Designation Dispute

The Designation Dispute is a process intended to help parties resolve disputes at the departmental level. It is not an adversarial process. Every reasonable effort should be made by the parties to resolve the issue at the lowest possible level in a timely manner. Informal resolution is intended to be initiated prior to an external State Personnel Director’s Coverage Designation Dispute review.

Flowchart stepping through having a question on a designation to the department issuing a final decision on the designation

Internal Stage. This is the first stage of a designation dispute. Each department shall communicate and administer this internal dispute resolution process established by the Director.

  1. If an employee has a question and wants to understand their position’s current designation, the first step should be to talk to their supervisor. 

  2. If an employee would like the designation to be reevaluated the employee should send an email to their department’s HR unit and copy their current supervisor. To initiate an internal review of the designation the email should contain the request along with a justification statement. 

    Example: I am requesting a review of my current designation of non-covered, managerial. I believe that my current duties and responsibilities are covered in the Act because while I make decisions regarding policies for the department I do not directly manage any other employees.

  3. The department’s HR unit and appointing authority will schedule a discussion within ten (10) days of filing, which is the receipt of the email request.The request will evaluate your current position description and job duties and will make a determination on the designation. Decisions regarding designation of covered and non-covered are based upon definitions found in the Act and job duties assigned to the position. See Covered EE Labor Relations Decision Tree.

  4. Once the review is complete the HR unit will send the employee a final written department decision within thirty-five (35) calendar days of the filing. The department will also copy the certified employee organization and the department’s Labor Relations representative of the final written department decision. It is thirty-five (35) days total for an internal dispute: ten (10) days to discuss with the employee; and twenty-five (25) days to issue a written response.

  5. The final written department decision will include instructions for disputing the designation to the State Personnel Director.

Internal Stage Conclusion. A department’s decision on issues involving an employee’s covered designation based on the individual’s position description and job duties concludes at the internal stage and no further internal recourse is available.

Flowchart showing steps from department issuing decision on designation through to the director issuing the final decision.

The Director’s Coverage Designation Dispute Stage. This external stage is administered by the Director. Only the issues in the original written coverage dispute filed with the department’s internal dispute process shall be reviewed by the Director. 

The Director’s Coverage Designation Disputes shall use the Covered/Non-covered Employee Designation Dispute Form.

  1. An external State Personnel Director’s review can only be initiated after a final written department decision on the designation has been issued.

  2. The Director reviews the decision in question regarding if the designation of covered or non-covered aligns to the Act’s definitions.

  3. Only a department or a certified employee organization may file a designation dispute review with the State Personnel Director.

  4. The State Personnel Director accepts filings by email as follows:

  5. The email filing sent to DPA_LaborRelations@state.co.us shall include the following information for the State Personnel Director to review: 

    1. Subject line that includes: (a) dispute, (b) department, (c) position number, (d) class code & title, and (d) the phrase “Electronic Filing”:
      Example: 
      Designation Dispute,  DPA, AAA00000, H1C1XX Analyst I (Electronic Filing); or
      Department of State AAA12345 (New Designation Dispute) Electronic Filing.

    2. Department in which the position is located

    3. Division / Unit at the Department

    4. Position Number

    5. Current Designation

    6. Reason and/or Exception Cited for non-covered designation

    7. Class Code and Class Title

    8. Working Title

    9. Justification on why the designation should be changed

    10. Attachments

      • Current Position Description

      • Current Job Duties

      • Department’s decision letter

  6. The State Personnel Director or designee will review the information submitted in the filing to make a determination. Nothing in the process prohibits the State Personnel Director for requesting other documents or clarification from the department or certified employment organization filing the dispute.

  7. The State Personnel Director or designee shall issue a written decision within ninety (90) days of receipt of email filing to both the department and the certified employee organization. 

Pursuant to § 24-50-1106(4), C.R.S., the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics has jurisdiction to hear final decisions of the State Personnel Director regarding whether certain employees are appropriately designated as covered or non-covered employees. 

A department of a certified employee organization may file a Notice of Appeal with the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics within thirty-five (35) calendar days from the date of the decision of the State Personnel Director. A valid appeal is a written statement that is timely filed, explains the basis for the appeal, and has been signed by the appellant or the appellant’s authorized representative.