For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROPRIATE BARGAINING UNIT. A group of employees designated by the Board for the purpose of collective bargaining.
BOARD. The City Labor-Management Relations Board.
CERTIFICATION. The designation by the Board of a labor organization as the exclusive representative for all public employees in an appropriate bargaining unit.
CITY EMPLOYEE. Any permanent, non-probationary employee of the city, including employees whose work is funded in whole or in part by grants or other third party sources, except officials elected by popular vote or appointed to fill vacancies in elective offices; members of boards, commissions, and heads of agencies appointed by the Mayor; heads of agencies appointed by boards and commissions; supervisors; temporary or seasonal employees; and individuals privy to confidential matters of the city government affecting the employer-employee relationship, or any other individuals defined under § 3-2-9(D).
CITY GOVERNMENT. The government of the city acting through and for its agencies, departments, divisions and branches and bureaus.
COLLECTIVE BARGAINING. A procedure whereby representatives of the city government and an employee organization meet, confer, consult, and negotiate with one another in a good-faith effort to reach agreement or otherwise resolve differences relating, or with respect, to wages, hours and other terms and conditions of employment.
CONFIDENTIAL EMPLOYEE. An employee who devotes the majority of their working time to assisting and acting in a confidential capacity with respect to a person who formulates, determines, and effectuates management policies.
EMERGENCY. A one-time crisis that was unforeseeable and unavoidable.
EMPLOYEE ORGANIZATION or LABOR ORGANIZATION. Any organization or labor union one of whose purposes is to represent city employees in collective bargaining, on matters pertaining to wages, hours, terms and conditions of employment, but it does not include any organization that:
(1) Advocates the overthrow of the constitutional form of government in the United States by other than lawful means; or
(2) Discriminates with regard to the terms or conditions of membership because of race, color, sex, creed, age, or national origin.
EXCLUSIVE REPRESENTATIVE. A labor organization that, as a result of certification, has the right to represent all public employees in an appropriate bargaining unit for the purposes of collective bargaining.
IMPASSE. The failure of the parties to agree with respect to any issue or issues over which the parties have negotiated in good faith, and with respect to which neither party is willing to make further concessions.
LOCKOUT. An act by the employer to prevent its employees from going to work for the purpose of resisting demands of the employees' exclusive representative or for the purpose of gaining a concession from the exclusive representative.
MANAGEMENT EMPLOYEE. An employee who is engaged primarily in executive and management functions and is charged with the responsibility of developing, administering or effectuating management policies. An employee shall not be deemed a management employee solely because the employee participates in cooperative decision-making programs or whose fiscal responsibilities are routine, incidental or clerical.
MEDIATION. Assistance by an impartial third party to resolve an impasse between the city and an exclusive representative regarding employment relations through interpretation, suggestion and advice.
PROFESSIONAL EMPLOYEE. Any city employee engaged in work that:
(1) Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
(2) Involves the consistent exercise of discretion and judgment in its performance;
(3) Is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given time period;
(4) Requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of a specialized intellectual instruction and study in an institution of higher learning or hospital, as distinguished from an apprenticeship or from training in the performance of routine mental, manual, or physical processes.
STRIKE. A public employee's refusal, in concerted action with other public employees, to report for duty or the willful absence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of public employment.
SUPERVISOR. An employee who devotes a majority of work time to supervisory duties, who customarily and regularly directs the work of two or more other employees and who has the authority in the interest of the employer to hire, promote or discipline other employees or to recommend such actions effectively, but SUPERVISOR does not include an individual who performs merely routine, incidental or clerical duties or who occasionally assumes a supervisory or directory role or whose duties are substantially similar to those of the individual's subordinates and does not include a lead employee or an employee who participates in peer review or occasional employee evaluation programs.
('74 Code, § 2-2-3) (Ord. 153-1971; Am. Ord. 4-1977; Am. Ord. 2020-045; Am. Ord. 2021-019)