For the purpose of this chapter, 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. Appropriate units shall be formed by occupational group, such as blue
collar (unskilled, semi-skilled and skilled), white collar (clerical, secretarial, administrative and paraprofessional), professional, corrections and Sheriff.
BOARD. Valencia County Labor Management Relations Board.
CERTIFICATION. The designation by the Board of a labor organization as the exclusive representative for all employees in an appropriate bargaining unit.
COLLECTIVE BARGAINING. The act of negotiating between the employer and an exclusive representative for the purpose of entering into a written agreement regarding wages, hours and other terms and conditions of employment.
CONFIDENTIAL EMPLOYEE. A person who assists and acts in a confidential capacity with respect to a management employee regarding labor management issues.
EMPLOYEE. A regular full-time, non-probationary employee of Valencia County; this definition does not include casual employees such as temporary, seasonal or part-time employees. Supervisory, managerial or confidential employees are also not included.
EMPLOYER. Valencia County.
EXCLUSIVE REPRESENTATIVE. A labor organization that, as a result of a representation election, has been certified by the Board and represents all employees in an appropriate bargaining unit for the purposes of collective bargaining.
GOVERNING BODY. The Valencia County Commission.
GRIEVANCE. A written complaint by a bargaining unit employee regarding an action taken by management resulting in a disciplinary action.
IMPASSE. A failure of the employer and an exclusive representative, after good-faith bargaining to reach agreement in the course of negotiating a collective bargaining agreement.
LABOR ORGANIZATION. Any employee organization one of whose purpose is representation of employees in collective bargaining.
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.
MEDIATION. Assistance by an impartial third party to resolve an impasse in contract negotiations between an employer and an exclusive representative through interpretation, suggestion and advice.
PROFESSIONAL EMPLOYEE. An employee whose work is predominantly intellectual and varied in character and whose work involves the consistent exercise of discretion and judgment in its performance and requires knowledge of an advanced nature in a field of learning customarily requiring specialized study at an institution of higher education or its equivalent. The work of a PROFESSIONAL EMPLOYEE is of the character that the output or result accomplished cannot be standardized in relation to a given period of time.
STRIKE. An employee's refusal, in concerted action with other employees, to report for duty or his or her willful absence or withholding of service 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 working conditions, compensation, rights, privileges, or obligations of employment. The definition of STRIKE includes, but is not limited to, actions commonly known as the blue flu, sick outs, slow downs, traffic ticket writing campaigns, working to the rule, mass resignations, sympathy strikes, and/or willful interference with the operation of the employer.
SUPERVISOR. An employee who devotes a significant amount of work time to supervisory duties, who customarily directs the work of 2 or more employees, and who has the authority in the interest of the employer to effectively recommend the retention, promotion, or discipline of employees.
(Ord. 1-93, passed 3-28-1994)