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Unions have developed a special vocabulary
to describe much of what we do. Definitions are given here for the most
commonly used terms:
A | B
| C | D | E | F
| G | H | I | J
| K | L | M | N | O
| P | Q | R | S
| T | U | V | W
| X | Y | Z
- Accretions:
-
Employees added to the bargaining unit once a union is
certified as a representative of the bargaining unit.
- ADA:
-
See Americans with Disabilities Act.
- Administrative Law Judge (ALJ):
-
A civil service appointee of the National Labor
Relations Board who conducts unfair labor practice hearings in the region
where such cases originate.
- Advisory Arbitration:
-
Form of arbitration often referred to as fact finding
where the decision of the arbitrator is not binding.
- Agency Shop:
-
A contract provision under which employees who do not
join the union are required to pay a collective bargaining service fee
instead. This service fee is usually the same as monthly dues. In some
states public workers choose to pay service fee based on a percentage of
the Union’s budget spent on representing the bargaining unit’s time
and money spent on organizing and political action, not considered to be
directly representing members.
- Alter Ego Employer:
-
An employer who changes the name and outward
appearance of a business but is in fact the same employer. An employer
cannot rid himself of his obligation to recognize the legitimate
bargaining representative through an alter ego.
- ALJ:
-
See Administrative Law Judge.
- Americans with Disabilities Act:
-
National law forbidding discrimination against
employees on the basis of disability and requiring reasonable
accommodations for qualified disabled employees. The ADA is enforced by
the Equal Opportunities Employment Commission (EEOC) and by private
lawsuit.
- Annuity:
-
A form of investment plan usually provided as a
retirement plan that provides for income for a specified period of time,
such as a number of years or for life.
- Arbitration:
-
A method of settling a labor-management dispute by
having an impartial third party decide the issue. The decision of the
third party (arbitrator) is usually binding.
- Area Standards Picketing:
-
A form of picketing with the purpose of encouraging an
employer to observe the standards in that industry in that locality. This
kind of picketing has formed legal restrictions than picketing to force an
employer to recognize a union or to impress employees noneconomic
benefits.
- Areawide Bargaining:
-
Collective bargaining agreement which covers all the
unionized employers and their employees in a specific geographical and
industrial setting.
- Association Agreements:
-
A collective bargaining agreement which governs a
group of employers who ban together for mutual aid when bargaining with
labor organizations. All employers belonging to the association are bound
by the agreement that was negotiated by the association and the union.
- Attrition:
-
Reduction in the labor force of a company through
natural causes such as voluntary quits, retirement, or death as opposed to
layoffs.
- Authorization Card:
-
A union card filled out by pro-union workers during a
representation campaign. The card usually specifies the union as a
collective bargaining agent of the employees and must be dated and signed.
The NLRB will accept 30% of the employees signatures on cards or petitions
as the "showing of interest" required to conduct an election.
Usually unions will not file for an election unless a majority of the
bargaining unit members have signed authorization cards.
- Award:
-
The final decision of an arbitrator which is binding
on both parties.
- Back Loaded:
-
Providing a greater wage increase near the end of a
contract.
- B.A.:
-
See Business Agent.
- Bargaining Agent:
-
Union designated by a government agency, such as the
National Labor Relations Board, or recognized voluntarily by the employer,
as the exclusive representative of all employees in the bargaining unit
for purposes of collective bargaining.
- Bargaining Rights:
-
The rights outlined in Section 7 of the National Labor
Relations Act. Rights of workers to negotiate the terms and conditions of
employment through chose representatives. The bargaining agent is
designated by a majority of the workers in a bargaining unit to represent
the group in collective bargaining.
- Bargaining Unit:
-
A group of workers who bargain collectively with the
employer. The unit may include all the workers in a single location or in
a number of locations, or it may include only the workers in a single
craft or department. Final unit is determined by the NLRB, or agreed to
jointly by the union and the employer.
- Base Rate:
-
The straight time rate of pay, excluding premiums and
incentive bonuses.
