§ 29-33-104 — Protections for public workers

Colorado § 29-33-104

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Protections for Public Workers

Text

(1) Except as provided in
subsection (2) of this section, a public employee has the right to:

(a) Discuss or express the public employee's views regarding public
employee representation, workplace issues, or the rights granted to the public
employee in this article 33;

(b) (I) Engage in protected, concerted activity for the purpose of mutual aid
or protection;

(II) For purposes of this subsection (1)(b), protected, concerted activity for
the purpose of mutual aid and protection includes the protected rights of
employees set forth in 29 U.S.C. sec. 157; except that protected, concerted activity
for the purpose of mutual aid and protection does not include the right or
obligation to recognize or negotiate a collective bargaining agreement. Protected,
concerted activity for the purpose of mutual aid and protection also does not
include the activities of a confidential public employee or a managerial public
employee, as defined in section 29-33-103 (5)(b).

(c) Fully participate in the political process while off duty and not in uniform,
including:

(I) Speaking with members of the public employer's governing body on terms
and conditions of employment and any matter of public concern; and

(II) Engaging in other political activities in the same manner as other citizens
of Colorado, without discrimination, intimidation, or retaliation; and

(d) Organize, form, join, or assist an employee organization or refrain from
organizing, forming, joining, or assisting an employee organization.

(2) (a) A public employer described in section 29-33-103 (6) may limit the
rights of an employee described in this article 33 to the extent necessary to
maintain the nonpartisan role of the employer's nonpartisan legislative, judicial, or
election-related staff.

(b) Activity by a public employee or group of public employees that results in
material disruption of a public employee's duties, a public employer's operations, or
the delivery of public services is not protected activity; except that an employer's or
other individual's disagreement with the content or viewpoint expressed through an
employee's activity or a strike by employees does not constitute material
disruption.

(3) A public employer 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 public employee for engaging in any of the
rights described in this article 33;

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

(c) Discharge or discriminate against a public employee because the public
employee has filed an affidavit, petition, or complaint or given any information or
testimony pursuant to this article 33, or because the public employee has formed,
joined, assisted, or chosen to be represented by an employee organization.

Legislative History

Source: L. 2023: Entire article added, (SB 23-111), ch. 393, p. 2351, � 1, effective August 7. L. 2024: (1)(b) and (2) amended, (SB 24-232), ch. 487, p. 3396, � 2, effective August 7.