Section EMP.01.02 — Definitions

(a) CORRECTIVE ACTION means any documented oral warnings, written warnings, probation or suspension generated by administration/management.

(b) BUSINESS AGENT means any person who acts or attempts to act for or on behalf of any labor organization in:

(1) the issuance of membership or authorization cards, work permits, or any other evidence of rights granted or claimed in, or by, a labor organization; or,

(2) soliciting or receiving from any employer any right or privilege for employees; or,

(3) soliciting or obtaining a security agreement.

(c) DISCRIMINATE means to refuse to hire, to terminate or to treat a person differently with respect to promotion, compensation or other terms or conditions of employment.

(d) EMPLOYEE for the purposes of this ordinance shall mean any individual and/or appointee hired or appointed by the Stockbridge-Munsee Community or any subordinate organization thereof.

(e) EMPLOYMENT MANUAL means the Employment Manuals for tribal government employees and for tribal enterprise employees, as adopted by the Stockbridge-Munsee Tribal Council, as well as any amendments or successor documents prepared for employees and adopted by the Tribe.

(f) ESTABLISHED POLICIES AND PROCEDURES means the policies, guidelines and procedures published in the Employment Manual and its inserts or in resolutions or ordinances adopted by the Tribal Council.

(g) EXEMPT EMPLOYEES means employees exempt from the overtime pay provisions of the Tribal Fair Labor Standards Ordinance. Exempt employees are compensated on a salary basis and do not earn overtime pay for hours worked over 40 hours per week.

(h) LABOR ORGANIZATION means any organization or employees organized for the purpose of dealing with an employer, concerning hours of employment, rate of pay, working conditions, benefits, or grievances of any kind relating to employment and desiring to operate on Tribal lands.

(i) NONEXEMPT EMPLOYEES means all employees who are not exempt employees.

(j) ORIENTATION PERIOD means a period of up to 120 days during which employees are subject to rigorous performance evaluations and are employed at the will of the Tribe. Failure to meet performance standards will result in termination of employment. Such termination may occur at any point during the orientation period. The Tribal Council may designate by motion or resolution an exception to the 120-day limit for those positions such as law enforcement officers or others, where the nature of the job requires a longer orientation period.

(k) PERSONNEL RECORDS means any record kept by the Tribe that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, medical condition or corrective action.

(l) POLITICAL APPOINTEES means those employees who are hired by the Tribal Council and serve at the pleasure of the Tribal Council. POLITICAL APPOINTEES are high level executive positions that are so vital to the execution of the Tribal Council's policies that the Council must be free to entrust the positions to individuals who enjoy the Council's complete confidence. Political appointments are not subject to the employment posting policy.

(m) PROBATIONARY EMPLOYEES means employees who have not successfully completed the Orientation Period.

(n) REASONABLE ACCOMMODATION means reasonable modifications or adjustments to the work environment or to the manner or circumstances under which a position is customarily performed, that enable a qualified person with a disability to perform the essential functions of the position if such accommodation does not cause the Tribe, or the employing agency of the Tribe, undue hardship. "Reasonable accommodation" does not require measures that would result in an expenditure of tribal funds.

(o) RESTRICTED DUTY means restrictions on an employee's hours or work duties that temporarily prevent the employee from performing all essential job duties but which do not prevent the employee from performing some essential job duties, provided such restrictions are recommended by a physician, subject to review by a physician selected by the Tribe.

(p) SEXUAL HARASSMENT means unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. SEXUAL HARASSMENT includes conduct directed by a person at another person of the same or opposite sex. "Unwelcome verbal or physical conduct of a sexual nature" includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee's work performance or to create an intimidating, hostile or offensive work environment.