- Benefits Cafeteria Plan:
-
A benefit program that offers a choice between taxable
benefits, including cash, and non-taxable health and welfare benefits. The
employee decides how his or her benefits dollars are to be used within the
total limit of benefit costs agreed to by the employer.
- Blocking:
-
An NLRB decision not to proceed with an election in a
bargaining unit where there are unresolved unfair labor practice charges.
- Boycott:
-
A concerted refusal to work for, purchase from, or
handle the products of an employer. Where the action is directed against
the employer directly involved in the labor dispute, it is termed a
primary boycott. In a secondary boycott, the action is directed against a
neutral employer in an attempt to get him/her to stop doing business with
the company with which the union is having a dispute. Secondary boycotts
are illegal under the Taft Hartley Act.
- Business Agent (B.A., Union
Representative):
-
A full-time representative of a local union whose job
is to represent members in the local.
- Call-in Pay:
-
Compensation to workers who report for work and, for a
variety of reasons, the employer decides to send back home. Examples of
call in pay include: "show up pay" when a worker is called into
work by error for overtime work and is sent back home; or, wages paid when
the worker is required to report and there is insufficient work for a full
day.
- Canvass:
-
A method of talking individually to every member of a
bargaining unit to either convey information, gather information on a
survey, or plan for united action.
- Canvass Coordinator:
-
A term sometimes used for the person at the
"top" of a member-to-member action network. Other terms include
"network coordinator" or "campaign coordinator". This
person is responsible for establishing the one-on-one network and for
planning and scheduling activities of the network.
- Captive Audience Meeting:
-
A union term for meetings of workers called by
management and held on company time and property. Usually the purpose of
these meetings is to try to persuade workers to vote against union
representation.
- Card Check:
-
Procedure whereby signed authorization cards are
checked against a list of employees in a prospective bargaining unit to
determine if the union has majority status. The employer may recognize the
union on the basis of this card check without the necessity of a formal
election. Often conducted by an outside party, e.g., respected member of
the community.
- Cease and Desist Order:
-
An order to stop an action, to not repeat the action,
and to take action to undo the wrong. A cease and desist order issued by
the NLRB is a final order in an unfair labor practice case. It requires
the guilty party to stop any conduct found to be in violation of the law
and to take positive action to remedy the situation.
- Certification:
-
Official designation by a labor board of a labor
organization entitled to bargain an exclusive representative of employees
in a certain unit.
- Certification Bar:
-
The NLRB and many public sector agencies will prohibit
another election in a bargaining unit for one year after a union has been
certified following an election.
- Certified Union:
-
A union designated by federal or state labor relations
boards as the exclusive bargaining agent of a group of workers.
- Change of Operations:
-
A change of terminal cities, breaking points, routes,
or equipment which affects Teamster trucking industry employment
opportunities. The union's permission, through the grievance procedure, is
often required for such changes.
- Charge:
-
Written statement of alleged unfair practices. Filing
a charge with the NLRB State Labor Board is the first step in an unfair
labor practice proceeding.
- Charging Party:
-
The party filing a grievance or an unfair labor
practice charge.
- Check-Off:
-
A contract clause authorizing the company to deduct
union dues from paychecks of those members who so authorize deductions.
The company then transfers the money to the union.
- Closed Shop:
-
An agreement between an employer and a union that, as
a condition of employment, all employees must belong to the union before
being hired. The employer agrees to retain only those employees who belong
to a union. The closed shop was declared illegal by the Taft-Hartley Act.
- Collective Bargaining:
-
A process which workers, through their bargaining
committee, deal as a group to determine wages, hours and other conditions
of employment. Normally, the result of collective bargaining is a written
contract which covers all workers in the bargaining unit.
- Common Law:
-
The law of a country or state based on custom, usage,
and/or the decisions and opinions of a court.
- Common Situs Picketing:
-
A form of picketing in which employees of a struck
employer who work at a common site with employees of at least one neutral
employer may picket only at their entrance to the worksite. The employees
of neutral employers must enter the workplace through other gates.
Picketing is restricted to the entrance of the struck employer so as not
to encourage a secondary boycott on the part of the employees of a neutral
employer.
