As used in this article 3.3, unless the context
otherwise requires:
(1) Bargaining unit means 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 three-hundred-sixty-five-day period.
(2) Collective bargaining or collectively bargain means 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.
(3) Collective bargaining agreement means 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.
(4) Compensation means:
(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.
(5) Confidential employee means 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.
(6) (a) County means a county in this state.
(b) County does not include:
(I) A city and county;
(II) A county with a population of less than seven thousand five hundred
people pursuant to the official figures of the most recent United States decennial
census;
(III) The state or any political subdivision of the state where the state or
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;
(IV) A municipality;
(V) A school district, a district charter school authorized pursuant to part 1 of
article 30.5 of title 22, or an institute charter school authorized pursuant to part 5
of article 30.5 of title 22;
(VI) Any district, business improvement district, special district created
pursuant to title 32, authority, or other political subdivision of the state; or
(VII) A public hospital established by a county pursuant to part 3 of article 3
of title 25.
(7) County employee means 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.
(8) Deadly physical force means force, the intended, natural, and probable
consequence of which is to produce death, and which does, in fact, produce death.
(9) Department means the department of labor and employment.
(10) Director means the director of the division.
(11) Division means the division of labor standards and statistics in the
department.
(12) Employee organization means 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.
(13) Exclusive representative means the employee organization certified or
recognized as the representative of employees in a bargaining unit pursuant to the
terms of this article 3.3.
(14) Executive employee means an employee:
(a) Whose primary duty is 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; and
(c) Who has the authority to hire or 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.
(15) Fact finding means the process whereby the issues not resolved in
collective bargaining negotiations between the county and the exclusive
representative are presented to a fact finder for resolution pursuant to section 8-3.3-114.
(16) Final offer means 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.
(17) Interest-based bargaining means a method of collective bargaining
that involves mutual collaboration.
(18) Managerial employee means any county employee who has significant
responsibilities for formulating county policies and programs or administering an
agency or department of an agency.
(19) New employee orientation means 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.
(20) Physical force means the application of physical techniques or tactics,
chemical agents, or weapons to another person.
(21) Serious bodily injury means bodily injury that, either at the time of the
actual injury or at a later time, involves:
(a) A substantial risk of:
(I) Death;
(II) Serious permanent disfigurement; or
(III) Protracted loss or impairment of the function of any part or organ of the
body; or
(b) A break, fracture, or burn of the second or third degree.
(22) Showing of interest means written or electronic documentation that
provides evidence of county employee membership or support for an employee
organization for purposes of exclusive representation. Showing of interest
includes any electronic signature acceptable under the Uniform Electronic
Transactions Act, article 71.3 of title 24.
(23) Terms and conditions of employment means matters affecting the
employment and working conditions of county employees, including hours and
place of work.