7 Colo. Code Regs. § 1103-16-2

Current through Register Vol. 47, No. 24, December 25, 2024

Rule 7 CCR 1103-16-2 - Definitions

2.1 "Authorized representative" means a person designated by a party to any labor-management dispute, unfair labor practice complaint, election petition, or other Division administrative proceeding to represent the party. A party may designate an authorized representative by filing the Division-approved form or by a signed written notice to the Division that the authorized representative will represent the party. Authority of the authorized representative may be revoked by the designating party upon written notice to the Division.

2.2 "Bargaining unit" means a group of county employees in a unit deemed appropriate for the purpose of collective bargaining in accordance with C.R.S. § 8-3.3-110, except that a bargaining unit does not include a confidential employee as defined by C.R.S. § 8-3.3-102(5); an executive employee as defined by C.R.S. § 8-3.3-102(14); a managerial employee as defined by C.R.S. § 8-3.3-102(18); or temporary, intermittent, or seasonal employees who work less than 90 days in a 365-day period.

2.3 "COBCA" means the Collective Bargaining by County Employees Act as contained in Title 8, Article 3.3 of the Colorado Revised Statutes, enacted on May 27, 2022.

2.4 "Collective bargaining" or "collectively bargain" has the meaning as defined by C.R.S. § 8-3.3-102(2).

2.5 "Collective Bargaining Agreement" ("CBA") has the meaning as defined by C.R.S. § 8-3.3-102(3).

2.6 "County" has the meaning as defined in C.R.S. § 8-3.3-102(6) and includes a county in the state of Colorado, but does not include:

(1) A city and county;

(2) A county with a population of less than 7,500 people pursuant to the official figures of the most recent United States decennial census;

(3) 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 Railway Labor Act, 45 U.S.C. § 151 et seq., as amended;

(4) A municipality;

(5) A school district, a district charter school pursuant to Part 1, Article 30.5, Title 22, or an institute charter school pursuant to Part 5, Article 30.5,Title 22;

(6) Any district, business improvement district, special district created pursuant to Title 32, authority, or other political subdivision of the state; or

(7) A public hospital established by a county pursuant to Part 3, Article 3, Title 25.

2.7 "County employee" has the meaning as defined by C.R.S. § 8-3.3-102(7): "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."

2.8 "Director" means the Director of the Division of Labor Standards and Statistics, and includes a designee or agent selected by the Director to perform any delegable functions of the Director pursuant to authority granted by any applicable provision of law, including but not limited to C.R.S. § 8-1-103(1).

2.9 "Division" means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment.

2.10 "Employee organization" has the meaning as defined in C.R.S. § 8-3.3-102(12), includes any organization of persons or entities that is not operated or organized for profit, and is synonymous with "labor organization."

2.11 "Exclusive representative" means the employee organization certified or recognized as the representative of employees in a bargaining unit under COBCA.

2.12 "Mail" refers to first-class mail sent through the United States Postal Service, postage prepaid.

2.13 "Order" means any decision, rule, regulation, requirement, or standard promulgated by the Director, as defined by C.R.S. § 8-1-101(11).

2.14 "Organizations," for purposes of regulating deductions under C.R.S. § 8-3.3-104(4), include only the exclusive representative and related entities. Charitable organizations unaffiliated with the exclusive representative are not regulated by C.R.S. § 8-3.3-104(4).

2.15 "Person" refers to one or more individuals, an employee, an employee organization, partnerships, associations, corporations, legal representatives, trustees, or receivers.

2.16 "Post" means to display in conspicuous places frequented by employees on the employer's premises, at places customarily used for posting of employee notices, and where such notice may be easily read during the workday, such as in break rooms, on employee bulletin boards, and/or adjacent to time clocks, department entrances, and/or facility entrances, and on any electronic bulletin boards or other means of electronic notice used by the employer.

2.17 "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. For a "showing of interest," county employees may submit an ink signature, a scanned signature, an electronically drawn or generated signature, or their typed name personally entered in the designated signature area. Any electronic signature acceptable under the "Uniform Electronic Transactions Act," Article 71.3 of Title 24, is sufficient for a "showing of interest."

2.18 "Unfair labor practices" are defined in C.R.S. § 8-3.3-115(1) -(6).

7 CCR 1103-16-2

46 CR 11, June 10, 2023, effective 7/1/2023