Colorado § 8-3.3-115 - Unfair labor practices.

§ 8-3.3-115. Unfair labor practices.

(1) A county or exclusive representative shall not refuse to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment, including refusing to cooperate in any impasse resolution procedure.

(2) A county, its representatives, its agents, or anyone acting on behalf of the county shall not:

(a) Discriminate against, coerce, intimidate, interfere with, or impose reprisals against, or threaten to discriminate against, coerce, intimidate, interfere with, or impose reprisals against, any county employee for forming or assisting an employee organization or expressing the county employee's views regarding county employee representation or workplace issues or the rights granted to the county employee in this article 3.3;

(b) Deter or discourage county employees or county employee applicants from becoming or remaining members of an employee organization or from authorizing payroll deductions for dues or fees to an employee organization; except that the county may respond to questions from a county employee pertaining to the county employee's employment or any matter described in this article 3.3, as long as the response is neutral toward participation in, selection of, and membership in an employee organization;

(c) Use any public funds or official position to support or oppose an employee organization; except that the provision of routine services and facilities and paid time for exclusive representatives may be provided by a county pursuant to a collective bargaining agreement between the county and an exclusive representative;

(d) Dominate or interfere in the administration of an employee organization;

(e) Discharge or discriminate against a county employee because the county employee has filed an affidavit, petition, or complaint or given any information or testimony pursuant to this article 3.3 or a collective bargaining agreement or chosen to be represented by an exclusive representative;

(f) Deny the rights accompanying certification as the exclusive representative pursuant to this article 3.3;

(g) Collectively bargain in regard to matters covered by this article 3.3 with a county employee or group of county employees in the bargaining unit or an employee organization purportedly representing the county employees in a bargaining unit other than the exclusive representative;

(h) Disclose to a private entity, other than the exclusive representative, personally identifiable information about county employees within the bargaining unit that is exempt from disclosure pursuant to law; or

(i) Otherwise fail to comply with the requirements of this article 3.3.

(3) (a) An employee organization or exclusive representative shall not:

(I) Interfere with, restrain, or coerce a county employee with respect to the rights granted in this article 3.3 or with respect to selecting an exclusive representative;

(II) Willfully or deliberately fail to fairly represent a county employee who is in a bargaining unit exclusively represented by the employee organization in the negotiation or enforcement of the terms of a collective bargaining agreement; or

(III) Otherwise fail to comply with the requirements of this article 3.3.

(b) This subsection (3) does not prohibit an exclusive representative from providing legal, economic, or job-related services or benefits beyond those established in any applicable collective bargaining agreement exclusively to its members.

(4) An aggrieved party is barred from filing a claim that alleges that either the county or employee organization has violated this section unless the claim is filed within six months after the date on which the aggrieved party knew or reasonably should have known of the alleged violation.

(5) The expression of any personal view, argument, or opinion by an elected official must not be considered a violation of this section unless the expression contains a threat of reprisal or promise of a benefit or is made under coercive conditions. Representatives of counties may correct the record with respect to any false or misleading statement made by any person, publicize the fact of a representation election, and encourage county employees to exercise their right to vote in the election.

(6) (a) An exclusive representative certified or deemed certified in accordance with this article 3.3 shall not threaten, facilitate, support, or cause a county employee to participate in the following:

(I) A strike;

(II) A work stoppage;

(III) A work slowdown;

(IV) A group sick out; or

(V) An action that disrupts, on a widespread basis, the day-to-day functioning of a county.

(b) A controversy concerning an activity prohibited by subsection (6)(a) of this section may be submitted to the division pursuant to section 8-3.3-106. Upon a finding that the exclusive representative has violated subsection (6)(a) of this section, the director shall award any appropriate relief, including sanctions, fines, or decertification. If an exclusive representative is decertified by the director, the employee organization may begin the certification process in section 8-3.3-108 after one year from the date of decertification.

(c) Nothing in this subsection (6) prohibits the exclusive representative from engaging in other concerted activities for the purpose of the collective bargaining process or other mutual aid or protection, without interference, restraint, or coercion by the county.

(d) Nothing in this section affects the rights of any county employee or employee organization not covered by the express terms of this article 3.3.

Source: L. 2022: Entire article added, (SB 22-230), ch. 260, p. 1917, § 2, effective July 1, 2023.