§ 3.70.010. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative agreement means a written document executed by the mayor's designee and an employee organization, which changes, modifies/alters, amends, clarifies or interprets an explicit term or any written provision of a labor agreement, which has any financial consequences and which must be approved by the employee organization and by the assembly in the manner provided in AMC Section 3.70.130.

Administrative letter means a written document, including, but not limited to, a memorandum or letter of understanding, a side letter or agreement, or a letter of agreement addressing the management of the labor force under the existing terms of the current labor agreement. Administrative letters may not be used to vary the explicit terms of a labor agreement and may not result in any financial consequences for the Municipality. An administrative letter shall executed by a duly authorized representatives of an employee organization and shall be approved by the assembly in the manner provided in AMC Section 3.70.130 in order to become effective.

Bargaining representative means the organization, association or labor union recognized through certification by the board as the proper party to represent the bargaining unit in collective bargaining and processing of grievances with the municipality.

Bargaining unit means the collective group of employees to be represented in collective bargaining and processing of grievances by one bargaining representative.

Board means the employee relations board of the municipality.

Classification plan means a system of job titles and job descriptions corresponding to designated pay ranges and includes an orderly arrangement into classes of employees and a list of class titles, class codes and ranges assigned to each class.

Collective bargaining means the performance of the mutual obligations of the municipality and the employee organization to meet at reasonable times and negotiate in good faith with respect to wages, hours and other terms and conditions of employment and the execution of a written contract incorporating an agreement reached. These obligations do not compel either party to agree to a proposal or require the making of a concession.

Confidential employee means an employee who, in the normal course of his duties, has access to or assists in the preparation or utilization of information used in collective bargaining negotiations, arbitrations, grievances, employee relations board proceedings or labor-related litigation and board hearings.

Dues checkoff means the obligation of the government, after obtaining the employee's written authorization, to deduct a specified amount from the employee's wages for the payment of employee organization membership dues or other fees, and to transmit these deducted sums to the employee organization. Unless otherwise specified within the collective bargaining agreement, such authorization shall remain in full force and effect until an employee revokes the authorization in writing in accordance with the terms of the authorization and to the extent permitted by law.

Election means a proceeding conducted and supervised by the employee relations board in which employees in a collective bargaining unit cast secret written ballots for the purpose of determining a collective bargaining representative or for any other purpose specified in this chapter.

Electrical generation and transmission means those employee services, as determined by the board, which are essential to the uninterrupted generation and transmission of electrical power to the community.

Emergency medical services means all employees in the section of emergency medical services.

Employee means any person holding a position in the administrative service of the municipality. Such term does not include members of citizen commissions or advisory groups appointed under authority of article V of the Charter. The term "employee" shall not include supervisory employees.

Employee organization means an organization of employees of any kind, having as its purpose the improvement of terms and conditions of employment of public employees through collective bargaining, grievance and arbitration, or any other procedure where permitted under this chapter.

Employer means the municipality. Such term does not include the numerous citizen advisory boards and commissions which exist under the authority of article V of the Charter.

Factfinding means investigation of a dispute by a duly appointed individual, panel or board, with the factfinder submitting a report to the parties or the public describing the issues, and reporting the facts relating thereto.

Fire protection means all employees within the division of fire services.

Labor agreement means a collective bargaining agreement that is the result of an exchange of mutual promises between the mayor of the municipality and an employee organization, and which becomes a binding contract for the period of time set forth therein. A labor agreement must be approved by the employee organization and by the assembly.

Mediation means effort by an impartial third party to assist in reaching an agreement or reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the employer and the exclusive bargaining representative through interpretation, suggestion and advice. Mediation may include recommending to the assembly concerning the terms of a collective bargaining agreement.

Personal staff means the aides, secretaries and clerks working directly for an official or supervisory employee.

Police means all employees within the police department.

Port operation means those employee services, as determined by the board, which are essential to the continued transshipment of commodities through the Port of Alaska.

Sewer treatment means those employee services, as determined by the board, which are essential to continued operation of the sewer treatment system of the municipality.

Staff means all employees within the department, division, section or office affected.

Supervisory employee means an individual having responsibility on behalf of the municipality regularly to participate in the performance of some or all of the following functions with respect to other employees: to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, direct or adjust grievances, or effectively to recommend such action, if, in connection with the such functions, the exercise of such responsibility is not of a merely routine or clerical nature but requires the exercise of independent judgment.

Water treatment means those employee services, as determined by the board, which are essential to continued operation of the water treatment system of the municipality.

(AO No. 69-75; AO No. 88-76; AO No. 77-376; AO No. 84-221(S); AO No. 88-131(S); AO No. 89-46(S-1); AO No. 2008-135(S), § 1, 9-29-09; AO No. 2017-122(S) , § 5, 10-24-17; AO No. 2018-64(S-1) , § 1, 8-28-18)

Cross reference

Definitions and rules of construction generally, § 1.05.020.