COLORADO DEPARTMENT OF HUMAN SERVICES DIVISION OF YOUTH CORRECTIONS
POLICY S 3.2
CHAPTER:
PAGE NUMBER 1 OF 6
Personnel
SUBJECT: Membership in Employee ORGANIZATIONS and Employee Representation EFFECTIVE DATE: June 1, 2008
THIS POLICY RELATES TO: State-Operated Treatment Facilities State-Operated Detention Facilities Regional Offices Central Office
John Gomez, Director
I.
POLICY: The Colorado Department of Human Services recognizes the right of all employees to associate, selforganize and designate representatives of their choice. In order to effectuate this right in a large and diverse department, the following policy, procedures and definitions are hereby adopted. Employees of the Division of Youth Corrections shall have the unencumbered prerogative of freedom of association, self-organization, and designation of representatives of their choice.
II.
KEY TERMS:
III.
A.
APPOINTING AUTHORITY
B.
Employee ORGANIZATION
PROCEDURES: A. B.
Because the State of Colorado does not have a collective bargaining statute, the administration of the Division of Youth Corrections cannot and shall not negotiate a contract or collectively bargain with any employee ORGANIZATION. Employees of the Division of Youth Corrections have the right to exercise full freedom of association, self-organization, and designation of representatives of their own choice, therefore: 1.
Membership in any employee ORGANIZATION shall not be a condition of employment.
2.
No employee shall be coerced NOR INFLUENCED BY APPOINTING AUTHORITIES OR SUPERVISORS into joining or not joining an employee ORGANIZATION. THIS SHALL INCLUDE ATTENDING OR NOT ATTENDING MEETINGS WITH EMPLOYEE ORGANIZATIONS.
3.
Representatives of an employee ORGANIZATION shall not contact Division of Youth Corrections' employees during working hours for the purpose of recruitment.
CHAPTER Personnel
SUBJECT Membership in Employee ORGANIZATIONS and Employee Representation
4.
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a.
The appointing authority shall allow informational or member solicitation meetings during a common lunch hour, or before or after regular work shifts. Such meetings may occur in state facilities or on state property at times and locations specified by the appointing authority. Reasonable costs associated with providing meeting space to employee organizations shall be paid by the employee organizations within thirty days of billing by the affected department. Meetings for regular state business shall have priority over employee association meetings.
b.
Except as stated above, employee ORGANIZATIONS shall not have access to COLORADO DEPARTMENT OF HUMAN SERVICES’ facilities, however, areas outside common entrances and on sidewalks associated with COLORADO DEPARTMENT OF HUMAN SERVICES’ facilities may be used by employee associations as long as such use does not interfere with normal operations or access and meets the safety and security policies of the affected COLORADO DEPARTMENT OF HUMAN SERVICES’ facility. Each COLORADO DEPARTMENT OF HUMAN SERVICES’ facility may promulgate safety and security policies and procedures and designate liaison processes and personnel to ensure that business operations and safety needs SHALL be met. Such policies shall be approved by the Executive Director.
Literature for employee ORGANIZATIONS may be made available to all employees through the appropriate COLORADO DEPARTMENT OF HUMAN SERVICES’ District Human Resources Division and/or the Facility Directors' AND/OR THE REGIONAL DIRECTOR’S offices AND/OR THE CENTRAL OFFICE.
5.
Employee ORGANIZATIONS’ literature may be posted on designated facility bulletin boards when permission has been granted by the APPOINTING AUTHORITY’S DESIGNATED LIAISON FOR the Division of Youth Corrections: THE Facility Director, Regional Director OR THE ASSOCIATE DIRECTOR OF ADMINISTRATIVE AND SUPPORT SERVICES.
6.
NO OTHER POSTING OF SIGNS, LOGOS OR LITERATURE BY EMPLOYEE ORGANIZATIONS SHALL BE ALLOWED AT COLORADO DEPARTMENT OF HUMAN SERVICES’ FACILITIES.
C.
The interoffice mail service shall not be used for the distribution of literature about employee unions.
D.
