by a majority of bargaining unit county employees voting in the election. The employee organization must be certified as the exclusive representative of the bargaining unit until or unless the employee organization is decertified as the exclusive representative in accordance with this article 3.3.
(c)
No county employee positions in a deemed certified bargaining unit may be excluded from the bargaining unit, except by agreement of the exclusive representative and the county.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-110 - Determination of appropriate bargaining unit

(1)
The director shall, upon receipt of a petition for a representation election, designate the appropriate bargaining unit for collective bargaining in accordance with this section. The designation must be determined by:
(a)
Consent of the parties; or
(b)
If there is not agreement between the parties, an administrative determination of the director.
(2)
In determining the appropriateness of a bargaining unit, the director shall consider:
(a)
The desires of the public employees;
(b)
The similarity of duties, skills, and working conditions of the public employees involved;
(c)
The wages, hours, and other working conditions of the public employees;
(d)
The administrative structure and size of the public employer;
(e)
The history of collective bargaining with that public employer, if any, and with similar public employers; and
(f)
Other factors that are normally or traditionally taken into consideration in determining the appropriateness of bargaining units in the public sector.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-111 - Decertification of exclusive representative - rules

(1)
A county employee in a bargaining unit or an employee organization may initiate decertification of the employee organization as the exclusive representative upon submission to the director of a showing of interest demonstrating that thirty percent of the county employees in the appropriate bargaining unit request decertification of the existing exclusive representative or a showing of interest demonstrating that thirty percent of the county employees in the bargaining unit authorize an employee organization other than the exclusive representative to represent them for purposes of collective bargaining. Decertification elections must be held in a manner similar to certification elections, as specified in rules promulgated by the director, so long as an incumbent exclusive representative employee organization is not required to file a showing of interest to be placed on the ballot.
(2)
If there is a collective bargaining agreement in effect, a petition for a decertification election may be made to the director no earlier than ninety days and no later than sixty days prior to the expiration of the collective bargaining agreement; except that a request for an election may be filed at any time after the expiration of the third year of a collective bargaining agreement that has a term of more than three years.
(3)
If an exclusive representative has been certified but no collective bargaining agreement is in effect, the director shall not act on a request for a decertification election earlier than twelve months after the certification of an employee organization as the exclusive representative.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-112 - Obligation to negotiate in good faith

(1)
The county and the exclusive representative or its representative have the authority and the obligation to collectively bargain in good faith. The obligation to collectively bargain in good faith does not compel either party to agree to a proposal or make a concession.
(2)
The obligation to collectively bargain in good faith:
(a)
Requires a county, upon request of the exclusive representative, to provide information that may be relevant to the terms and conditions of employment or the interpretation of the collective bargaining agreement;
(b)
Includes a county's duty to furnish data to the exclusive representative that:
(I)
Is normally maintained by the county in the regular course of business; and
(II)
Is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining or subject to a grievance under a collective bargaining agreement; and
(c)
Does not include an obligation to furnish information that constitutes guidance, advice, counsel, or training provided for managerial employees or executive employees relating to collective bargaining.
(3)
Collective bargaining between a single county and an employee organization serving as the exclusive representative of more than one bargaining unit of county employees must be consolidated upon the request of the county.
(4)
An exclusive representative and a county shall make a good faith effort to complete negotiations so that the terms of a collective bargaining agreement may be effectively considered by the board of county commissioners during the adoption of the county budget. The board of county commissioners is not obligated to make an appropriation of funds necessary to fund the terms of a collective bargaining agreement reached after October 15 of the year prior to the budget year if the exclusive representative has not been certified prior to June 1 of the current year unless otherwise agreed upon by both parties.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.3 - COLLECTIVE BARGAINING BY COUNTY EMPLOYEES (§§ 8-3.3-101 — 8-3.3-116) › Section 8-3.3-116 - Existing bargaining relationships

An exclusive representative deemed certified pursuant to this article 3.3 has the right to collectively bargain matters not covered by an existing collective bargaining agreement negotiated prior to July 1, 2023, if the subjects proposed for bargaining were outside of the lawful scope of bargaining prior to July 1, 2023.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.5 - [Repealed] NONIMMIGRANT AGRICULTURAL SEASONAL WORKER PILOT PROGRAM (§ 8-3.5-101) › Section 8-3.5-101 - to 8-3.5-114 - [Repealed]

