§ 3.32.020. Definitions.

For the purposes of this chapter, the following words and phrases have the meanings indicated:

A.

"Appropriate unit" means a group of employees recognized as appropriate for representation, using such criteria as similarity of job duties, skills, wages, educational requirements, supervision, hours of work, job location and working conditions, by an employee organization.

B.

"Employee organization" means any lawful organization which admits municipal employees to membership, the primary purpose of which is to represent employees concerning terms and conditions of employment, but the term shall not include any organization which discriminates because of religion, race, color, sex, age, family status, national origin, marital status, disability, veteran status, genetic information, sexual orientation, or gender identity, with regard to the acquisition or retention of membership, or in accepting or advancing members in any training, apprenticeship or employment program.

C.

"Employer" means the City.

D.

"Grievance" means:

1.

A dispute concerning the application or interpretation of the terms of a collective bargaining agreement or memorandum of understanding;

2.

A claimed violation, misinterpretation or misapplication of the rules or regulations of a municipal agency or the employer affecting the terms and conditions of employment.

E.

"Professional employee" means any employee engaged in work which is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work, which involves the consistent exercise of discretion and judgment in its performance, of a character that the output produced or the result accomplished cannot be standardized in relation to a given time period, and which requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes. These positions are categorized as Fair Labor Standards Act "FLSA" exempt.

F.

"Strike" means, by concerted action, the failure to report for duty, the willful absence from one's position, the stoppage or slowdown of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing, coercing or preventing a change in compensation or rights, privileges, obligations or other terms and conditions of employment.

G.

"Supervisory employee" means one who has the authority to exercise independent judgment in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, schedule or review the work of subordinate employees; or one who is performing duties as are distinct and dissimilar from those performed by the employees supervised; or one who is exercising judgment in adjusting minor grievances, applying other established personnel policies and procedures; or one who is establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement these standards.

(Prior code § 7-24(b))

(Ord. No. O-31-15 Amended, § I, 7-27-2015)