§ 19.102 — Definitions

Section 19.102. - Definitions.

(a) "Public employer" or "employer" means the Duval County School Board and the City of Jacksonville, including any subdivision or independent agency thereof whose annual budget is adopted by the council of the City of Jacksonville. (b) "Public employee" or "employee" means any person employed by a public employer, including policemen and firemen as defined herein, except those persons appointed by the mayor or elected by the people, department heads, division chiefs, agency heads, members of boards and commissions, individuals acting as part of the negotiating team for the employer, attorneys for the City of Jacksonville, one immediate personal or individual assistant or aide and one confidential secretary of each of the foregoing, any other employees specifically listed under section 17.06 of the city charter for the City of Jacksonville, and supervisory employees as defined herein. (c) "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submissions of resignations, picketing, boycotting in line of performance of duty, sanctioning, refusing to cross a picket line, disruptively demonstrating, or the concerted abstinence in whole or in part by any group of employees from the full, faithful, and proper performance of the duties of employment with the public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in any manner in any course of conduct which adversely affects the services of the public employer. Nothing in this section shall be construed to prevent any such employee from going to the public on his or her own time in order to induce, influence, or condone a change in the terms and conditions of employment or the rights, privileges, or obligations of said employment. (d) "Policemen" means all permanently classified or full-time law enforcement personnel with power to arrest, employed by the consolidated City of Jacksonville up to and including the rank of sergeant. This definition shall apply to this act only and shall not be construed to alter, change, or amend the term policemen as otherwise used in the statutes of this state. (e) "Firemen" means all full-time permanently employed classified members of any fire department or firefighting unit of the consolidated City of Jacksonville employed to engage in the extinguishing, prevention, or suppression of fires, up to and including the rank of captain. This definition shall apply to this act only and shall not be construed to alter, change, or amend the term firemen as otherwise used in the statutes of this state. (f) "Employee organization" or "organization" means any labor organization, union, association, fraternal order, or group, however organized or constituted, which represents or seeks to represent any public employee or group of public employees concerning wages, rates of pay, hours, working conditions, and other terms and conditions of employment except as otherwise provided in this charter. (g) "Budget submission date" means the date by which, under law or practice, a public employer's budget, or a budget containing proposed expenditures applicable to such public employer, is required to be submitted to the city council, the legislative body, or other similar body of government for action. (h) "Professional employee" means: (1) Any employee engaged in work: (i) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work. (ii) Involving the consistent exercise of discretion and judgments in its performance; (iii) Of such a character that the output produced or the results accomplished cannot be standardized in relation to a given period or time; and (iv) Requiring advanced knowledge in a field or science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, and apprenticeship or training in the performance or routine mental or physical processes; or (2) Any employee who: (i) Had completed the course or specialized intellectual instruction and study described in subparagraph (1)(iv) herein; and (ii) Is performing related work under supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (1) herein. (i) "Collective bargaining" means the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times and places to confer and negotiate in good faith, and to reduce to writing and to execute any written agreement with respect to collective negotiations concerning the wages, rates of pay, hours, working conditions, and all other terms and conditions of employment. (j) The term "supervisory employee" or "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline other employees, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment, except such term shall not include any individual who on the effective date of this amendment to chapter 67-1320, Laws of Florida, being the charter of the City of Jacksonville, is holding any elective office of the union and this exception shall be applicable to such individual for so long as such individual is holding such office held on the effective date of this amendment to said charter.

(Ord. 71-344-113; Laws of Fla., Ch. 73-505; Laws of Fla., Ch. 74-507; Ord. 84-1307-754, § 23; Laws of Fla., Ch. 92-341, § 1)