(1) The state shall make payroll deductions
for membership dues and other payments that covered employees authorize to be
made to the certified employee organization and related entities. The certified
employee organization and related entities shall be the only employee organization
for which the state shall make payroll deductions from covered employees.
(2) The state shall honor the terms of covered employees' authorizations for
payroll deductions made in any form that satisfies the requirements of the Uniform
Electronic Transactions Act, article 71.3 of this title 24, including without limitation
electronic authorizations, including voice authorizations, that meet the
requirements of an electronic signature as defined in section 24-71.3-102 (8).
Covered employees' requests to cancel or change authorizations for payroll
deductions shall be directed to the certified employee organization rather than to
the state. The certified employee organization shall be responsible for processing
these requests in accordance with the terms of the authorization. An authorization
for a payroll deduction may not be irrevocable for a period of more than one year. A
certified employee organization that certifies that it has and will maintain individual
covered employee authorizations is not required to provide a copy of an individual
authorization to the state unless a dispute arises about the existence or terms of
that authorization. The certified employee organization shall indemnify the state for
any claims made by the covered employee for deductions made in reliance on that
information.
(3) (a) Each month the department of personnel shall, unless prohibited by
law, provide to a certified employee organization the following information for each
covered employee:
(I) Name, employee identification number, department, job class, job title,
work telephone number, work email address, work location, salary, and date of hire,
as contained in the statewide system of record; and
(II) Home address, home and personal cellular phone numbers, and personal
email address unless directed by the covered employee not to provide the same
pursuant to section 24-50-1107 (3).
(b) If the information is not contained in the statewide system of record, the
department of personnel shall provide the employee organization notice and will
have no obligation to provide the information until it is contained in the statewide
system of record.
(c) A certified employee organization shall treat the information it receives
under this subsection (3) as confidential and may not release the information to any
third party except for the purpose of carrying out the certified employee
organization's duties under this title 24 and communicating with covered
employees.
(d) Records created in complying with this subsection (3) and containing a
covered employee's personal home address, home and personal cellular phone
number, and personal email address shall be exempt from the Colorado Open
Records Act, part 2 of article 72 of this title 24.
(4) Within thirty days of a covered employee being hired, the state shall
allow the certified employee organization to meet with that covered employee
during work time as determined by subsection (5)(c) of this section.
(5) (a) The state must provide the certified employee organization access to
its new employee orientations on paid time for newly hired covered employees.
(b) The state must provide the certified employee organization at least ten
days notice in advance of a new employee orientation; except that a shorter notice
may be provided where there is an urgent need critical to the state's operations
that was not reasonably foreseeable.
(c) The state and the certified employee organization shall determine the
structure, time, and manner of the employee organization's access through the
partnership agreement process set forth in section 24-50-1112.
(6) After the state and the certified employee organization reach a
partnership agreement, the initial or supplemental budget request from the
governor to the general assembly shall include sufficient appropriations to
implement the terms of the agreement requiring the expenditure of money. The
provisions of a partnership agreement that require the expenditure of money shall
be contingent upon the availability of money and the specific appropriation of
money by the general assembly. If the general assembly rejects any part of the
request, or while accepting the request takes any action which would result in a
modification of the terms of the cost item submitted to it, either party may reopen
negotiations concerning economic issues.
(7) The state and its designees and agents, including the governor's
designee, the executive directors of state agencies, and other state officials
charged with administering partnership agreements, shall engage in good faith in
all aspects of the partnership process. The state and its designees and agents shall
not:
(a) Take any action or make any statement in favor of or in opposition to a
covered employee's decision to participate in, select, or join an employee
organization, or to refrain from these activities; except that the state may respond
to questions from a covered employee pertaining to the covered employee's
employment or any matter described in this part 11, provided that such response is
neutral toward participation, selection, and membership in an employee
organization;
(b) Expend public money or resources for a negative campaign against an
employee organization or provide assistance to any individual or group to engage in
such a campaign. It is not a violation of this section for the state to respond to any
requests pursuant to the Colorado Open Records Act, part 2 of article 72 of this
title 24, or to exercise any other obligation required by law.
(c) Interfere with, restrain, or coerce covered employees from exercising the
rights granted by this part 11; except that this subsection (7)(c) does not impair the
right of a certified employee organization to prescribe its own rules with respect to
recruiting and maintaining its membership subject to section 24-50-1109 (3)(a);
(d) Discharge or discriminate against any covered employee because the
employee filed an affidavit, or gave any information or testimony under this part 11,
or because the employee formed, joined, or chose to be represented by any
employee organization, or refrained from any such activities;
(e) Refuse to participate in the partnership process set forth in section 24-50-1112, once a certified employee organization is certified; or
(f) Refuse to participate in the partnership dispute resolution process.
(8) It shall constitute an unfair labor practice subject to review pursuant to
section 24-50-1113 (3) for the state to engage in the activities prohibited under this
section, or to fail to discharge its duties under this section. The governor shall not
be subject to an unfair labor practice charge.