(1) This article was added in 2008 and was not amended prior to its repeal in 2014.
(2) Section 8-3.5-114 provided for the repeal of this article, effective January 1, 2014. (See L. 2008, p. 2304.)
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 1 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-108) › Section 8-3.7-102 - [Effective until 10/1/2024] Definitions

As used in this article 3.7, unless the context otherwise requires:
(1)
"Career-aligned ESL classes" or "career-aligned English as a second language program" means a curriculum or classes that support specific careers or occupations through the alignment of education, employment, and skills programs that accelerate an individual's ability to communicate on the job or in the pursuit of a job.
(2)
"Classes" includes virtual classes with a live teacher, recorded classes, and additional curriculum and other supports associated with learning.
(3)
"Department" means the department of labor and employment created in section
24-1-121
.
(4)
"English language learner" or "ELL" means an individual who is linguistically diverse and who has a level of English language proficiency that requires language support.
(5)
"Immigrant" or "new American" means a Coloradan who has arrived, or an individual who will arrive, to Colorado as an immigrant or refugee and includes the individual's children. "Immigrant" or "new American" includes: Refugees, asylees, special immigrant visa holders, victims of trafficking, recipients of the federal deferred action for childhood arrivals program, and all other immigrants and aspiring citizens seeking opportunity, safety, or reunification of family.
(6)
"Integration" means a dynamic, two-way process in which immigrants and new Americans and the receiving community work together to build secure, vibrant, and cohesive communities without having to forego their own cultural identity.
(7)
"ONA" means the Colorado office of new Americans created in section 8-3.7-103.
(8)
"Task force" means the global talent task force created by ONA in section 8-3.7-107.
(9)
"Work-based learning" has the same meaning as set forth in section 8-83-601(15).
(10)
"Workforce partners" includes entities that provide work-based learning opportunities, job training, and other supports that enable individuals to connect with in-demand jobs, industries, and occupations.
Amended by 2022 Ch. 357, § 3, eff. 7/1/2022.
Added by 2021 Ch. 350, § 1, eff. 9/7/2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 1 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-108) › Section 8-3.7-104 - Colorado office of new Americans - funding

The general assembly may appropriate money from the general fund or from any other available source for the purposes of the ONA specified in this article 3.7. The ONA may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 3.7.
Added by 2021 Ch. 350, § 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 1 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-108) › Section 8-3.7-105 - Wage replacement program - executive director - director of the ONA - feasibility study - recommendations

(1)
The executive director of the department, in partnership with the director of the division of unemployment insurance, the director of the ONA, and the office of the governor, shall study the feasibility of establishing a contract with a nonprofit, third-party entity to administer a wage replacement program for individuals who are unemployed through no fault of their own and who are ineligible for regular unemployment benefits due to their immigration status. The feasibility study must include potential sources of money to fund a wage replacement program, legal compliance with the United States department of labor's regular unemployment insurance programs, data sharing and data privacy, and input from relevant stakeholders.
(2)
On or before December 1, 2021, the executive director of the department and the director of the ONA shall submit recommendations to the governor and to the senate business, labor, and technology committee and the house of representatives business affairs and labor committee, or their successor committees.
Added by 2021 Ch. 350, § 1, eff. 9/7/2021.
Section 4(1)(b) of chapter 422 (SB 21-233), Session Laws of Colorado 2021, provides that the act adding this section takes effect only if HB 21-1150 (chapter 350) becomes law and takes effect either upon the effective date of SB 21-233 or HB 21-1150, whichever is later. HB 21-1150 became law and took effect September 7, 2021, and SB 21-233 became law and took effect July 2, 2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 2 - STATEWIDE WELCOME, RECEPTION, AND INTEGRATION GRANT PROGRAM (§§ 8-3.7-201 — 8-3.7-205) › Section 8-3.7-201 - [Effective 8/7/2024] Definitions

