Below is a list of commonly used terms as they relate to Collective Bargaining, and their definitions.
Terms & Definitions
A group of County Employees in a unit deemed appropriate for the purpose of collective bargaining in accordance with Section 8-3.3-110; except that a bargaining unit does not include:
(a) A Confidential Employee;
(b) A Managerial Employee;
(c) An Executive Employee; or
(d) Temporary, intermittent, or seasonal employees who work less than ninety days in a 365 day period.
The performance of the mutual obligation of a County and an Exclusive Representative to:
(a) Meet at reasonable times and places and negotiate in good faith with respect to wages, hours, and other terms and conditions of employment;
(b) Resolve questions arising under a Collective Bargaining Agreement through a negotiated grievance procedure culminating in final and binding arbitration, and
(c) Execute a written contract incorporating any agreements reached.
An agreement negotiated between an exclusive representative and a County, including an agreement reached through an impasse resolution process pursuant to section 8-3.3-114.
(a) Base wage or salary;
(b) Any form of direct monetary payments;
(c) Health, Accident, Life, and Disability Insurance;
(d) Pension programs;
(e) Paid time off;
(f) Uniform and equipment allowances; and
(g) Expense Reimbursement.
A person who is:
(a) Required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of the management positions; or
(b) Employed as an attorney by the County and whose duties are to provide direct legal counsel regarding the application, interpretation, or enforcement of this Article 3.3.
A County in this state.
The county does not include: a City and a County, a County with a population with less than 7,500 people pursuant to the official figures of the most recent United States Decennial Census, the State or any political subdivision of the State acquires or operates a mass transportation system, or any carrier by railroad, express company, or sleeping car company subject to the Federal “Railway Labor Act”, 45 U. S . C . SEC. 151 et seq, as amended, a Municipality, a school district, a district charter school authorized pursuant to Part 1 of Article 30.5 of Title 22, or an institute character school authorized pursuant to Part 5 of Article 30.5 of Title 22, any district, business improvement district, a special district created pursuant to Title 32, authority, or other political subdivision of the state, or a public hospital established by a County pursuant to Part 3 of Article 3 of Title 25.
A person employed by a County, including a person whose employment with the County has ceased due to an unfair labor practice or a discharge, if such discharge is subject to appeal under an applicable appeals process.
Force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death.
The Department of Labor and Employment
The Director of the Division
The Division of Labor Standards and Statistics in the Department
A nonprofit organization that engages with a County concerning wages, hours, and other terms and conditions of employment and that represents or seeks to represent County employees in a bargaining unit.
The employee organization is certified or recognized as the representative of employees in a bargaining unit pursuant to the term of this Article 3.3.
An employee:
(a) whose primary duty is the management of the entity in which the employee is employed or of a customarily recognized department or subdivision of the entity;
(b) who customarily and regularly directs the work of two or more other employees;
(c) who has the authority to hire for fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight.
The process whereby the issues not resolved in the collective bargaining negotiations between the County and the Exclusive Representative are presented to a fact finder for resolutions pursuant to section 8-3.3-114.
The written offer made:
(a) Latest in time by an Exclusive Representative to a County or by a County to an Exclusive Representative; and
(b) At least seven calendar days before the beginning of an impasse resolution hearing as described in Section 8-3.3-114.
A method of collective bargaining that involves mutual collaboration.
Any County employee who has significant responsibilities for formulating County policies and programs or administering an Agency or Department of an Agency.
The onboarding process of a newly hired County employee, whether in person, online, or through other means or mediums, in which County employees are advised of their employment status, rights, benefits, duties, and responsibilities or any other employment-related matters.
The application of physical techniques or tactics, chemical agents, or weapons to another person.
Bodily injury that, either at the time of the actual injury or at a later time, involves: A substantial risk of death, serious permanent disfigurement, protracted loss or impairment of the functions of any part or organ of the body, or a break, fracture, or burn of the second or third degree.
Written or electronic documentation that provides evidence of County employee membership or support for an employee organization for purposes of exclusive representation. Includes any electronic signature acceptable under the “Uniform Electronic Transaction Act”, Article 71.3 of Title 24.
Matters affecting the employment and working conditions of County employees, including hours and place of work.
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