Arbitration means the process whereby a third party makes a final and binding decision as to which of the final offers submitted by the parties to an interest dispute is most reasonable under this Code.

Bargaining agent means a labor organization certified under this Code as the exclusive representative of an appropriate bargaining unit for purposes of negotiating with the city under collective bargaining procedures.

Bargaining unit means a unit certified under this Code as appropriate but does not include supervisory or confidential employees. Professional employees may not be included in a bargaining unit of other employees unless the professionals so choose by majority vote.

City includes the executive, legislative and administrative officers of the City of Eugene and their agents acting on behalf of the city directly or indirectly, including duly authorized supervisory employees.

City agent means the city manager, or any permanent supervisory employee designated by the city manager to act on behalf of the city in the collective bargaining process. In determining whether any person is acting as a city agent so as to make the city responsible for the agent’s acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.

City employee includes any person regularly and permanently employed by the City of Eugene twenty hours a week or more but does not include supervisory employees, confidential employees, elected officials, persons appointed to serve on boards or commissions, persons temporarily employed by the city in a casual, seasonal or other temporary manner or persons temporarily employed by the city as an employer of last resort.

Confidential employee means an employee who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies regarding collective bargaining.

Collective bargaining means the performance of the mutual obligation of the city and a bargaining agent representing city employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party. This obligation does not compel either party to agree to a proposal or require the making of a concession, nor does it revoke the city’s rights and obligations under section 2.878 of this Code.

Employee representative means any individual selected by the employees in a bargaining unit to act as their agent in collective bargaining. In determining whether any person is acting as an employee representative of a bargaining agent so as to make the bargaining agent responsible for the person’s acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.

Fair-share agreement means an agreement between the city and a certified bargaining agent whereby an employee who is not a member of the labor organization is required to make an in-lieu – of-dues payment to the labor organization. Such an agreement shall reflect the opinion of a majority of the employees in the bargaining unit choosing to vote.

Factfinding means the process in which an interest dispute is investigated by a duly appointed panel:

Hearings official means an impartial third party selected for a specified term of office to administer sections 2.878 to 2.896 of this Code as provided herein.

Interest dispute means a labor dispute arising between the city and a bargaining agent over the formulation of the terms of an initial labor agreement or over the renewal of the terms of an expiring or expired labor agreement.

Labor organization means any employee association or any organization in which city employees participate and which has for its purpose, in whole or in part, dealing with the city concerning wages, hours, and terms and conditions of employment.

Party includes but is not limited to individuals, persons, organizations, labor organizations, and the city. Any reference to the masculine gender shall be construed to include the feminine gender. Any reference to the singular tense may include the plural or references to the plural may include the singular.

Professional employee means:

Strike means a city employee’s refusal in concerted action with others to report for duty, or the employee’s willful absence from the position or stoppage of work, or the employee’s absence in whole or in part from the full, faithful or proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of city employment; however, nothing shall limit or impair the right of any city employee to lawfully express or communicate a complaint or opinion on any matter related to the conditions of employment. Picketing activity for the purpose of inducing, influencing or coercing a change in a lawful collective bargaining agreement is striking. The city is not obligated to provide employment during a strike.

Supervisory employee means any individual having authority in the interest of the city to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having responsibility to direct them, or to adjust their grievances or effectively to recommend such action, if in connection therewith, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. However, the exercise of any function of authority enumerated in this definition does not necessarily require the conclusion that the individual so exercising that function is a supervisor.