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 8-3.3-102 - Definitions

As used in this article 3.3, unless the context otherwise requires:
(1)
"Bargaining unit" means a group of county employees in a unit deemed appropriate for the purpose of collective bargaining in accordance with section
8-3.3-110
; except that a bargaining unit does not include:
(a)
A confidential employee;
(b)
A managerial employee;
(c)
An executive employee; or
(d)
Temporary, intermittent, or seasonal employees who work less than ninety days in a three-hundred-sixty-five-day period.
(2)
"Collective bargaining" or "collectively bargain" means the performance of the mutual obligation of a county and an exclusive representative to:
(a)
Meet at reasonable times and places and negotiate in good faith with respect to wages, hours, and other terms and conditions of employment;
(b)
Resolve questions arising under a collective bargaining agreement through a negotiated grievance procedure culminating in final and binding arbitration; and
(c)
Execute a written contract incorporating any agreements reached.
(3)
"Collective bargaining agreement" means an agreement negotiated between an exclusive representative and a county, including an agreement reached through an impasse resolution process pursuant to section
8-3.3-114
.
(4)
"Compensation" means:
(a)
Base wage or salary;
(b)
Any form of direct monetary payments;
(c)
Health, accident, life, and disability insurance;
(d)
Pension programs;
(e)
Paid time off;
(f)
Uniform and equipment allowances; and
(g)
Expense reimbursement.
(5)
"Confidential employee" means a person who is:
(a)
Required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of the management positions; or
(b)
Employed as an attorney by the county and whose duties are to provide direct legal counsel regarding the application, interpretation, or enforcement of this article 3.3.
(6)
(a)
"County" means a county in this state.
(b)
"County" does not include:
(I)
A city and county;
(II)
A county with a population of less than seven thousand five hundred people pursuant to the official figures of the most recent United States decennial census;
(III)
The state or any political subdivision of the state where the state or political subdivision of the state acquires or operates a mass transportation system, or any carrier by railroad, express company, or sleeping car company subject to the federal "Railway Labor Act",
45 U.S.C. sec. 151
et seq., as amended;
(IV)
A municipality;
(V)
A school district, a district charter school authorized pursuant to part 1 of article
30.5
of title
22
, or an institute charter school authorized pursuant to part 5 of article
30.5
of title
22
;
(VI)
Any district, business improvement district, special district created pursuant to title 32, authority, or other political subdivision of the state; or
(VII)
A public hospital established by a county pursuant to part 3 of article
3
of title
25
.
(7)
"County employee" means a person employed by a county, including a person whose employment with the county has ceased due to an unfair labor practice or a discharge, if such discharge is subject to appeal under an applicable appeals process.
(8)
"Deadly physical force" means force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death.
(9)
"Department" means the department of labor and employment.
(10)
"Director" means the director of the division.
(11)
"Division" means the division of labor standards and statistics in the department.
(12)
"Employee organization" means a nonprofit organization that engages with a county concerning wages, hours, and other terms and conditions of employment and that represents or seeks to represent county employees in a bargaining unit.
(13)
"Exclusive representative" means the employee organization certified or recognized as the representative of employees in a bargaining unit pursuant to the terms of this article 3.3.
(14)
"Executive employee" means an employee:
(a)
Whose primary duty is management of the entity in which the employee is employed or of a customarily recognized department or subdivision of the entity;
(b)
Who customarily and regularly directs the work of two or more other employees; and
(c)
Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight.
(15)
"Fact finding" means the process whereby the issues not resolved in collective bargaining negotiations between the county and the exclusive representative are presented to a fact finder for resolution pursuant to section
8-3.3-114
.
(16)
"Final offer" means the written offer made:
(a)
Latest in time by an exclusive representative to a county or by a county to an exclusive representative; and
(b)
At least seven calendar days before the beginning of an impasse resolution hearing as described in section
8-3.3-114
.
(17)
"Interest-based bargaining" means a method of collective bargaining that involves mutual collaboration.
(18)
"Managerial employee" means any county employee who has significant responsibilities for formulating county policies and programs or administering an agency or department of an agency.
(19)
"New employee orientation" means the onboarding process of a newly hired county employee, whether in person, online, or through other means or mediums, in which county employees are advised of their employment status, rights, benefits, duties, and responsibilities or any other employment-related matters.
(20)
"Physical force" means the application of physical techniques or tactics, chemical agents, or weapons to another person.
(21)
"Serious bodily injury" means bodily injury that, either at the time of the actual injury or at a later time, involves:
(a)
A substantial risk of:
(I)
Death;
(II)
Serious permanent disfigurement; or
(III)
Protracted loss or impairment of the function of any part or organ of the body; or
(b)
A break, fracture, or burn of the second or third degree.
(22)
"Showing of interest" means written or electronic documentation that provides evidence of county employee membership or support for an employee organization for purposes of exclusive representation. "Showing of interest" includes any electronic signature acceptable under the "Uniform Electronic Transactions Act", article
71.3
of title
24
.
(23)
"Terms and conditions of employment" means matters affecting the employment and working conditions of county employees, including hours and place of work.
Added by 2022 Ch. 260, § 2, eff. 7/1/2023.