On June 16, 2020, the Colorado Partnership for Quality Jobs and Services Act (the Partnership Act) was signed into law.
The Partnership Act allows a certified employee organization, otherwise known as a union, to represent all covered State employees and permits them to engage in collective bargaining with the State. Most classified employees (meaning employees who are employed in the State Personnel System) are covered by the Partnership Act. There are exceptions, though, including confidential employees, managerial employees, executive employees, administrative law judges, hearing officers, state troopers, employees in the legislative branch, and temporary employees; these employees are considered non-covered.
These Frequently Asked Questions (FAQs) have been developed to assist employees with general questions they may have about the Partnership Act and Partnership Agreement, which is the collective bargaining agreement between the State and COWINS. These FAQs have also been updated following the ratification and signing of the 2024 Partnership Agreement.
Disclaimer: The following FAQs are intended to provide general, factual information only and are not all-inclusive; State Personnel Board Rules, law, Partnership Agreement, policy, etc. should be referenced for additional information. The following information is not a contract or legal advice. Subsequent revisions to Partnership Agreements, Rule, or law could create conflicts with this information.
Last Updated: November 15, 2024
Frequently Asked Questions
Q. Who is COWINS?
A. Colorado Workers for Innovative and New Solutions, or COWINS, is the certified employee organization representing classified, covered employees. COWINS describes themselves as a union “work[ing] to improve the quality of services, safety, pay and benefits, working conditions, conflict resolution, staff attrition and more to ensure an effective workforce to serve all Coloradans.” More information is available on COWINS’ website, coloradowins.org.
Q. How did COWINS become the employee organization representing covered State employees?
A. Under the Partnership Act, (C.R.S. § 24-50-1105(2)), COWINS is currently the certified employee organization, commonly referred to as a “union,” that represents all covered employees.
Q. How does an employee contact COWINS or find out more information about the organization?
A. COWINS can be reached at info@cowins.org or (719) 545-0677. Employees can find more information about COWINS at coloradowins.org.
Q. How does an employee become a member of COWINS?
A. Employees can contact COWINS at info@cowins.org or (719) 545-0677 for information on becoming a member
Q. How do new employees typically learn about COWINS?
A. COWINS provides information to new covered employees, including current employees who have recently become covered, during new employee orientation (NEO), which is part of the onboarding process.
As outlined in Article 7 of the Partnership Agreement, COWINS representatives conduct a 30-minute welcome session during NEO or new employee training, generally within the first 30 days of employment. Employees in non-covered positions are excused and absent from COWINS’ portion of NEO.
Q. What information about employees is provided to COWINS?
A. Under Article 5.6 of the Partnership Agreement, the State is required to provide the following information about covered employees to COWINS, unless prohibited by law:
- Name, employee identification number, department, job class, job title, work telephone number, work email address, work location (unless a personal home address), salary, and a date of hire; and,
- Home address, home and personal cell phone numbers, and personal e-mail address (unless directed by the Employee not to provide this information pursuant to Section 24-50-1107(3) of the Partnership Act using the designated opt-out form; an employee may opt back in at any time).
The records created in compliance with this Article are exempt from the Colorado Open Records Act. COWINS must treat the information it receives under this Article as confidential and may not release the information to any third party, except for the purpose of carrying out COWINS’ duties and communicating with employees.
Non-classified and other non-covered employees’ personal contact information is not shared with COWINS.
Q. How does the Partnership Act address the relationship between the State and COWINS?
A. Under the Partnership Act, “the [S]tate and its employees have a shared commitment to delivering excellent services and customer satisfaction, and to serve all Colorado residents with an exemplary degree of professionalism across state government.” The Partnership Act was designed to ensure that the State and covered employees, through chosen representatives, “jointly work to promote cooperative relationships with the shared goal of providing the best possible services to the taxpayers and residents of the [S]tate.”
Please see the Partnership Act and the Partnership Agreement for more information about the State, COWINS, and covered employees.
Q. What are COWINS’ rights under the Partnership Act and Partnership Agreement?
A. Under Article 2 of the Partnership Agreement, COWINS is recognized as the current exclusive certified employee organization and collective bargaining representative of all covered employees. Articles 4 and 5 of the Partnership Agreement outline a number of COWINS’ union rights that include, but are not limited to, collecting dues, engaging in partnership discussions, and having access to covered employees. For more information about COWINS’ rights and responsibilities, please refer to the Act and Partnership Agreement in its entirety.
