As used in this part 2, unless the context otherwise
requires:
(1) Advisory fact-finder means the person agreed upon by the parties or
appointed by the American arbitration association, its successor organization, or a
similar organization agreed upon by both parties in accordance with section 29-5-210.
(2) Bargaining unit means all firefighters employed by the same public
employer, excluding supervisors.
(3) Collective bargaining means the performance of the mutual obligation
of a public employer, through its designated representatives, and an exclusive
representative to meet at reasonable times and places and negotiate in good faith
with respect to compensation, hours, and terms and conditions of employment, to
meet and negotiate in good faith any question arising under a collective bargaining
agreement, and to execute a written contract incorporating any agreements
reached.
(4) Collective bargaining agreement means an agreement negotiated
between an exclusive representative and a public employer, including one accepted
by the parties after fact-finding, in addition to any terms approved by the registered
electors of a public employer pursuant to section 29-5-210.
(5) Collective bargaining provisions of this part 2 means all of this part 2;
except that sections 29-5-202, 29-5-203 (7), (13), and (14); 29-5-204 (1)(a), (1)(e), (2),
and (3); 29-5-205; 29-5-211; 29-5-212 (4) and (5); 29-5-213; and 29-5-214 shall
apply to all public employers and firefighters without regard to section 29-5-206.
(6) Compensation means base wages or salary; any form of direct
monetary payments; employer-paid health, accident, life, and disability insurance
programs; employer-paid pension programs, including the amount of pension and
contributions to the extent not controlled by law; deferred compensation; retiree
health programs; paid time off; uniform and equipment allowances; expense
reimbursement; and all eligibility conditions for compensation.
(7) Employee organization means an organization that admits firefighters
employed by a public employer to membership and represents firefighters in
collective bargaining or the meet and confer process. Employee organization
includes a person acting as an officer, representative, or agent of an employee
organization.
(8) Exclusive representative means the employee organization recognized
by the public employer or named in a petition filed pursuant to section 29-5-206.
(9) Final offer means the latest written offer made by an exclusive
representative to a public employer and by a public employer to an exclusive
representative at least seven days prior to the beginning of an impasse resolution
hearing as described in section 29-5-210.
(10) Firefighter means an employee of a public employer whose primary
duties are directly involved with the provision of fire protection or firefighting
services. Firefighter does not include clerical personnel or volunteer firefighters
as defined in section 31-30-1102, C.R.S.
(11) General election means a general municipal election, regular special
district board election, statewide primary election, or statewide general election.
(12) Party means an exclusive representative or a public employer.
(13) Public employer means a municipality, including a home rule
municipality, special district, fire authority, or county improvement district, that
offers fire protection service and employs two or more firefighters.
(14) Strike means the following concerted actions taken by members of a
bargaining unit for the purpose of inducing, influencing, or coercing a change in the
terms and conditions of employment, compensation, rights, privileges, or
obligations of employment:
(a) Failure to report for duty;
(b) Willful absence from a position;
(c) Stopping or deliberately slowing work;
(d) Withholding, in whole or in part, the full, faithful, and proper performance
of duties of employment; or
(e) Interrupting the operations of the public employer.
(15) Supervisor means the chief and all officers in the rank or position
immediately below the chief who report directly to the chief. No other firefighter is
included in the definition of supervisor for the purposes of this part 2.
(16) Terms and conditions of employment means compensation, hours, and
all matters affecting the employment of firefighters, including items related to
safety, except the budget and organizational structure of the public employer.