- The Colorado Protections of Public Workers Act extends NLRA Section 7-type rights to many public employees.
- The law does not, however, provide for a procedure for a representation election, create an employer obligation to recognize any labor organization for purposes of collective bargaining, or create an obligation to collectively bargain the terms and conditions of employment.
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On June 6, 2023, Colorado Governor Jared Polis enacted a significant change to Colorado law when he signed the Protections for Public Workers Act. The Act establishes rights for employees at Colorado hospitals, universities, public schools, special districts, and numerous other quasi-governmental entities to engage in activities similar to those protected under Section 7 of the federal National Labor Relations Act. Since the enactment of the NLRA in 1935, such rights have not been available to employees of any “State or political subdivision.”1 Indeed, attempts by labor organizations to organize these political subdivisions have largely faltered for precisely this reason.
Now, effective August 7, 2023, employees of these political subdivisions will have the right to:
- Engage in protected, concerted activity for the purpose of mutual aid or protection;
- Organize, form, join, or assist an employee organization (or refrain from doing so);
- Speak with members of the employer’s governing body on terms and conditions of employment; and
- Discuss or express views regarding public employee...
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