EMAILS FROM EMPLOYEE ORGANIZATIONS TO DEPARTMENT EMPLOYEES CONTAINING INFORMATION ABOUT THEIR ORGANIZATIONS, EVENTS,
CHAPTER Personnel
SUBJECT Membership in Employee ORGANIZATIONS and Employee Representation
POLICY S 3.2
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SURVEYS, MEETINGS AND/OR STATE EMPLOYEE RELATED NEWS WHICH ARE SENT THROUGH EMPLOYEE WORK EMAIL ACCOUNTS SHALL BE SUBJECT TO THE FOLLOWING RESTRICTIONS:
E.
1.
VOLUME (BROADCAST) EMAILS, DEFINED AS EMAILS OF BROAD GENERAL INTEREST TO MULTIPLE STATE EMPLOYEES NOT CONCERNING A SPECIFIC EMPLOYMENT MATTER BETWEEN AN EMPLOYEE AND HIS OR HER REPRESENTATIVE OR OTHER SPECIFIC TOPIC RELATED TO A SMALL GROUP OF INDIVIDUALS, MUST BE DELIVERED AFTER 6PM.
2.
THE EMPLOYEE ORGANIZATION MAY WISH TO CONTACT THE DEPARTMENT’S OFFICE OF INFORMATION TECHNOLOGY SERVICES (OITS) PRIOR TO SENDING ANY BROADCAST E-MAIL TO ENSURE COMPATIBILITY WITH THE DEPARTMENT’S E-MAIL SPAM FILTERS.
3.
VOLUME EMAIL CONTENT MUST BE INFORMATIVE AND FACTUAL IN NATURE. NO POLITICAL ENDORSEMENTS OR OPPOSITION, AND NO EMAILS COMMENTING ON MANAGERS, SUPERVISORS, ADMINISTRATION OFFICIALS OR OTHER EMPLOYEE ORGANIZATIONS SHALL BE SENT THROUGH THE STATE EMAIL SYSTEM.
4.
TO ENSURE THE SECURITY OF THE STATE EMAIL SYSTEM, EMAILS SHALL NOT CONTAIN ATTACHMENTS.
5.
A STATE EMPLOYEE ORGANIZATION MAY SEND ONLY ONE VOLUME EMAIL PER MONTH.
6.
EMPLOYEES MAY OPT OUT OF AN EMPLOYEE ORGANIZATION’S EMAIL LIST AT ANY TIME AND THE EMPLOYEE ORGANIZATION SHALL PROMPTLY RESPECT AND ACT ON THOSE REQUESTS. ALL EMAILS SHALL CONTAIN A STATEMENT NOTIFYING STATE EMPLOYEES THAT THEY CAN CHOOSE NOT TO RECEIVE FUTURE EMAILS FROM THE SENDING ORGANIZATION OR REPRESENTATIVE ALONG WITH DIRECTIONS ON HOW STATE EMPLOYEES CAN “OPT OUT” OF SUCH EMAIL.
7.
FAILURE TO COMPLY WITH THESE EMAIL PROCEDURES MAY RESULT IN THE DECISION OF THE APPOINTING AUTHORITY TO ELECTRONICALLY BLOCK ALL FUTURE BROADCAST EMAIL OF THE NON-COMPLIANT ORGANIZATION AS AN IMPROPER INTERFERENCE WITH PUBLIC BUSINESS.
State owned/operated equipment and/or supplies shall not be used for the reproduction of independent employee ORGANIZATION literature. 1.
AN EMPLOYEE WHO IS A MEMBER OF AN EMPLOYEE ORGANIZATION, WHO REPRESENTS SUCH ORGANIZATION, AND WHO IS ATTENDING AN OFFICIAL COLORADO DEPARTMENT OF HUMAN SERVICES’ MEETING AT THE REQUEST OF THE EXECUTIVE DIRECTOR OR DESIGNEE, SHALL BE GRANTED REASONABLE ADMINISTRATIVE LEAVE FOR SUCH PURPOSE.
CHAPTER Personnel
SUBJECT Membership in Employee ORGANIZATIONS and Employee Representation
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OTHER EMPLOYEES ATTENDING EMPLOYEE ORGANIZATION MEETINGS DURING WORKING HOURS SHALL REQUEST PERSONAL LEAVE, IN ADVANCE, FOR THAT PURPOSE. 2.
