As used in this part 11, unless the context otherwise
requires:
(1) Certified employee organization means an employee organization that
has been certified as the representative of covered employees in a partnership unit
pursuant to section 24-50-1106.
(2) Confidential employee means a person who is required to develop or
present management positions with respect to employer-employee relations,
whose duties normally require access to confidential information contributing
significantly to the development of such management positions, or who is employed
by the department of law and whose duties are to provide direct support to
assistant attorneys general in the application, interpretation, or enforcement of this
part 11.
(3) Covered employee means an employee who is employed in the
personnel system of the state established in section 13 of article XII of the state
constitution, unless the individual falls into any of the following categories:
(a) Confidential employees;
(b) Managerial employees;
(c) Executive employees;
(d) The director, the director of the division of labor standards and statistics,
the governor's designee, and employees working with either director to implement
this part 11;
(e) Administrative law judges and hearing officers;
(f) State troopers;
(g) Employees of the legislative branch; or
(h) Temporary appointees as described in section 24-50-114.
(4) Decertification election means an election conducted by the division
when the partnership unit is already represented by a certified employee
organization, to determine by a majority of the votes cast whether the covered
employees want to be represented by a different employee organization or by no
employee organization at all.
(5) Director means the state personnel director established in section 14 of
article XII of the state constitution, or his or her designee.
(6) Division means the division of labor standards and statistics within the
department of labor and employment.
(7) Employee organization means a nonprofit organization that engages
with the state as an employer concerning wages, hours, and terms and conditions of
employment and that represents or seeks to represent covered employees in a
partnership unit as described in section 24-50-1105.
(8) Executive employee means an employee:
(a) Whose primary duty is management of the entity in which the employee is
employed or of a customarily recognized department or subdivision thereof;
(b) Who customarily and regularly directs the work of two or more other
employees; and
(c) Who has the authority to hire or fire other employees or whose
suggestions and recommendations as to the hiring, firing, advancement, promotion,
or any other change of status of other employees are given particular weight.
(9) Governor's designee means the person or persons the governor
designates, in writing, as the individual or individuals who will represent the state in
the exercise of the state's responsibilities under this part 11.
(10) Managerial employee means any employee having significant
responsibilities for formulating agency or departmental policies and programs or
administering an agency or department.
(11) New employee orientation means the onboarding process of a newly
hired covered employee, whether in person, online, or through other means or
mediums, in which covered employees are advised of their employment status,
rights, benefits, duties and responsibilities, or any other employment-related
matters.
(12) Partnership agreement means an agreement established pursuant to
section 24-50-1112 between the state and a certified employee organization.
(13) Partnership agreement grievance means a dispute concerning the
interpretation, application, or enforcement of any provision of a partnership
agreement.
(14) Petition means a document signed by a covered employee in which the
covered employee expresses the desire to be represented by an employee
organization. A petition includes individual petitions or petition cards with a single
covered employee's signature, or membership forms or cards showing that a
covered employee has joined an employee organization.
(15) Representation election means an election conducted by the division
when the partnership unit is not represented by a certified employee organization,
to determine by a majority of the votes cast whether the covered employees wish to
be represented by an employee organization.
(16) State means the state of Colorado, including its agencies, divisions,
and departments.