(1) Within thirty days after June 16, 2020, if an employee organization is already certified, or within sixty days after an employee organization has been certified pursuant to a representation election, or no later than April 15 of the year preceding the expiration of a partnership agreement, the state shall begin meetings to discuss and cooperatively draft a mutually agreed upon written partnership agreement to be binding on the state, the certified employee organization, and covered employees when ratified by the certified employee organization and approved by the governor. Subject to section 24-50-1110, both the certified employee organization and the state shall bargain in good faith to reach agreement on wages, hours, and terms and conditions of employment for all covered employees. Neither the certified employee organization nor the state shall be required to agree to a proposal or to make a concession. Disputes shall be resolved pursuant to section 24-50-1113.
The parties shall bargain over wages, hours, and terms and conditions of employment. All other subjects are permissive and may be addressed during bargaining upon mutual agreement of the parties. A partnership agreement may not include a requirement or agreement that the executive branch or any department negotiate with respect to the statutory function of any department or agency or matters related to the public employees' retirement association.
(a) Economic issues, matters impacting all covered employees, matters that necessitate statewide uniformity pursuant to the state constitution, the Colorado Revised Statutes, or administrative rule, shall be negotiated between the certified employee organization and the governor's designee. The governor's designee may consult with the executive director charged with administering the issues subject to statewide bargaining.
(b) Matters impacting covered employees in a single department or agency or subdivision thereof shall be negotiated by the certified employee organization and the executive director of the department or agency or the executive director's designee. Any agreements made at the department or agency level shall be incorporated into the partnership agreement. The certified employee organization and the executive director of the department or agency may choose to bring department or agency matters to statewide bargaining upon mutual agreement.
A partnership agreement shall provide for a partnership agreement grievance procedure culminating in final and binding arbitration to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement.
A partnership agreement that is executed by the state and the certified employeeorganization is enforceable and binding on the state, the certified employee organization, and covered employees covered by the agreement. In the event of conflict between the provisions of a partnership agreement and state laws or rules in effect as of the initial partnership agreement, state laws and rules control.
Meetings and discussions held pursuant to this section and the partnership agreementgrievance and arbitration process specified in subsection (4) of this section and the dispute resolution process specified in section 24-50-1113 are not meetings as defined in section 24-6402.
Except for a partnership agreement submitted for ratification, all documents, proposals, and draft and tentative agreements drafted or exchanged pursuant to the process established in this section are privileged and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. Nothing in this section shall be construed to prevent a certified employee organization or the state from presenting such materials in any partnership agreement grievance or arbitration process pursuant to subsection (4) of this section or the dispute resolution process specified in section 24-50-1113.
Source: L. 2020: Entire part added, (HB 20-1153), ch. 109, p. 435, § 2, effective June 16.