ANNUAL leave/COMPENSATORY LEAVE may be requested to attend official meetings of an employee ORGANIZATION and/or to serve as an employees' representative in hearings away from the work site. All such requests for ANNUAL leave/COMPENSATORY LEAVE shall be forwarded to the Appointing Authority for approval prior to implementation.
3.
Prior to making a request for the use of ANNUAL leave/COMPENSATORY LEAVE, the employee shall first take into consideration the staffing needs of the work unit and determine whether alternative employees are available for replacement coverage or whether an alternate may attend the ORGANIZATION’S event. In addition, THEY shall make efforts to arrange/attend events during hours THEY ARE not scheduled to work.
4.
Prior to recommending to the Director of the Division of Youth Corrections that an employee be granted the use of ANNUAL leave/COMPENSATORY LEAVE for the purpose of attending an employee ORGANIZATION’S meeting, event, or hearing, the Facility Director or Regional Director shall ensure that the employee's participation does not interfere with adequate staff coverage of the facility, does not conflict with the duties assigned to that individual, and does not conflict with the mission of the Division of Youth Corrections.
5.
When determining whether ANNUAL leave/COMPENSATORY LEAVE is to be recommended, the Facility Director or Regional Director shall take into consideration the leave record of the individual making the request and whether THEY HAVE met the criteria enumerated herein.
6.
The request process for this leave shall be in accordance with the procedures established by the work unit for the request and approval of the use of ANNUAL leave/COMPENSATORY LEAVE.
7.
ANNUAL leave/COMPENSATORY LEAVE granted for the purpose of attending an employee ORGANIZATION’S meeting, event, or hearing shall not exceed two (2) hours per quarter per individual.
8.
All requests and approvals shall be in accordance with the Division of Youth Corrections' and work units' procedures.
9.
Colorado State Personnel Rules provides that, "THE EMPLOYEE’S REPRESENTATIVE MAY CONFER, WITH PRIOR CONSENT FROM THE SUPERVISOR, ON EMPLOYMENT MATTERS DURING WORK HOURS. SUCH CONFERENCES SHOULD BE SCHEDULED TO MINIMIZE DISRUPTION TO PRODUCTIVITY AND THE GENERAL WORK ENVIRONMENT. A SUPERVISOR’S CONSENT SHALL NOT BE UNREASONABLY WITHHELD." The Division of Youth Corrections shall execute this rule by adhering to the following guidelines:
10.
EMPLOYEE ORGANIZATIONS GRANTED ACCESS TO STATE FACILITIES SHALL NOT DISRUPT WORK OPERATIONS AND SHALL
CHAPTER Personnel
SUBJECT Membership in Employee ORGANIZATIONS and Employee Representation
POLICY S 3.2
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CONFORM TO WORKSITE SAFETY AND SECURITY POLICIES AND PROCEDURES. EMPLOYEE ORGANIZATION REPRESENTATIVES SHALL WEAR REASONABLE IDENTIFICATION THAT CLEARLY SHOWS THEIR ORGANIZATIONAL AFFILIATION, SHALL CONDUCT THEMSELVES IN A PROFESSIONAL MANNER AND SHALL RESPECT THE REQUEST OF ANY EMPLOYEE WHO DOES NOT WISH TO ENGAGE IN A DISCUSSION OR ACCEPT LITERATURE. a.
11.
The employee shall submit a written request to his/her immediate supervisor. The request shall be specific regarding the purpose of and the length of the conference. The supervisor shall attach a recommendation concerning approval or denial of the employee's request and submit the request to the Facility Director, Regional Director OR ASSOCIATE DIRECTOR OF ADMINISTRATIVE AND SUPPORT SERVICES for final approval. a.
F.
Prior to making a request for the scheduling of a conference with an ORGANIZATION’S representative during working hours, the employee shall take into consideration the staffing needs of the work unit and/or determine whether alternative employees are available for coverage.
In order to minimize disruption of state business, operations or facilities, the appointing authority may approve or deny requests for meetings or solicitations during work hours based on the reasonable business needs of the affected department.