(1)
As used in this part 2, unless the context otherwise requires:
(a)
"Administering entity" means the statewide entity selected by the department to administer the statewide welcome, reception, and integration grant program pursuant to section 8-3.7-202.
(b)
"Department" means the department of labor and employment created in section 24-1-121.
(c)
"Fund" means the statewide welcome, reception, and integration cash fund created in section 8-3.7-205.
(d)
"Grant program" means the statewide welcome, reception, and integration grant program created in section 8-3.7-202.
(e)
"Grant recipient" means a community-based organization that is selected to receive a grant pursuant to section 8-3.7-202.
(f)
"Migrant" means an individual who has arrived in the United States within the past year and does not qualify for federal support services or refugee resettlement assistance benefits.
Added by 2024 Ch. 437,§ 1, eff. 8/7/2024.
2024 Ch. 437, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 2 - STATEWIDE WELCOME, RECEPTION, AND INTEGRATION GRANT PROGRAM (§§ 8-3.7-201 — 8-3.7-205) › Section 8-3.7-203 - [Effective 8/7/2024] Administering entity - duties - funding

(1)
The administering entity shall:
(a)
Administer the grant program pursuant to this part 2, including establishing and implementing, in collaboration with the department, the process by which a community-based organization may apply to receive a grant;
(b)
Conduct statewide outreach to ensure that all community-based organizations that serve migrants are aware of the opportunity to apply for a grant;
(c)
Convene a statewide selection panel with the department that includes representation from impacted communities to select grant recipients based on the following criteria:
(I)
Demonstrated historical commitment to working with and in the immigrant and migrant populations providing services;
(II)
Demonstrable ability to respond to emerging needs of the migrant population;
(III)
Experience in providing any of the services described in section 8-3.7-202 (2); and
(IV)
Experience in managing private or public contracts or grants; and
(d)
Submit an annual report to the department pursuant to section 8-3.7-204 (1) regarding the number of migrants served, the types of services provided, the number of referrals for services provided by other grant recipients, the migrants' level of satisfaction for the services received, key barriers to receiving services, including, if possible, the number of migrants who requested and were not able to access and receive services and the reasons why.
(2)
(a)
In selecting grant recipients, priority must be given to grant applicants who provide two or more of the services described in section 8-3.7-202 (2)(c), (2)(e), or (2)(f).
(b)
In selecting grant recipients, the administering entity shall give consideration to grant applicants that are based in, or serve populations in, rural and non-metro areas with limited access to resources.
(3)
Of the money transferred to the fund, the department shall not use more than ten percent to compensate the administering entity to offset the costs that the administering entity incurs in administering the grant program and in providing assistance to grant recipients for capacity building to ensure compliance with the grant program and successful execution of the grant program's goals. The department shall not agree to pay any additional amount of remuneration to the administering entity from the state. The department shall compensate the administering entity with funds from the appropriation for purposes of this section.
Added by 2024 Ch. 437,§ 1, eff. 8/7/2024.
2024 Ch. 437, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 2 - STATEWIDE WELCOME, RECEPTION, AND INTEGRATION GRANT PROGRAM (§§ 8-3.7-201 — 8-3.7-205) › Section 8-3.7-204 - [Effective 8/7/2024] Reporting requirements

(1)
(a)
One year after the date of the contract entered into pursuant to section 8-3.7-202 (3)(b), the administering entity shall submit a report to the department. At a minimum, the report must include:
(I)
A description of expenses made with the grant money;
(II)
The number of grant applicants;
(III)
The number of community-based organizations that received a grant;
(IV)
The geographic location of each grant recipient; and
(V)
The aggregate number of migrants served by each grant recipient, the services provided, and the migrants' level of satisfaction for each service provided.
(b)
Any information included in the report required pursuant to this subsection (1) must not include personal identifying information.
(2)
No later than three months after the report is submitted to the department pursuant to subsection (1) of this section, and each year thereafter, the department shall submit the administering entity's report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, regarding the grant program.
(3)
Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this section continue as long as the grant program is operational.
Added by 2024 Ch. 437,§ 1, eff. 8/7/2024.
2024 Ch. 437, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 3.7 - COLORADO OFFICE OF NEW AMERICANS (§§ 8-3.7-101 — 8-3.7-205) › Part 2 - STATEWIDE WELCOME, RECEPTION, AND INTEGRATION GRANT PROGRAM (§§ 8-3.7-201 — 8-3.7-205) › Section 8-3.7-205 - [Effective 8/7/2024] Statewide welcome, reception, and integration cash fund - appropriation - repeal

