Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-17 - PROTECTIONS FOR PUBLIC WORKERS ACT (PROPWA) RULES
2 - Definitions and Clarifications

Universal Citation: 7 CO Code Regs 1103-17 ยง 2

Current through Register Vol. 47, No. 5, March 10, 2024

2.1 "Authorized representative" means a person designated by a party to any unfair labor practice complaint or other Division administrative proceeding to represent the party. A party may designate an authorized representative by filing the Division-approved form or 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 party upon written notice to the Division.

2.2 "Director" means the Director of the Division of Labor Standards and Statistics, and includes a designee or agent to perform any delegable functions of the Director pursuant to authority granted by any applicable provision of law, including but not limited to C.R.S. § 8-1-103(1).

2.3 "Division" means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment.

2.4 "Employee organization" means an organization independent of the employer in which public employees may participate and that exists for the purpose, in whole or in part, of acting on behalf of and for the benefit of the public employees concerning public employee grievances, labor disputes, wages, hours, and other terms and conditions of employment. "Employee organization" includes any agents or representatives of the employee organization designated by the employee organization. "Employee organization" does not include an entity in the nature of a committee, or an advisory council, that includes employees and that is created by, and not independent of, the employer.

2.5 "Order" means any decision, rule, regulation, requirement, or standard promulgated by the Director, as defined by C.R.S. § 8-1-101(11).

2.6 "Person" refers to one or more individuals, an employee, an employee organization, partnerships, associations, corporations, legal representatives, trustees, or receivers.

2.7 "Public employee" means an individual employed by a public employer; except those employees employed in the personnel system of the state established in Section 13 of Article XII of the state Constitution, or employees employed by an employer, as defined in C.R.S. § 8-3-104(12).

2.7.1 "Confidential employee" means a public employee:
(A) required to develop or present management positions with respect to employer-employee relations, or whose duties normally require access to confidential information, to contribute significantly to decision-making on the management positions; or

(B) employed as an attorney by the public employer and whose duties are to provide direct legal counsel regarding the application, interpretation, or enforcement of PROPWA or other labor relations matters. "Confidential information" includes non-public planning or strategy on publicly available information of a public employer.

2.7.2 "Policy-level employee" means a public employee with significant decision-making responsibilities to formulate policies or programs, or administer an agency or department, of the public employer.

2.8 "Public employer" means a county or municipality; a district, business improvement district, special district created pursuant to Title 32, authority, or other political subdivision of the state, a county, or a municipality; the Colorado School for the Deaf and Blind established in Article 80 of Title 22; a state institution of higher education as defined in section 23-18-102(10)(a), and a local district college operating pursuant to Article 71 of Title 23; the Office of State Public Defender created in section 21-1-101; the University of Colorado Hospital Authority created in section 23-21-503; the Denver Health and Hospital Authority created in section 25-29-103; the Joint Budget Committee staff, the Legislative Council staff, the Office of Legislative Legal Services, the staff of the Office of the Chief Clerk of the House of Representatives, and the Senate Services staff; the majority and minority caucus staff of the House of Representatives and the Senate; a board of cooperative services established pursuant to the "Boards of Cooperative Services Act of 1965," Article 5 of Title 22; any school district as defined in section 22-7-1003(20); a district charter school pursuant to part 1 of Article 30.5 of Title 22; or an institute charter school which means a charter school authorized by the State Charter School Institute pursuant to part 5 of Article 30.5 of Title 22. Counties covered by the Collective Bargaining by County Employees Act ("COBCA") are not "public employers" for purposes of these rules.

2.9 "Retaliation" and "interference" (or other forms of those words) are as defined in the Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules, 7 CCR 1103-11.

2.10 "Unfair labor practice" means a violation of any rights or obligations in PROPWA or these Rules.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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