Current through Register Vol. 47, No. 17, September 10, 2024
2.1 "All-union
agreement" ("AUA") means a contractual provision between an employer or group
of employers, and a collective bargaining unit representing some or all
employees, providing for any type of union security and compelling an
employee's financial support or allegiance to a labor organization as described
in C.R.S. §
8-3-104 (1.5).
2.2 "Authorized representative" means a
person designated by a party to any labor-management dispute, unfair labor
practice complaint, election petition, or other Division administrative
proceeding to represent the party. A party may designate an authorized
representative by filing the Division-approved form or by a signed written
notice to the Division that the authorized representative will represent the
party. Authority of the authorized representative may be revoked by the
designating party upon written notice to the Division.
2.3 "Collective bargaining agreement" ("CBA")
is a contract or agreement between an employer or group of employers and a
collective bargaining unit representing some or all employees.
2.4 "Collective bargaining unit" ("CBU") or
"bargaining unit" has the meaning as defined in C.R.S. §
8-3-104(4).
2.5 "Director" means the Director of the
Division of Labor Standards and Statistics, and includes a designee or agent
the Director selects to perform any delegable functions of the Director under
authority granted by any applicable law, including but not limited to C.R.S.
§
8-1-103(1).
2.6 "Division" means the Division of Labor
Standards and Statistics in the Colorado Department of Labor and
Employment.
2.7 "Employee" has the
following definitions:
2.7.1 Under the
Industrial Relations Act, C.R.S. §
8-1-101(6), an
"employee" means every person in the service of an employer, under any contract
of hire, express or implied, not including an elective official of the state,
or of any county, city, town, irrigation, drainage, or school district thereof,
and not including any officers or enlisted men of the National Guard of the
state of Colorado.
2.7.2 Under the
Labor Peace Act:
(A) "Employee" means any
person working for another for hire in the state of Colorado in a non-executive
or non-supervisory capacity and is not limited to the employees of a particular
employer under C.R.S. §
8-3-104(11)(a).
The analysis of "non-executive" is guided by the definition of "managerial"
under the policies of the National Labor Relations Board ("NLRB") and the
analysis of "non-supervisory" is guided by the definition of "supervisor" under
the National Labor Relations Act ("NLRA"),
29 U.S.C. §
152(11).
(B) "Employee" includes any individual whose
work has ceased solely as a consequence of or in connection with any current
labor dispute or because of any unfair labor practice on the part of an
employer and who otherwise meets the conditions of C.R.S. §
8-3-104(11)(a)(II).
(C) An "employee" does not include an
independent contractor (as defined and applied by the Colorado Wage Act, C.R.S.
§
8-4-101(5)), an
individual employed by the individual's parent or spouse, or domestic servants
employed in and about private homes.
(D) With respect to agricultural workers,
"employee" includes an employee of an agricultural employer under C.R.S.
§§
8-3-104(1)(a) and
104(12)(a)(II)(B), as
amended by the Agricultural Labor Rights and Responsibilities Act, Colorado SB
21-087. An employee of a marijuana licensee is an agricultural worker when the
employee is a farm laborer at a site (e.g., farm, plantation,
ranch, nursery, range, greenhouse, orchard, or other structure) used for the
raising of agricultural or horticultural commodities, as long as the structure
is utilized for at least 50% of the total output produced, as defined by the
Colorado Marijuana Code, C.R.S. §
44-10-105. "Employee" does not
include a parent, spouse, or child of an agricultural employer's immediate
family.
2.8
"Employer" has the following definitions:
2.8.1 Under the Industrial Relations Act,
C.R.S. §
8-1-101(7), an
"employer" means:
(A) the state, and each
county, city, town, irrigation, and school district therein, and all public
institutions and administrative boards thereof having four or more employees;
and
(B) every person, association
of persons, firm, and private corporation, including any public service
corporation, manager, personal representative, assignee, trustee, and receiver,
who has four or more persons regularly engaged in the same business or
employment, except as otherwise expressly provided by the IRA, in service under
any contract of hire, expressed or implied.
(C) The IRA is not intended to apply to
employers of private domestic servants or farm and ranch labor; nor to
employers who employ less than four employees regularly in the same business,
or in or about the same place of employment.
2.8.2 Under the Labor Peace Act:
(A) An "employer" means, under C.R.S. §
8-3-104(12), a
person who regularly engages the services of eight or more employees, other
than persons within the classes expressly exempted in section 104(11), and
includes:
(i) Any person acting on behalf of
an employer within the scope of the employer's authority, express or implied;
and
(ii) An agricultural
employer.
(iii) "Employer" does not
include any labor organization or anyone acting on behalf of that organization
other than when the labor organization is acting as an
employer-in-fact.
(B) An
"agricultural employer" means, under C.R.S. §
8-3-104(1)(a), a
person that:
(i) Regularly engages the
services of one or more employees or contracts with any person who recruits,
solicits, hires, employs, furnishes, or transports employees; and
(ii) Is engaged in any service or activity
included in section 203(f) of the federal "Fair Labor Standards Act of
1938,"29 U.S.C. §
201 et seq., as amended, or engaged in
"agricultural labor" as defined in section 3121(g) of the federal "Internal
Revenue Code of 1986," as amended.
2.9 "Exclusive representative" means the
labor organization certified as the representative of employees in a collective
bargaining unit under the Labor Peace Act.
2.10 "Mail" refers to first-class mail sent
through the United States Postal Service, postage prepaid.
2.11 "Order" means any decision, rule,
regulation, requirement, or standard promulgated by the Director, as defined by
C.R.S. §
8-1-101(11).
2.12 "Person" refers to one or more
individuals, an employee, a labor organization, partnerships, associations,
corporations, legal representatives, trustees, or
receivers.
