The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Note that the definitions of the terms "confidential employee," "managerial employee," "supervisor," and "temporary employee" listed below apply only to the Collective Bargaining Ordinance and do not impact the definitions of these terms as they may be used in the Loudoun County Human Resources Handbook or other personnel documents.
(a) “Benefits” means, employer contributions and premium cost sharing for the employee group health plan, and all other employee benefits, including those benefits outlined in Appendix A of Chapter 6 of the County's Human Resources Handbook, for which the County has exclusive or discretionary control over, and the County is solely responsible for, funding, plan design, administration, and/or governance. This term shall not include benefits provided or administered solely by the Commonwealth of Virginia through the Virginia Retirement System or otherwise, or benefits established and administered in accordance with the Code of Virginia over which the County does not have discretion or control.
(b) “Board of Supervisors” or “Board” means the Loudoun County Board of Supervisors.
(c) “County” means the County of Loudoun acting through its County Administrator or the County Administrator's designee.
(d) “Collective Bargaining” means to perform the mutual obligation of the County, by its representatives, and the exclusive bargaining representative of employees in a bargaining unit, to meet and negotiate in good faith at reasonable times and places regarding wages, benefits, and working conditions, and procedures to resolve employee grievances, including disciplinary matters subject to the grievance process as set forth in Chapter 11 of the Human Resources Handbook, with the good faith intention of reaching an agreement remaining in effect until superseded by a new agreement. Any agreement reached by collective bargaining shall be subject to appropriation of funds by the Board of Supervisors.
The County shall not negotiate as to matters controlled or preempted by any federal or state constitutional provision, law, rule, or regulation.
(e) “Collective Bargaining Agreement” or “CBA” means the binding written contract between the County and an exclusive bargaining representative for a bargaining unit authorized by this chapter and resulting from collective bargaining as defined in this section.
(f) “Confidential employee” means any employee who works in or for:
(1) The Office of the County Administrator;
(2) The Office of the County Attorney;
(3) The Department of Human Resources;
(4) The Department of Finance and Budget, excluding the Division of Procurement.
The term “confidential employees” also includes:
(1) Those employees whose job duties require authorized access to confidential information pertaining to the County's budgetary and financial data, emails between management staff and the Board, personnel data, or strategy, relevant to subjects within the scope of collective bargaining as set forth in this chapter, or those employees within the Information Technology department whose job duties require authorized access to confidential information pertaining to personnel data or management emails relevant to subjects within the scope of collective bargaining.
(2) A position in any department in which the employee assists in a confidential capacity, persons who formulate, determine, and effectuate management policies in the field of labor relations.
(g) “Eligible Employee” means any employee of the County, except it does not include anyone who is:
(1) An employee of any local constitutional officer, i.e., officers elected pursuant to Chapter VII, Section 4 of the Constitution of Virginia;
(2) A confidential employee, as defined in this section;
(3) A managerial employee, as defined in this section;
(4) A supervisor, as defined in this section;
(5) A temporary employee, as defined in this section;
(6) An intern or volunteer;
(7) A member of a board or commission, or other appointee of any elected official or public body as defined by state law, unless such appointee is an otherwise eligible employee of the County; or
(8) An attorney whose responsibilities include providing legal advice to the County or performing legal research for the County as a client;
(h) “Employee organization” means an organization in which employees participate, and that exists for the purpose, in whole or in part, of representing employees in collective bargaining and labor-management disputes.
(i) “Exclusive bargaining representative” means the employee organization recognized by the County as the only organization that may bargain collectively for all employees in a bargaining unit (as defined herein).
(j) “Formal meeting” means a preplanned meeting between one or more representatives of the County and one or more eligible employees regarding any grievance, personnel policy, or other general condition of employment.
(k) “Impasse” means the failure of the County and an exclusive bargaining representative to reach agreement during collective bargaining negotiations.
(l) “Labor-management dispute” means a difference of position between the County and an exclusive bargaining representative concerning: the administration or interpretation of an existing collective bargaining agreement; administration or interpretation of this chapter; and whether an act is an unfair or prohibited labor practice. Labor-management disputes shall not include an individual employee grievance as defined by Virginia Code § 15.2-1507(A)(1).
(m) “Lockout” means any action taken by the County intended to interrupt or prevent the continuity of work properly and usually performed by employees for the purpose of coercing or intimidating employees in the exercise of their rights conferred by this chapter or influencing their exclusive bargaining representatives' positions in collective bargaining negotiations.
(n) “Majority” means fifty percent (50%) plus one eligible employee voting in an election to choose an exclusive bargaining representative.
(o) “Managerial employee” means any individual who:
(1) Is at or above the Division Manager I level in the County's classification and compensation system; or
(2) Participates in the formulation of employment or labor-related policy; or
(3) Is engaged in executive or management functions as part of their job duties; or
(4) Is charged with the responsibility of directing the implementation of employment or labor-related management policies, procedures, or practices; or
(5) Is responsible for the administration of collective bargaining agreements or human resources or personnel decisions, including, but not limited to, staffing, reductions-in-force/layoffs, reorganizations, hiring, discipline, evaluations, pay, assignments, transfers, promotions, or demotions.
(p) “Mediation” means an effort by a neutral third-party factfinder to assist confidentially in resolving an impasse or labor-management dispute. The mediation process is advisory only, and the mediator shall have no authority to bind either party.
(q) “Supervisor” means any individual who has authority, in the interest of the County, to hire, transfer, suspend, lay off, recall, promote, discharge, reward, complete performance appraisals and make personnel decisions based on those appraisals, or discipline other employees, or to adjust their grievances if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. With respect to Loudoun County Fire and Rescue, "supervisor" includes all personnel at the rank of battalion chief or above.
(r) “Strike” means when an employee of the County, in concert with two or more other County employees, engages in a work stoppage, slow down, or willfully refuses to perform the duties of his or her employment for the purpose of obstructing, impeding, or suspending any activity or operation of the County (see Virginia Code § 40.1-55) or inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of County employment.
(s) “Temporary employee” shall be a term defined by the Board in the Human Resources Handbook. However, in the event a petition or election occurs prior to inclusion of a new definition of "temporary employee" in the Human Resources Handbook after December 7, 2021, then all non-excluded employees who have worked for the County for ninety consecutive days or more shall be deemed eligible employees for such purposes.
(Ord. 21-19. Passed 12-7-21.)