(1) The state shall make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization and related entities. The certified employee organization and related entities shall be the only employee organization for which the state shall make payroll deductions from covered employees.
The state shall honor the terms of covered employees' authorizations for payroll deductions made in any form that satisfies the requirements of the "Uniform Electronic Transactions Act", article 71.3 of this title 24, including without limitation electronic authorizations, including voice authorizations, that meet the requirements of an electronic signature as defined in section 24-71.3-102 (8). Covered employees' requests to cancel or change authorizations for payroll deductions shall be directed to the certified employee organization rather than to the state. The certified employee organization shall be responsible for processing these requests in accordance with the terms of the authorization. An authorization for a payroll deduction may not be irrevocable for a period of more than one year. A certified employee organization that certifies that it has and will maintain individual covered employee authorizations is not required to provide a copy of an individual authorization to the state unless a dispute arises about the existence or terms of that authorization. The certified employee organization shall indemnify the state for any claims made by the covered employee for deductions made in reliance on that information.
(a) Each month the department of personnel shall, unless prohibited by law, provide to a certified employee organization the following information for each covered employee:
Name, employee identification number, department, job class, job title, work telephone number, work e-mail address, work location, salary, and date of hire, as contained in the statewide system of record; and
Home address, home and personal cellular phone numbers, and personal e-mail address unless directed by the covered employee not to provide the same pursuant to section 2450-1107 (3).
If the information is not contained in the statewide system of record, the departmentof personnel shall provide the employee organization notice and will have no obligation to provide the information until it is contained in the statewide system of record.
A certified employee organization shall treat the information it receives under thissubsection (3) as confidential and may not release the information to any third party except for the purpose of carrying out the certified employee organization's duties under this title 24 and communicating with covered employees.
Records created in complying with this subsection (3) and containing a covered employee's personal home address, home and personal cellular phone number, and personal email address shall be exempt from the "Colorado Open Records Act", part 2 of article 72 of this title 24.
Within thirty days of a covered employee being hired, the state shall allow the certified employee organization to meet with that covered employee during work time as determined by subsection (5)(c) of this section.
(a) The state must provide the certified employee organization access to its new employee orientations on paid time for newly hired covered employees.
The state must provide the certified employee organization at least ten days notice inadvance of a new employee orientation; except that a shorter notice may be provided where there is an urgent need critical to the state's operations that was not reasonably foreseeable.
The state and the certified employee organization shall determine the structure, time,and manner of the employee organization's access through the partnership agreement process set forth in section 24-50-1112.
After the state and the certified employee organization reach a partnership agreement, the initial or supplemental budget request from the governor to the general assembly shall include sufficient appropriations to implement the terms of the agreement requiring the expenditure of money. The provisions of a partnership agreement that require the expenditure of money shall be contingent upon the availability of money and the specific appropriation of money by the general assembly. If the general assembly rejects any part of the request, or while accepting the request takes any action which would result in a modification of the terms of the cost item submitted to it, either party may reopen negotiations concerning economic issues.
The state and its designees and agents, including the governor's designee, the executive directors of state agencies, and other state officials charged with administering partnership agreements, shall engage in good faith in all aspects of the partnership process. The state and its designees and agents shall not:
Take any action or make any statement in favor of or in opposition to a coveredemployee's decision to participate in, select, or join an employee organization, or to refrain from these activities; except that the state may respond to questions from a covered employee pertaining to the covered employee's employment or any matter described in this part 11, provided that such response is neutral toward participation, selection, and membership in an employee organization;
Expend public money or resources for a negative campaign against an employeeorganization or provide assistance to any individual or group to engage in such a campaign. It is not a violation of this section for the state to respond to any requests pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24, or to exercise any other obligation required by law.
Interfere with, restrain, or coerce covered employees from exercising the rights granted by this part 11; except that this subsection (7)(c) does not impair the right of a certified employee organization to prescribe its own rules with respect to recruiting and maintaining its membership subject to section 24-50-1109 (3)(a);
Discharge or discriminate against any covered employee because the employee filedan affidavit, or gave any information or testimony under this part 11, or because the employee formed, joined, or chose to be represented by any employee organization, or refrained from any such activities;
Refuse to participate in the partnership process set forth in section 24-50-1112, oncea certified employee organization is certified; or
Refuse to participate in the partnership dispute resolution process.
(8) It shall constitute an unfair labor practice subject to review pursuant to section 24-501113 (3) for the state to engage in the activities prohibited under this section, or to fail to discharge its duties under this section. The governor shall not be subject to an unfair labor practice charge.
Source: L. 2020: Entire part added, (HB 20-1153), ch. 109, p. 432, § 2, effective June 16.