The words, terms and phrases as used in this chapter shall have the same meanings as defined in Sec. 10-3. In addition, 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:
1. Confidential employee means any individual who regularly assists or acts in a confidential capacity to an individual, manager, or supervisor who formulates, determines, and effectuates management, personnel, or labor relations policies, or who has access to confidential or discretionary information regarding the formulation of city policy or procedures; or whose functional responsibilities or knowledge concerning employee relations makes the employee's membership in an labor organization incompatible with that employee's duties.
2. Day means calendar day except as otherwise stated.
3. Employee association means the group that represents or seeks to represent professional or supervisory City employees in the meet and discuss process.
4. Employee group may be members of an employee association or labor organization.
5. Excluded employee employee means employees of the city manager's office except employees of the manager's program offices; employees of the offices of mayor and council; employees of the human resources department; police chief, deputy police chief and assistant police chief; fire chief and assistant fire chief; all department directors and deputy directors; program directors; and nonpermanent employees.
6. Fiscal year means the budget term adopted by the city, July 1 through June 30.
7. Initial probationary period means an employee's initial probationary period in conformance with the civil service commission rules which must be completed before the employee becomes a permanent city employee. For purposes of this Chapter, an initial probationary employee may be eligible for representation if designated in the labor agreement and may sign a petition or vote in a representation election if represented under a current labor agreement.
8. Labor agreement means a statement of agreed upon goals and intentions to be implemented through the city's standard legislative and administrative procedures . A labor agreement cannot contradict, supersede, conflict with or modify the Tucson Charter, the Tucson Code, and/or the civil service commission rules.
9. Labor organization means an organization recognized by the mayor and council as authorized to represent employees in permanent positions in specified classifications in the meet and confer process as described in this chapter for the purpose of meeting and conferring relating to wages, hours, benefits and other conditions of employment.
10. Management employee means any city employee who is engaged primarily in executive and management functions and/or is charged with the responsibility of developing, administering or effectuating management policies.
11. Meet and confer means a process requiring the city manager or designee, together with other management representatives to meet with the representatives of a labor organization to discuss and develop mutual recommendations on issues affecting the city and members of the employee group represented by the labor organization, with such mutual recommendations being reduced to a written labor agreement signed by the parties subject to ratification by the members of the employee group and adoption by the mayor and council. The meet and confer process includes discussions of work issues including wages (for purposes of Tucson City Charter Chapter VII, Section 2), benefits, hours and other terms and conditions of employment in connection with the negotiation of new or renewed labor agreements.
12. Meet and consult means the process requiring good faith consultation between the city manager or the manager's designee(s) and the representatives of the labor organizations to discuss new or modified conditions of employment that are proposed by the city manager outside of the meet and confer process and that are not already addressed in approved labor agreements. The meet and consult process is separate and distinct from the meet and confer and/or the meet and discuss processes defined in this chapter. The meet and consult process applies only as provided in Section 14-16 below.
13. Meet and discuss means the process for providing participation by professional and/or supervisory employees in the formulation of policies affecting their annual salaries and benefits, and requiring representatives of the city manager and representatives of the employee association to personally meet at reasonable times in advance of the budget making process and to discuss the proposals for consideration before any recommendations are submitted to the city council by the city manager.
14. Professional employee means city employees in classifications identified as professional in accordance with the Fair Labor Standards Act.
15. Supervisory employee means any individual, except lead persons, police sergeants and fire captains, having authority in the interest of the city either to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)