know your rights brochure

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ONLINE RESOURCES 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 Colorado WINS legal assistance for workplace issues: ColoradoWINS.org (look for the "Legal" tab) 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. PUEBLO 304 S. Union Avenue Pueblo, CO 81003 719.545.0677 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 OFFICES: facebook.com/ColoradoWINS @CoWINSpolitics Text “COWINS” to 787-753 LET’S BE SOCIAL: Colorado WINS MEMBERS ONLY KNOW YOUR RIGHTS KNOW YOUR RIGHTS 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. 01/2013 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. If you need help in employment related matters, contact Mark Schwane, General Counsel, at 303-937-6454 or at [email protected]. For more visit UnionPlus.org or ColoradoWINS.org 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 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 ColoradoWINS.org

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Frequently Asked Questions about members-only legal benefits through Colorado WINS

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Page 1: Know Your Rights Brochure

ONLINE RESOURCESState 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

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

WORKPLACE EVALUATIONSColorado 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.

PUEBLO304 S. Union Avenue

Pueblo, CO 81003 719.545.0677

DENVER HEADQUARTERS2525 W. Alameda Ave.

Denver, CO 80219 303.727.8040

GRAND JUNCTION3168 Pipe Court, Suite 102Grand Junction, CO 81504

970.263.9900

OFFICES:

facebook.com/ColoradoWINS

@CoWINSpolitics

Text “COWINS” to 787-753

LET’S BE SOCIAL:

Colorado WINS

MEMBERS ONLYKNOW YOUR RIGHTS

KNOW YOUR RIGHTS

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.

01/2013

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.

If you need help in employment related matters, contact Mark Schwane, General Counsel, at

303-937-6454 or at [email protected].

For more visit UnionPlus.org or ColoradoWINS.org

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

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

ColoradoWINS.org

Page 2: Know Your Rights Brochure

How do I file a grievance?If you have a workplace situation that does not relate toadisciplinaryactionyoumayfileagrievance.Eachdepartment 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.

Thefirststepinagrievanceisgenerallyaninformaldiscussionwithyoursupervisor 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.

While Colorado WINS may not provide a representative at all of these meetings, there may be a resolution specialist in your area who can assistorColoradoWINSstaffwhocanprovideassistancewithfilingyourgrievance.

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 signingthedocumentyoumayfileagrievancecontestingitorwritealetterinresponseandhaveitplacedinyourpersonnelfile.

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

What should you do if you believe that you have been discriminated against?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,politicalaffiliation,orveteran’sstatusyouhaveten(10)calendardaysfromthetimeyoubecameawareofthediscriminationtofileanappeal.

Asastateemployeeyourfirststep is tofileanappealwith theStatePersonnel 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.

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.

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 R6-10 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.

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.

If you are verbally notified of the R6-10make sure you understandthe issue or issues that will be discussed. If you are not sure why themeetingisbeingcalled,youcanpolitelyaskforclarificationafterreceiving your verbal notice.

What should you do when you receive notice of Disciplinary Action?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)calendardaystofileanappealwiththeStatePersonnelBoard.

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.

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 [email protected].

KNOW YOUR RIGHTS: A Reference Guide for Colorado WINS membersAs 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.

PRIDE & RESPECTYou work for the state to make Colorado a great place to live and work. As the only union representing state employees, ColoradoWINSfights for respectat theworksiteand in thelegislature. 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 alsoeligibleforanumberofbenefitsthroughourmembers-only programs. Visit ColoradoWINS.orgtofindoutmore.

YOU CANNOT BE FIRED OR DISCIPLINED FOR JOINING A UNION

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 dosit amet, consectetuer adipiscing elit. Aenean commodo ligula eget doloAenean 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