(1)
The statewide welcome, reception, and integration cash fund is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (6) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(2)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3)
Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund or any other fund.
(4)
Subject to annual appropriation by the general assembly, the Colorado office of new Americans may expend money from the fund for the purposes of this part 2.
(5)
The ONA may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 2. The ONA shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(6)
(a)
On July 1, 2024, the state treasurer shall make a one-time transfer of two million five hundred thousand dollars from the general fund to the fund for the purpose of the grant program.
(b)
This subsection (6) is repealed, effective July 1, 2025.
Added by 2024 Ch. 437,§ 1, eff. 8/7/2024.
2024 Ch. 437, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-104 - Funds available to pay wages - mining industry

Every person, firm, association, corporation, or agent, manager, superintendent, or officer thereof engaged in the business of extracting or of extracting and refining or reducing metals or minerals other than petroleum, or other than parties having a free unencumbered title to the fee simple of the property being worked, and also other than mining partnerships in respect to the members of the partnerships, shall, before commencing work in any period for which a single payment of wages is to be made, have on hand, either physically or by deposit with a bank or trust company in the county where such property is located or, if there is no bank or trust company in the county, in the bank or trust company nearest the property, cash or readily salable securities of a market value equivalent to such cash, or accounts receivable payable in the normal course of business prior to the next payday, in a sufficient amount to make the payment of wages without discount or loss to any person employed on the mining property for such period.
L. 2003: Entire article amended with relocations, p. 1854, § 1, effective August 6.
This section is similar to former § 8-4-103 as it existed prior to 2003, and the former § 8-4-104 was relocated to §
8-4-109
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-105.5 - Automatic enrollment in retirement plans - relief from liability - conditions - definitions

(1)
(a)
(I)
An employer that provides automatic enrollment in an employee retirement plan is not liable for the investment decisions made by the employer on behalf of any participating employee with respect to the default investment of contributions made for that employee to the plan if:
(A)
The plan provides the participating employee at least quarterly opportunities to select investments for the employee's contributions among investment alternatives available under the plan;
(B)
The participating employee is given notice of the investment decisions that will be made in the absence of direction from the employee, a description of all the investment alternatives available for employee investment direction under the plan, and a brief description of procedures available for the employee to change investments; and
(C)
The employee is given at least annual notice of the actual default investments made of contributions attributable to the employee.
(II)
The relief from liability of the employer under this subsection (1) extends to any employee retirement plan official who makes the actual default investment decisions on behalf of participating employees.
(b)
Nothing in this subsection (1) modifies any existing responsibility of employers or other plan officials for the selection of investment funds for participating employees.
(2)
As used in this section:
(a)
"Automatic enrollment" means an employee retirement plan provision under which an employee will have a specified contribution made to the plan, equal to a compensation reduction, that will be made for the employee unless the employee affirmatively elects, in accordance with the federal "Pension Protection Act of 2006", Pub.L. 109-280, either not to have any compensation reduction contributions or a compensation reduction contribution in an alternative amount.
(b)
"Employee retirement plan" means a plan described in sections 401(k) or 403(b) of the federal "Internal Revenue Code of 1986", as amended; a governmental deferred compensation plan described in section 457 of the federal "Internal Revenue Code of 1986", as amended; or a payroll deduction individual retirement account plan described in sections 408 or 408A of the federal "Internal Revenue Code of 1986", as amended.
L. 2010: Entire section added, (SB 10 -035), ch. 3, p. 33, § 2, effective 1/1/2011.
For the federal "Internal Revenue Code of 1986" referenced in subsection (2)(b), see title 26 of the United States Code.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-106 - Early payment of wages permitted

Nothing contained in this article shall in any way limit or prohibit the payment of wages or compensation at earlier dates, or at more frequent intervals, or in greater amounts, or in full when or before due.
L. 2003: Entire article amended with relocations, p. 1856, § 1, effective August 6.