The following terms have the meaning indicated when used in this Article:
(1) Agency shop means a provision in a collective bargaining agreement requiring, as a condition of continued employment, that bargaining unit employees pay a service fee not greater than the monthly membership dues uniformly and regularly required by the employee organization of all of its members. An agency shop agreement must not require an employee to pay initiation fees, assessments, fines, or any similar collections as a condition of continued employment. A collective bargaining agreement must not require payment of a service fee by any employee who opposes joining or financially supporting an employee organization on religious grounds. However, the collective bargaining agreement may require that employee to pay an amount equal to the service fee to a nonreligious, nonunion charity, or to any other charitable organization, agreed to by the employee and the certified representative, with provision for dispute resolution if there is not agreement, and to give to the employer and the certified representative written proof of this payment. The certified representative must adhere at all times to all federal constitutional requirements in its administration of any agency shop system maintained by it.
(2) Certified representative means an employee organization chosen to represent the unit as the exclusive bargaining agent under this Article or Article VII.
(3) Collective bargaining means meeting at reasonable times and places and negotiating in good faith on appropriate subjects as defined under this Article. This Article does not compel either party to agree to a proposal or make a concession.
(4) Employee means a fire and rescue employee in the classification of Fire/Rescue Captain, Fire/Rescue Lieutenant, Master Firefighter/Rescuer, Firefighter/Rescuer III, Firefighter/Rescuer II, and Firefighter/Rescuer I, but not:
(A) an employee in a probationary status;
(B) an employee in the classification of District Chief or an equivalent or higher classification; or
(C) a Fire/Rescue Lieutenant or Captain whose primary assignment is in:
(v) public information; or
(5) Employee organization means any organization that admits employees to membership and that has as a primary purpose the representation of employees in collective bargaining.
(6) Employer means the County Executive and the Executive's designee.
(7) Lockout means any action that the employer takes to interrupt or prevent the continuity of work properly and usually performed by the employees for the purpose and with the intent of either coercing the employees into relinquishing rights guaranteed by this Article or of bringing economic pressure on employees for the purpose of securing the agreement of their certified representative to certain collective bargaining terms.
(8) Mediation means an effort by an impasse neutral chosen under this Article to assist confidentially in resolving, through interpretation, suggestion, and advice, a dispute arising out of collective bargaining between the employer and the certified representative.
(9) Strike means a concerted failure to report for duty, absence, stoppage of work, or abstinence in whole or in part from the full and faithful performance of the duties of employment with the employer, or deviation from normal or proper work duties or activities, where any of these acts are done in a concerted manner for the purpose of inducing, influencing, or coercing the employer in the determination, implementation, interpretation, or administration of terms or conditions of employment or of the rights, privileges, or obligations of employment or of the status, recognition, or authority of the employee or an employee organization.
(10) Unit means all employees, as defined in this section, who are associated with fire suppression, fire protection, fire communications, fire service training, rescue, and emergency medical services, and whose duties include the rescue and safety of individuals and the preservation of structures and physical property. (1996 L.M.C., ch. 21, § 1; , § 1.)
Editor’s note—See County Attorney Opinion dated regarding a union’s authority to engage in collective bargaining on behalf of current employees, but not on behalf of future employees.
