As used in this part 11, unless the context otherwise requires: (1) "Certified employee organization" means an employee organization that has been certified as the representative of covered employees in a partnership unit pursuant to section 24- 50-1106. (2) "Confidential employee" means a person who is required to develop or present management positions with respect to employer-employee relations, whose duties normally require access to confidential information contributing significantly to the development of such management positions, or who is employed by the department of law and whose duties are to provide direct support to assistant attorneys general in the application, interpretation, or enforcement of this part 11. (3) "Covered employee" means an employee who is employed in the personnel system of the state established in section 13 of article XII of the state constitution, unless the individual falls into any of the following categories: (a) Confidential employees; (b) Managerial employees; (c) Executive employees; (d) The director, the director of the division of labor standards and statistics, the governor's designee, and employees working with either director to implement this part 11; (e) Administrative law judges and hearing officers; (f) State troopers; (g) Employees of the legislative branch; or (h) Temporary appointees as described in section 24-50-114. (4) "Decertification election" means an election conducted by the division when the partnership unit is already represented by a certified employee organization, to determine by a majority of the votes cast whether the covered employees want to be represented by a different employee organization or by no employee organization at all. (5) "Director" means the state personnel director established in section 14 of article XII of the state constitution, or his or her designee. (6) "Division" means the division of labor standards and statistics within the department of labor and employment. (7) "Employee organization" means a nonprofit organization that engages with the state as an employer concerning wages, hours, and terms and conditions of employment and that represents or seeks to represent covered employees in a partnership unit as described in section 24-50-1105. (8) "Executive employee" means an employee: (a) Whose primary duty is management of the entity in which the employee is employed or of a customarily recognized department or subdivision thereof; (b) Who customarily and regularly directs the work of two or more other employees; and (c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight. (9) "Governor's designee" means the person or persons the governor designates, in writing, as the individual or individuals who will represent the state in the exercise of the state's responsibilities under this part 11. (10) "Managerial employee" means any employee having significant responsibilities for formulating agency or departmental policies and programs or administering an agency or department. (11) "New employee orientation" means the onboarding process of a newly hired covered employee, whether in person, online, or through other means or mediums, in which covered employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters. (12) "Partnership agreement" means an agreement established pursuant to section 24-50- 1112 between the state and a certified employee organization. (13) "Partnership agreement grievance" means a dispute concerning the interpretation, application, or enforcement of any provision of a partnership agreement. (14) "Petition" means a document signed by a covered employee in which the covered employee expresses the desire to be represented by an employee organization. A "petition" includes individual petitions or petition cards with a single covered employee's signature, or membership forms or cards showing that a covered employee has joined an employee organization. (15) "Representation election" means an election conducted by the division when the partnership unit is not represented by a certified employee organization, to determine by a majority of the votes cast whether the covered employees wish to be represented by an employee organization. (16) "State" means the state of Colorado, including its agencies, divisions, and departments.
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