Colorado Expands Union Rights for Public-Sector Employees

AJ Peters, Of Counsel

On March 15, 2023, the Colorado Department of Labor and Employment (CDLE) Division of Labor Standards and Statistics (DLSS) filed proposed rules for public comment concerning collective bargaining rights of certain public-sector employees. The proposed rules[1] provide a regulatory framework for implementing the Collective Bargaining by County Employees Act (“COBCA”) or Senate Bill 22-230 (“S.B. 22-230”), which Colorado enacted on May 27, 2022. Meanwhile, the current Colorado legislature has introduced S.B. 23‑111,[2] a bill which would further expand the rights of public sector employees to form labor unions, discuss the terms and conditions of their employment, and participate in the political process while off-duty.

County Collective Bargaining Rules under COBCA

The proposed rulemaking on S.B. 22-230 seeks to create a regulatory framework to promote cooperative and harmonious relationships between Colorado counties and their employees, while recognizing the rights of county employees to join and be represented by labor organizations that may collectively bargain with their employer over wages, hours, and other terms and conditions of employment.  The DLSS proposed rules provide procedures, rights, and responsibilities for (1) designating appropriate bargaining units under C.R.S. § 8-3.3-110; (2) selecting, certifying, and decertifying exclusive representatives under C.R.S. §§ 8-3.3-108, -109, and -111; and (3) filing, hearing, and determining complaints of unfair labor practices under C.R.S. § 8-3.3-115.  If adopted, this rulemaking would take effect on July 1, 2023. 

The DLSS will hold a public hearing on its rulemaking through remote participation on April 18, 2023.  The deadline to submit written comments is April 28, 2023.

Potential Expansion of Rights under Senate Bill 23-111

On January 31, 2023, S.B. 23-111 was introduced in the Colorado Legislature to further the collective rights of public employees.  It expands on the scope of employees covered under COBCA, including those who work for counties, municipalities, fire authorities, school districts, public colleges, libraries, public defender’s offices, the Colorado Legislature, the University of Colorado Hospital Authority, and the Denver Health and Hospital Authority.  The bill does not cover state-run mass transportation, does not require public employers to recognize a union, and does not grant employees the right to strike.  However, the bill would prohibit public employers from firing, disciplining, discriminating against, coercing, intimidating, or interfering with employees because they engaged in protected activities.  If enacted, the bill would take effect on August 6, 2023. 

Public employers who are impacted by these new laws and regulations will need to consider whether their existing policies account for the expansion of rights affecting their workforce.  Please feel free to reach out to Campbell Litigation with any questions or concerns you may have about how these changes may affect your operations.  

[1]https://cdle.colorado.gov/sites/cdle/files/County%20Collective%20Bargaining%20%28COBCA%29%20Rules%20PROPOSED%203-15-23.pdf

[2] https://leg.colorado.gov/sites/default/files/documents/2023A/bills/2023a_111_01.pdf