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As used in this chapter, the following terms shall have the meanings indicated:

“Authorized employee bargaining unit” shall mean a unit established pursuant to CVWDC 2.25.070.

“Board” shall mean the board of directors of the Coachella Valley Water District.

“Certify” shall mean the process by which the district formally acknowledges an employee organization as the exclusive recognized employee organization that represents district employees in an authorized bargaining unit.

“Consult” or “consult in good faith” shall mean to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions on matters outside the scope of representation, and does not involve the exchange of proposal and counter proposals in an endeavor to reach agreement.

“Days” shall mean calendar days unless otherwise stated.

“District” shall mean the Coachella Valley Water District, organized and operated pursuant to the provisions of the county water district law.

“Employee” shall mean any person regularly employed by the district except those persons elected by popular vote.

“Employee, confidential” shall mean an employee who has access to or possesses information relating to district management decisions, which affect employer-employee relations.

“Employee, management” shall mean:

1. Any employee having significant responsibilities for formulating and administering district policies and programs, including but not limited to the chief executive officer and department heads; and

2. Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, adjust their grievances, or to effectively to recommend such action if the exercise of such authority is not merely clerical in nature, but requires the use of independent judgment.

“Employee organization(s)” shall mean any organization which includes employees of the district and which has as one of its primary purposes representing such employees of the district in their employment relations with the district.

“Employee, professional” shall mean employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical, and biological scientists.

“Employment relations” shall mean the relationship between the district and its employees or their exclusive recognized employee organization, or, when used in a general sense, the relationship between district management and employees or their organization(s).

“Exclusive recognized employee organization” or “exclusive representative” shall mean an employee organization, or its duly authorized representative, that has been granted formal recognition by the district employee relations officer as representing the majority of employees in an authorized employee bargaining unit, or has been certified as the employee organization which received the majority of votes in a valid representation election for an authorized bargaining unit.

“General manager” shall mean the general manager-chief engineer of the Coachella Valley Water District.

“Impasse” shall mean a point in collective bargaining when the duly authorized representatives of the district and the exclusive recognized employee organization have considered each other’s proposals and counter proposals in good faith, attempted to narrow the gap of disagreement and have reached a point where their differences on matters intended to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remains so substantial and prolonged that further negotiations would be futile.

“Mediation” or “conciliation” shall mean the efforts of an impartial third person, or persons, functioning as intermediaries to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion, or advice. “Mediation” and “conciliation” are interchangeable terms.

“Meet and confer in good faith” (sometimes referred to herein as “meet and confer” or “meeting and conferring”) shall mean that the duly authorized representatives of the district and the exclusive recognized employee organization have the mutual obligation to meet and confer upon request by either party, at reasonable times and in good faith, in order to exchange information, opinions, and proposals regarding matters within the scope of representation in an effort to reach agreement on those matters within the authority of each party’s representatives. This does not require either party to agree to a proposal or to make a concession. The process should include adequate time for the resolution of impasses.

“Memorandum of understanding” shall mean a written document, prepared by the duly authorized representatives of the district and exclusive recognized employee organization, which sets forth those matters within the scope of representation upon which both parties have agreed.

“Ordinance” shall mean, unless the context indicates otherwise, the employer-employee relations ordinance of the Coachella Valley Water District.

“Scope of representation” shall mean all matters relating to employment conditions, including but not limited to wages, hours and other terms and conditions of employment. District rights (CVWDC 2.25.040) are excluded from the scope of representation. (Ord. 1270.1 § 2, 2017)

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