Department of Labor Announces Rulemaking Hearing on County Collective Bargaining Rules
Pursuant to SB22-230, collective bargaining by county employees is permitted beginning July 1, 2023, in counties with a population greater than 7,500. The Colorado Department of Labor and Employment (CDLE) has announced a rulemaking hearing on Tuesday, April 18, at 3 p.m. to discuss draft rules on county collective bargaining. The rulemaking announcement from CDLE (which includes a link to the draft rules and a Google Meet link) is provided below.
On March 15 the CDLE Division of Labor Standards and Statistics (DLSS) filed two sets of proposed rules. Below is a summary of each. For details on the rulemaking process, for the full text of all proposed rules, and for the form to submit comments on these rules, visit the DLSS Rulemaking page (at cdle.colorado.gov/LaborRules), and select “Proposed Rules & Rulemaking Events Calendar.”
County Collective Bargaining Rules (“COBCA Rules”), 7 CCR 1103-16. Pursuant to C.R.S. § 24-4-103(6), the Director finds as follows. The “County Collective Bargaining Rules” or “COBCA Rules” is a new rule set implementing the requirements of the Collective Bargaining by County Employees Act (“COBCA” or “the Act”), (Ch. 260, sec. 2, § 8-3.3-101 et seq., 2022 Colo. Sess. Laws 1900, 1900–1920, enacted May 27, 2022 and effective July 1, 2023, also known as S.B. 22-230).
COBCA requires Division rulemaking to create a regulatory framework that: (a) promotes harmonious, peaceful, and cooperative relationships between counties and county employees in the state of Colorado; and (b) recognizes the rights of county employees to join organizations of their own choosing, to be represented by those organizations, and to collectively bargain with their employer over wages, hours, and other terms and conditions of their employment thereby improving the delivery of public services in the state of Colorado.
COBCA requires the Division to promulgate rules as may be necessary for its enforcement, interpretation, application, and administration. More specifically, COBCA requires Division rulemaking to establish procedures 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.
These Rules detail procedures, rights, and responsibilities for those three key aspects of COBCA. First, with respect to appropriate bargaining units, the Rules largely follow the procedure detailed by COBCA, but also make explicit overarching policy considerations which inform any bargaining unit determination in addition to the factors expressly outlined in C.R.S. § 8-3.3-110(2). Second, with respect to the certification and decertification process for county employees, these Rules detail how the Division will receive petitions, resolve bargaining unit disputes, evaluate the sufficiency of a showing of interest, conduct representation elections, and determine any disputes or other complications, such as runoff elections or ties, that may arise in the election process. Third, with respect to unfair labor practice charges, which may be filed by county employees, their labor organizations, or the county, these Rules detail how the Division will receive, investigate, and adjudicate such charges. Where appropriate, these Rules follow the general labor law implementation and enforcement authority of the Industrial Relations Act and implementing rules, providing consistency and transparency in the Division’s labor relations processes.
Public Hearing Information:
Date and Time of Hearing: Tuesday, April 18, 2023, at 3:00 p.m.
Written Comment Deadline for the above rules: Friday, April 28, 2023, at 12:00 p.m.
The Division is administering this public hearing, and all interested persons are free to offer oral testimony and to listen to part or all of the hearing. Participation for this hearing will be by remote means only. A recording of the public hearing will be publicly posted afterwards on our rulemaking page.
Written comments may be submitted: 1) online in the rulemaking comment form; 2) by mail to the Division’s address below; 3) by fax to 303-318-8400; or 4) by email to michael.primo@state.co.us. Because written comments become part of the same record as oral testimony, and are reviewed by the same officials, you may submit written comments in lieu of oral testimony, but are free to participate by both means.
Instructions for Hearing Participation: Either of the below options will work to participate, but for orderly administration of participation, and to avoid possible audio feedback, please do not use both simultaneously. (You do not need to have a Google account to access any of the below means.)
(A) To Participate by Internet, Including Testifying:
visit this “Meet” webpage: meet.google.com/oge-pbob-kbf
(B) To Participate by Phone, Whether to Listen or to Testify:
call (US) +1 478-419-3251, and then enter this pin: 911 993 408#
Please contact michael.primo@state.co.us if you need assistance or anticipate difficulty appearing by phone or internet, or if you have any questions about how to access either the public hearing or its recording, or if you need accommodations or translation services to attend or participate. This public hearing is held in accordance with the Colorado Administrative Procedure Act, C.R.S. § 24-4-101 et seq., and Colorado Open Meetings Law, C.R.S. § 24-6-401 (2023), to receive any testimony, written, views, or arguments that interested parties wish to submit regarding the proposed rules.
Copies of proposed rules, including redlined copies showing changes from prior versions, are available at www.ColoradoLaborLaw.gov or by request to: Division of Labor Standards and Statistics, 633 17th Street, Denver, Colorado 80202