12.
No employee representative shall confer with an employee at his/her job site during business hours without the prior knowledge and consent of the Facility Director, Regional Director OR ASSOCIATE DIRECTOR OF ADMINISTRATIVE AND SUPPORT SERVICES.
13.
Meetings shall not be conducted in the presence of juveniles and shall not interfere with the provision of services and programs to juveniles placed in the facility's care.
14.
When determining whether the request will be granted, the supervisor or manager shall take into consideration whether the employee has met the criteria enumerated herein.
15.
The Facility Director, Regional Director, OR ASSOCIATE DIRECTOR OF ADMINISTRATIVE AND SUPPORT SERVICES shall determine the location of the conference.
16.
If the employee's representative is a Division of Youth Corrections' employee, the representative shall request the use of leave if the conference occurs during his/her scheduled work shift.
The Division of Youth Corrections shall comply with the Colorado Personnel Board's Rules and PROCEDURES by entitling employees to representation during meetings held within the grievance procedure. PERSONNEL Rules
CHAPTER Personnel
SUBJECT Membership in Employee ORGANIZATIONS and Employee Representation
POLICY S 3.2
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indicate that any employee may be represented by a party of his/her own choosing at the various steps of the grievance process. 1.
An employee is allowed to have one representative at PREDISCIPLINARY meetings conducted under Chapter 8 rules.
2.
An employee is not entitled to representation in supervision meetings that are not held under Chapter 6 rules.
3.
The representative may be an attorney, an employee ORGANIZATION's representative, a co-worker who may or may not be a member of an employee ORGANIZATION, or an individual who may or may not be affiliated with an employee ORGANIZATION.
4.
A Division of Youth Corrections' employee who serves as another employee's representative shall not attend scheduled conferences during his/her scheduled work hours. If scheduled conferences take place during his/her scheduled work hours, THEY shall obtain approval for the use of personal leave prior to attending the conference.
G.
COLORADO OPEN RECORDS LAWS ALLOW CITIZENS AND ORGANIZATIONS TO OBTAIN STATE EMAIL AND TELEPHONE LISTS. FREQUENT AND UNANTICIPATED REQUESTS FOR THIS INFORMATION MAY BE DISRUPTIVE. THEREFORE, UPON REQUEST, THE COLORADO DEPARTMENT OF HUMAN SERVICES WILL ENDEAVOR TO PROVIDE A LIST OF ITS EMPLOYEE’S NAMES, STATE TELEPHONE NUMBERS AND STATE EMAIL ADDRESSES TO EMPLOYEE ORGANIZATIONS ON A QUARTERLY BASIS. USE OF SUCH LISTS SHALL BE SUBJECT TO THE PROVISIONS OF THIS POLICY. THE COLORADO DEPARTMENT OF HUMAN SERVICES DOES NOT WARRANT THE ACCURACY OF SUCH LISTS.
H.
EMPLOYEES MAY CHOOSE TO BE INCLUDED IN AN EMPLOYEE ORGANIZATION’S TELEPHONE AND EMAIL CONTACTS BY SO NOTIFYING THE EMPLOYEE ORGANIZATIONS OF THEIR CHOICE. EMPLOYEES WHO DO NOT WISH TO BE CONTACTED FOR MEMBERSHIP SOLICITATION, SURVEYS, NEWS OR LOBBYING BY EMPLOYEE ORGANIZATIONS AND THEIR REPRESENTATIVES OR CONTRACTORS MAY “OPT OUT” BY SO INFORMING THE EMPLOYEE ORGANIZATIONS. THE EMPLOYEE ORGANIZATIONS SHALL PROMPTLY RESPECT THOSE REQUESTS BY REMOVING THE REQUESTING EMPLOYEE FROM ALL ACTIVE CONTACT LISTS. FAILURE TO HONOR SUCH REQUESTS MAY RESULT IN THE LOSS OR RESTRICTION OF TELEPHONE CONTACT PRIVILEGES FOR THE AFFECTED EMPLOYEE ORGANIZATION, AT THE DISCRETION OF THE EXECUTIVE DIRECTOR.
