§ 2-03-450. Personnel Systems—Labor Relations (Collective Bargaining)—Definitions.

As used in this subdivision:

Board means the city labor-management relations board comprised of members chosen by the city manager and the employee organizations.

City employee means any classified regular full-time, non probationary employee of the city except officials elected by popular vote or appointed to fill vacancies in elective offices; members of boards, commissions and heads of agencies appointed by the city commission; heads of agencies appointed by boards and commissions; supervisors; temporary or seasonal employees; employees paid wholly and directly from funds of the United States government and individuals privy to confidential matters of the city government affecting the employer-employee relationship.

City government means the government of the City of Alamogordo acting through and for its agencies, departments, divisions, branches and bureaus.

Collective bargaining means a procedure whereby representatives of city government, other than elected officials, and an employee organization meet, confer, consult and negotiate with one another in a good-faith effort to reach agreement or otherwise resolve differences relating or with respect to wages, hours and other terms and conditions of employment.

Employee organization means any organization or labor union whose primary purpose is to represent city employees in collective bargaining on matters pertaining to wages, working conditions and terms and conditions of employment; but it does not include any organization which:

(1)

Advocates the overthrow of the constitutional form of government in the United States by other than lawful means; or

(2)

Discriminates with regard to the terms or conditions of membership because of race, color, sex, creed, age or national origin; or

(3)

Has a primary purpose other than representing employees in collective bargaining with their employer or other than as an association or organization formed for the advancement of or in behalf of a specific profession or vocation.

Impasse means the failure of the parties to agree with respect to any issue or issues which are subject to collective bargaining over which the parties have negotiated in good faith and with respect to which neither party is willing to make further concessions.

Professional employee means any city employee engaged in work which:

(1)

Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

(2)

Involves the consistent exercise of discretion and judgment in its performance;

(3)

Is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given time period; or

(4)

Requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of a specialized intellectual instruction and study in an institution of higher learning or hospital as distinguished from an apprenticeship or from training in the performance of routine mental, manual, mechanical or physical processes.

Strike means the willful failure or refusal by employees to report for duty; willful absence from an employee's assigned position; the complete or partial cessation of work by an employee; or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by city employees where a purpose of such action is to induce, influence or coerce a change in or the enforcement of any term or condition of employment or compensation or any right, privilege or obligation of employment or any term or provision of a collective bargaining agreement or proposal advanced in the course of collective bargaining.

Supervisor means any individual having authority in the interest of the city employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them or responsibility for evaluating employees, work performance or to adjust their grievances or effectively to recommend any of the actions listed above if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. In the department of public safety, lieutenants, captains and higher ranks are classified as supervisors.

(Ord. No. 789, § 3(2) 6-12-90)