(A) CHARTER. The Charter of the City of West Carrollton, as amended from time to time.
(B) CITY MANAGER. The Manager appointed by the city Council as provided in the city Charter.
(C) COUNCIL. The legislative body of the city.
(D) CONFIDENTIAL EMPLOYEES. Employees who in the usual course of their duties have access to confidential information concerning administrative, financial, personnel, or legal matters of the city, subject to use by the city in collective bargaining.
(E) DIRECTOR. The administrator of personnel matters of the city and his senior assistants, as designated by the City Manager.
(F) EMPLOYEE. Any person employed by the city, except:
(1) The Mayor and members of the Council;
(2) All employees in exempt positions, except those enumerated in § 10.02(9) of the Charter;
(3) Employees within their probationary period;
(4) Part-time (other than regular part-time), temporary, casual, and seasonal employees;
(5) Confidential employees, management employees, professional employees, and supervisory employees, as defined herein.
(G) EMPLOYEE ORGANIZATION. Any organization in which employees participate, and which exists for the purpose, in whole or in part, of dealing with the city in matters concerning wages, hours, fringe benefits, and working conditions, and which has registered with the city in accordance with the provisions of § 34.36, or is recognized as an employee organization under the provisions of § 34.37.
(H) IMPASSE. The failure of the parties to an existing agreement to achieve agreement 30 days prior to the expiration date thereof, or the failure of the city and an employee organization to reach agreement on an initial agreement within 90 days after negotiations have commenced.
(I) MANAGEMENT EMPLOYEE. A department director, his chief assistant, and other positions as designated from time to time by the City Manager.
(J) NEGOTIATE. The mutual obligation of the city and the duly authorized representatives of a recognized employee organization to negotiate in good faith in order to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation.
(K) PROFESSIONAL EMPLOYEE. Any employee engaged in work which is predominantly intellectual, involving the consistent exercise of discretion and judgment in its performance, and requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship; or an employee who has completed the courses of specialized intellectual instruction, and is performing related work under supervision of a professional person to qualify himself to become a professional employee.
(L) RECOGNIZED EMPLOYEE ORGANIZATION. An employee organization which has been certified pursuant to the provisions of § 34.36, as representing the employees in a particular representation unit.
(M) REPRESENTATION UNIT. A unit of city employees established pursuant to the provisions of § 34.37.
(N) SUPERVISORY EMPLOYEE. An individual:
(1) (a) Whose primary duty consists of the management of the city or of a customarily recognized department or subdivision thereof, or the customary and regular direction of the work of 2 or more other employees therein, or
(b) Who does not devote more than 20% of his hours of work to activities which are not directly or closely related to the performance of work described in division (N) (2) of this section, provided that the requirements of this division shall not apply in the case of an employee who is in sole charge of an independent activity or a physically separated establishment; or
(2) Who has some or all of the following responsibilities in the interest of the city: to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend action, if, in connection with the foregoing, exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (Ord. 2051, passed 11-22-77)