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Colorado Partnership for Quality Jobs & Services Act
Dear State Employee,
On January 20, 2020, the ?Colorado Partnership for Quality Jobs and Services Act? was introduced in the General Assembly as House Bill 20-1153 (Bill). The Bill recognizes Colorado WINS (WINS) as the certified employee organization, also known as a union, for most classified employees. We are sending you this letter to inform you about the Bill?s essential terms.
The State of Colorado and Colorado WINS are promoting legislation that will allow state employees a collective voice about wages, hours, and terms and conditions of employment, because state employees are valued partners providing vital public services. Additionally, we have a shared commitment to working collaboratively to ensure that Colorado residents have access to the best possible public services.
Background
In November 2007, Governor Ritter signed Executive Order D 028 07 ?Authorizing Partnership Agreements with State Employees.? Shortly thereafter, elections of eligible state employees were held across the state. Separate elections were in each of the following units: Administrative Support and Related Services, Enforcement & Protective Services, Health Care Services, Labor, Trades & Crafts, Physical Sciences & Engineering, Financial Services, and Professional Services. In June 2008, more than 50% of the eligible employees who voted in each unit selected to be represented by WINS. As WINS is currently the certified employee organization pursuant to Executive Order D 028 07, the Bill recognizes WINS as the union representing all covered employees.
Collective Bargaining
Collective bargaining is the process by which an employer and union negotiate terms of a partnership agreement also known as a collective bargaining agreement. During negotiations, all covered employees will be represented by WINS, and the agreement topics may include wages, hours, and terms and conditions of employment.
Partnership Agreements
Assuming the Bill passes, it will be effective July 1, 2020. At that time, the State and WINS will negotiate in good faith to enter into the first partnership agreement in late 2020.
The State and WINS will collectively bargain over wages, hours, and terms and conditions of employment for covered employees. A partnership agreement is the contract that reflects the agreement made between the State and WINS.
If the State and WINS reach an impasse in the formation of a partnership agreement, they may ask for mediation on unresolved issues. The mediator will issue a recommendation on the outstanding issues.
A partnership agreement that is reached by the State and WINS is legally enforceable and binding on both parties. A grievance procedure exists to resolve disputes that arise under the executed partnership agreement.
Employee Ratification
Covered employees will have the opportunity to ratify the first two partnership agreements. Thereafter, eligibility requirements for ratification of partnership agreements will be determined by WINS members.
Covered Employees
WINS is required to represent all covered employees in collective bargaining in the formation and execution of a partnership agreement. Generally, covered employees are employees in the state personnel system, also known as classified employees. There are, however, exceptions. Exceptions include: confidential employees, managerial employees, executive employees, administrative law judges, hearing officers, state troopers, employees in the legislative branch, and temporary employees. This means that even if these employees are in the classified system, they are not covered employees.
WINS members are covered employees who pay membership dues and are entitled to all of the rights and privileges of membership under the Colorado WINS constitution and bylaws.
Rights of Covered Employees
Covered employees have the right to join and assist WINS, to engage in activities for the purpose of the partnership process, to communicate with each other about WINS. Covered employees also have the right not to engage in these activities without interference, restraint, or coercion by the State or WINS.
Further, covered employees may not strike, engage in work stoppage, work slowdown, group sickout or similar activities that disrupts the day-to-day functioning of the State or any of its agencies or departments. Engaging in any of these activities is the subject of disciplinary action up to and including termination.
Personal Information
The Bill requires WINS to represent all covered employees. The State is obligated to provide WINS with home address, personal and cellular phone numbers, and personal email address for each covered employee. The Bill also provides a process by which covered employees can direct the State to not provide this information to WINS.
Summary
The Bill goes into much more detail than can be outlined in this communication. We encourage you to read the complete Bill to understand the duties, responsibilities and rights of all parties, including you. You can find the complete Bill here.
Should you have any questions, please reach out to your HR representative who can facilitate getting you answers.
With appreciation,
Kara Veitch
State Personnel Director & Executive Director
Colorado Department of Personnel & Administration
This is going to cost the state. Call or email your reps.