Q. What are the State’s rights under the Act and Partnership Agreement?
A. The Partnership Act and Article 6 of the Partnership Agreement address certain executive and management rights, such as maintaining the ability to: (a) exercise any right or responsibility reserved to an appointing authority, the State personnel director, or the State personnel board pursuant to the State personnel system and rules or procedures of either the State personnel board or the [State personnel] director; (b) determine and carry out any mission, initiative, task force, agenda, policy, or program of any department, division, office, or other subdivision of the State; (c) establish and oversee budget, finances, and accounting; (d) determine utilization of technology; (e) negotiate with, procure and administer contracts the State has the lawful authority to enter; (f) make, amend and enforce, or revoke reasonable personal conduct rules; or (g) take such actions as may be necessary to carry out any government function during an emergency.
For more information about management rights and responsibilities, please refer to the Act, the Partnership Agreement, and the State Personnel Board Rules and Director’s Administrative Procedures (Rules).
Q. During work hours, is COWINS provided access to covered employees, meetings, and bulletin board spaces?
A. Yes, with reasonable limitations. Please refer to the Partnership Act and Article 5 of the Partnership Agreement, which outline COWINS’ rights to access covered employees during work hours.
Q. May covered employees use their work emails to send COWINS information?
A. Covered employees are permitted to communicate with one another and with COWINS about organization, representation, the partnership process, COWINS’ business and programs, and workplace issues using work email. Generally, covered employees can send and receive such emails before and after work, during duty-free breaks, and occasionally during work time. However, the State’s expectation is that working time is for employees to carry out their work duties for the benefit of the people of the State of Colorado, and for that reason, personal and non-duty related emails during working time (no matter the subject) should be limited and occasional, and should not interfere with any work or any employee’s duties. Covered employees must also follow applicable policies regarding the proper and secure use of State email systems.
Q. May an employee wear COWINS attire in the workplace, for instance, a button or hat?
A. In general, covered employees may wear COWINS clothing, so long as it complies with the dress code of their department, office or institution. If an employee is able to wear a hat for their favorite sports team, for example, they may wear COWINS-related attire.
Non-covered employees may not wear pro- or anti-COWINS clothing in the workplace because they must remain neutral about COWINS.
Q. May a covered employee distribute or post COWINS literature in the workplace?
A. Covered employees are permitted to distribute COWINS literature at work during non-work time. Additionally, COWINS Officials or Stewards may post COWINS literature on bulletin boards, subject to reasonable restrictions that would apply to other non-work related items, as outlined in Article 5.9 of the Partnership Agreement. If your State Entity has a state entity agreement, this process may also be referenced there.
Q. May covered employees participate in COWINS activities during work time?
A. Aside from NEO, time spent on COWINS activities should generally be conducted outside of work time (i.e. after work, during lunch periods, or during breaks), unless otherwise expressly permitted in the Partnership Agreement. While covered employees may spend incidental time at work on COWINS activities, such as reviewing communications from COWINS or visiting COWINS’ website, covered employees are still expected to perform their duties during work time. COWINS Stewards may participate in COWINS activities during work time consistent with Article 5 of the Partnership Agreement. If you have questions about whether a particular activity is allowed during work time, please reach out to your State Entity’s HR or LR representative.
Q. May COWINS talk to covered employees while they are at work?
A. Yes, with reasonable limitations. COWINS shall have reasonable access to covered employees at work through electronic communication, on-site visitation, and other means as further outlined in the Partnership Act, the Partnership Agreement, and applicable State Entity Agreements. Employees can also talk with COWINS during unpaid lunch periods, breaks, and before and after work.
Q. What is “PCA”?
A. PCA stands for ”protected concerted activity.” PCA includes, for example, the right of covered employees to engage in concerted activities for the purpose of the partnership process or other mutual aid or protection, and to engage in or refrain from these activities without interference, restraint, or coercion by the State or COWINS.
Q. What do “ULP” and “PAD” stand for?
A. A ULP is an “unfair labor practice,” which is an alleged violation of the Partnership Act. A PAD, or “Partnership Agreement Dispute,” is a dispute concerning the interpretation, application or enforcement of any provision of the Partnership Agreement. Please refer to the Partnership Act and the Partnership Agreement for more information.
Opt-Out / Opt-In Form
The following form is a secondary method for employees to opt-out or opt back in for having personal contact information shared with WINs, in case you do not have access to ESS.