Know Your Rights Brochure

WINS o d a r o l o C

As a member of Colorado WINS you are part of the only organization fighting to win concrete victories that improve quality of services, working conditions, safety, pay and benefits.

WORKPLACE EVALUATIONS Colorado WINS cannot provide representation in evaluation meetings. If you wish to dispute your score, there is a statewide appeals process that we can help guide you to. There is no legal recourse unless a state law or administrative rule was violated.

ONLINE RESOURCES

Members have access to the WINS legal team to receive advice and legal assistance in employment-related matters, including: • Violations of department policies or procedures or state personnel board rules • Conditions of employment • Constitutional rights • Discrimination or whistle blower claims • Matters affecting pay, tenure or status, such as loss of pay, demotions, suspensions, or termination

If you need help in employment related matters, contact Mark Schwane, General Counsel, at 303-937-6454 or at mark.schwane@cowins.org.

For non employment-related matters, our members get discounts through Union Plus, including: • Free initial consultation of up to 30 minutes • Discounts of up to 30% with no annual fee • Access to the largest attorney panel nationwide For more visit UnionPlus.org or ColoradoWINS.org

State Personnel Board, personnel rules, appeal forms: colorado.gov/spb Colorado State Employee Assistance Program, confidential counseling, conflict resolution and mediation with supervisors or coworkers: colorado.gov/dpa/edo (click on C-SEAP) Civil Rights Division: dora.state.co.us/civil-rights

LET’S BE SOCIAL: facebook.com/ColoradoWINS @CoWINSpolitics Text “COWINS” to 787-753

Colorado WINS legal assistance for workplace issues: ColoradoWINS.org (look for the "Legal" tab) ColoradoWINS.org

OFFICES: DENVER HEADQUARTERS 2525 W. Alameda Ave. Denver, CO 80219 303.727.8040­­ GRAND JUNCTION 3168 Pipe Court, Suite 102 Grand Junction, CO 81504 970.263.9900 PUEBLO 304 S. Union Avenue Pueblo, CO 81003 719.545.0677 01/2013

S T H G I R R U O Y KNOW BERS ONLY MEM

As a member of Colorado WINS you have the right to fair treatment and representation.

Get the details on some of your basic rights in the workplace.

YOU CANNOT BE FIRED OR DISCIPLINED FOR

JOINING A UNION

How do I file a grievance?

If you have a workplace situation that does not relate to a disciplinary action you may file a grievance. Each department and institution of higher education has its own grievance procedure, so you should obtain a copy from the HR department or Colorado WINS to determine what the timelines are. Some departments have a form that must be completed to begin the grievance process, check with your HR about that form.

KNOW YOUR RIGHTS:

A Reference Guide for Colorado WINS members

The first step in a grievance is generally an informal discussion with your supervisor about the situation, followed by a written decision and then a meeting with the delegated appointing authority if it cannot be resolved at a lower level.

As a member you are entitled to disciplinary representation and legal assistance in employment matters. Review this brochure to learn about the basic rights you have as a state employee in Colorado.

While Colorado WINS may not provide a representative at all of these meetings, there may be a resolution specialist in your area who can assist or Colorado WINS staff who can provide assistance with filing your grievance.

PRIDE & RESPECT You work for the state to make Colorado a great place to live and work. As the only union representing state employees, Colorado WINS fights for respect at the worksite and in the legislature. Collectively, we can restore respect of employees and pride to the workforce.

WHAT'S IN A MEMBERSHIP? We aim to ensure the best services for Coloradans. In addition to legal representation in the workplace you are also eligible for a number of benefits through our membersonly programs. Visit ColoradoWINS.org to find out more.

What should you do if you are asked to sign a corrective action or other document, with which you disagree?

Sign the document acknowledging that you have read and received the document. Make sure you keep a copy for your records. Do not argue with your supervisor about the contents of the document at that time, there will be opportunity later to express your version of events. After signing the document you may file a grievance contesting it or write a letter in response and have it placed in your personnel file.

What should you do if you are placed on Administrative Leave?

First, cooperate with your supervisor and anyone else involved in placing you on Administrative Leave. Do not argue or otherwise try to explain, there will be time for that later and anything that you say at this point could harm your case later. Do not speak to any of your co-workers, either on or off the job site, about your situation. You should refrain from calling or otherwise attempting to contact your co-workers while you are on Administrative Leave.

If you are a member of Colorado WINS call your representative immediately after you leave the premises and inform them of what has occurred.

What should you do when you receive notice of a Rule 6-10 (R6-10) meeting?

You have the right to representation at the R610 meeting. You have the right to know what the allegations against you are prior to the meeting. Do not talk to your co-workers about the R6-10 meeting or the allegations before or after the meeting.

STATE PERSONNEL BOARD, STATE OF COLORADO NOTICE OF R6-10 MEETING Complainant, vs.

DEPARTMENT OF HUMAN SERVICES, COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO, Respondent.

This case will be heard on November 21, 2014 at the Department of Human Services headquarters in Denver, Colorado. The Complainant has the right to a representative and the right to know what the allegations against him or her are prior to the meeting. Lorem ipsum do sit amet, consectetuer adipiscing elit. Aenean commodo ligula eget dolo Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quam felis, ultricies nec, pellentesque eu pretium quis sem Nulla consequat massa quis enim

If you are a member of Colorado WINS you should call your representative immediately after you have received notice of an R6-10.

The representative will get you the paperwork needed to arrange for Colorado WINS representation.

Corrective Actions are not automatically appealable to the State Personnel Board; instead you must follow the grievance procedure.

If you are verbally notified of the R6-10 make sure you understand the issue or issues that will be discussed. If you are not sure why the meeting is being called, you can politely ask for clarification after receiving your verbal notice.

What should you do if you believe that you have been discriminated against?

What should you do when you receive notice of Disciplinary Action?

If you believe that you have been discriminated against at work on the basis of disability, race, color, gender, sexual orientation, religion, age, national origin, ancestry, political affiliation, or veteran’s status you have ten (10) calendar days from the time you became aware of the discrimination to file an appeal.

If management decides to impose discipline after an R6-10 meeting you will receive a written notice of Disciplinary Action about a week after the R6-10. From the day you receive that written notice you have ten (10) calendar days to file an appeal with the State Personnel Board.

As a state employee your first step is to file an appeal with the State Personnel Board. On that appeal form, you will check the box alleging discrimination and specify what type or types of discrimination you are alleging. The State Personnel Board will then give you the option of requesting an investigation with the Colorado Civil Rights Division.

If you are a member of Colorado WINS and you were represented in your R6-10 by a Colorado WINS staff person, call them immediately.

If you were not represented by Colorado WINS in your R6-10, call your representative. The Colorado WINS legal department will evaluate your case according to Colorado WINS Legal Defense Program policy.

The Board may also require that you go through the grievance process prior to appealing. The Board will notify you as to what steps you must follow. It is very important that you follow all timelines and instructions.

Contact your Colorado WINS representative to complete a Request for Representation form if you need assistance.

Do you have other questions?

If you have further legal questions or need assistance with a current case, you can contact Mark Schwane, General Counsel, at 303.937.6454 or mark.schwane@cowins.org.