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Bill Detail: HB19-1273

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Title Colorado Partnership For Quality Jobs And Services Act
Status House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (05/09/2019)
Bill Subjects
  • State Government
House Sponsors D. Esgar (D)
Senate Sponsors L. Garcia (D)
B. Pettersen (D)
House Committee State, Veterans, and Military Affairs
Senate Committee
Date Introduced 03/25/2019
Description

The bill creates the Colorado Partnership for Quality Jobs and

Services Act to facilitate the creation of formal labor-management
partnership agreements between state employees in the state personnel
system and the executive branch of state government. The bill specifies
that certain employees in the state personnel system, due to the nature and
responsibilities of their jobs, are not able to participate in partnership
agreements. State employees who are allowed to participate in partnership
agreements are designated covered employees.
Partnership units: The bill specifies that a partnership unit is a
group of covered employees who have similar job classifications and who
are in a unit for representation by a nonprofit organization that represents
covered employees (employee organization). The bill creates partnership
units composed of covered employees in specified occupational groups.
If a partnership unit was created pursuant to the existing Colorado
executive order that authorizes partnership agreements (executive order)
and the partnership unit has chosen an employee organization to
exclusively represent it (certified employee organization), the partnership
unit will continue to be represented by its existing certified employee
organization.
Certified employee organizations: An employee organization
that wants to represent an unrepresented partnership unit may file a
petition with the department of labor and employment (department)
requesting that it hold an election to allow covered employees in the
partnership unit to elect an employee organization to represent it. The
department is required to provide notice of the petition and other
employee organizations may be included on the ballot in the election.
The department is required to conduct an election to determine
which employee organization will be the certified employee organization
of the partnership unit. The ballot must allow covered employees to vote
not to be represented by an employee organization. If one employee
organization receives a majority of the votes, the department is required
to certify the employee organization as the certified employee
organization of the partnership unit.
The bill specifies circumstances under which the department is not
allowed to hold an election for a partnership unit to select a certified
employee organization. The bill also specifies that a covered employee or
an employee organization may initiate a process to decertify a certified
employee organization for a partnership unit.
Rights of covered employees and certified employee
organizations: The bill specifies that a covered employee may work with
an employee organization and communicate with other covered
employees to form a partnership agreement. Certified employee
organizations have the right to reasonable access to areas where covered
employees work to hold meetings, post notices, and provide information
to covered employees.
Duties of the certified employee organization: The bill specifies
that a certified employee organization is required to represent the interests
of all covered employees in the partnership unit, regardless of
membership in the employee organization. The bill also specifies the
process by which a covered employee may initiate a grievance regarding
the interpretation of a partnership agreement. In addition, the bill
prohibits a certified employee organization from engaging in a strike,
work stoppage, or group sickout against the state or any of its agencies or
departments.
Duties of the state: The bill specifies that the state is required to:
  • Make payroll deductions for membership dues and other
payments that covered employees authorize to be made to
the certified employee organization;
  • Notify the certified employee organization when a covered
employee is hired, promoted, or transferred to a new
partnership unit;
  • Periodically provide specified information about covered
employees to each certified employee organization;
  • Allow a certified employee organization to attend
orientations for new covered employees;
  • After the state and the certified employee organization
reach a partnership agreement, submit a request to the
general assembly for sufficient appropriations to implement
terms of the partnership agreement requiring the
expenditure of money; and
  • Engage in good faith in all aspects of the partnership
process.
Partnership agreements: A certified employee organization and
the state are required to discuss and draft written partnership agreements,
which are binding on the state, the certified employee organization, and
covered employees. Partnership agreements that govern matters impacting
all covered employees in all of the represented partnership units are
required to be negotiated collaboratively with all certified employee
organizations; except that a certified employee organization may opt out
of joint negotiations for the partnership units it represents.
A partnership agreement is required to provide a grievance
procedure to resolve disputes over the interpretation, application, and
enforcement of any provision of the partnership agreement. A partnership
agreement is also required to continue in full force and effect until it is
replaced by a subsequent partnership agreement.
If disputes arise during the formation of a partnership agreement,
the certified employee organization and the state are required to engage
in the dispute resolution process established by the bill.
Duties of the state personnel director: The state personnel
director (director) is required to enforce certain aspects of the partnership
agreement process. The director is authorized to conduct hearings to
adjudicate disputes regarding the rights of covered employees and the
rights and duties of certified employee organizations and the state under
partnership agreements. The director is required to determine and impose
appropriate administrative remedies to address violations of rights or
duties pursuant to the Colorado Partnership for Quality Jobs and
Services Act.
Court review: The bill specifies the circumstances under which
the director or a party to a partnership agreement may request court
review of the final action of the director or an arbitrator's decision and
specifies the standards under which the court may conduct such review.
Court review may be requested as follows:
  • The director may request that the court of appeals enforce
orders issued by the director in connection with partnership
agreements;
  • Any person or party affected by a final rule, order, or
decision of the director may appeal to the district court for
further relief;
  • A party to a partnership agreement may seek enforcement
or vacation of an arbitrator's decision on a grievance
concerning the interpretation, application, and enforcement
of a partnership agreement in district court; and
  • Either the state or a certified employee organization may
challenge the final judgment of an arbitrator's judgment
resolving a dispute in the formation of a partnership
agreement in district court.

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Fiscal Notes Fiscal Notes (04/09/2019) (most recent)  
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