- Comparable Worth:
-
The evaluation of jobs traditionally performed by one
group of workers (such as women or minorities) to establish whether or not
the worth of those jobs to the employer is comparable to the worth of the
jobs traditionally performed by white men and the payment of extra wages
to those occupying comparable jobs but receiving less income.
- Company Union:
-
An employee organization, usually in one company, that
is dominated by management. The NLRA declared that such employer
domination is an unfair labor practice.
- Complaint:
-
Formal papers issued by the NLRB to start an unfair
labor practice hearing before an Administrative Law Judge. The complaint
states the basis for the Board's jurisdiction and the alleged unfair labor
practice.
- Concerted Activity:
-
The rights, protected by the National Labor Relations
Act, of two or more employees to act in concert to form, join, or assist
labor organizations in order to affect their wages, hours or work or
working conditions.
- Conciliation:
-
See Mediation.
- Consent Decree:
-
An order of a court or agency which is entered into by
agreement of all parties. In 1989 the General Executive Board of the IBT
signed a consent decree which provided for rank and file elections of
International Teamsters officers. This consent decree also established an
Independent Review Board with the power to investigate and penalize
officials judged to be corrupt.
- Consent Election:
-
An election for union representation agreed to by
management, employees, and the unions. The NLRB oversees the election.
- Constructive Discharge:
-
A form of discrimination that forces a worker to
"quit."
- Consumer Picketing:
-
Picketing of a retail establishment that is legal if
directed toward getting consumers not to buy a particular product of a
supplier or of a producer with whom a labor dispute exists. Such picketing
is illegal if it is aimed at getting customers to stop shopping at the
store or at other parties, such as store employees or delivery to prevent
personnel from crossing the picket line.
- Continuing Violation:
-
A violation of a law or contract which is continuing
in nature, and which therefore is not barred by any time limitation, even
though the violation began before the time limitation period began.
- Contract Bar Doctrine:
-
Once a contract is executed, the NLRB does not
(usually) permit a representation election in the unit covered by the
contract until the contract expires up to a 3 year limit. This rule
applies to a petition by another union to represent the employees, a
petition filed by the employees to decertify, or a petition filed by the
employer.
- Contracting Out:
-
See Subcontracting.
- Coordinated Bargaining:
-
Joint or cooperative efforts by several unions in
dealing with an employer that has employees represented by each of the
several unions.
- Corporate Campaign:
-
The use of strategic pressure on an employer's weak
areas to gain leverage during a contract campaign or organizing drive.
These campaigns involve analyzing an employer's social, financial, and
political networks and mobilizing union members and community members in a
comprehensive approach which does not rely on the strike alone as the
basis of the union's power.
- Craft Union:
-
A union whose membership is restricted to workers
possessing a particular skill. Most craft unions today, however, have
broadened their jurisdictions to include many occupations and skills not
closely related to the originally designated craft.
- Decertification:
-
Withdrawal by a government agency, such as the
National Labor Relations Board, of a union's official recognition as
exclusive bargaining representative. The NLRB will withdraw certification
if a majority of employees vote against union representative in a
decertification election.
- Deferral:
-
A policy of the NLRB not to process unfair labor
practice charges if the charge can be filed as a grievance and taken up
through a grievance and arbitration procedure. The NLRB reviews the
resulting grievance settlement or arbitration decision. If it is
"clearly repugnant" to the NLRA, the NLRB issues a complaint.
- DFR:
-
See Duty of Fair Representation.
- DOL:
-
U.S. Department of Labor.
- Double Breasted Operation:
-
A condition where an employer operates two closely
related companies—one with a union contract and one without. Under such
operation, the employer will normally assign most of the work to the
non-union segment of his two companies.
- Dual Unionism:
-
Union members' activities on behalf of, or membership
in, a rival union.
- Duty of Fair Representation (DFR):
-
A union's obligation to represent all people in the
bargaining unit as fairly and equally as possible. This requirement
applies both in the creation and interpretation of collective bargaining
agreements. A union is said to have violated its Duty of Fair
Representation when a union's conduct toward a member of a collective
bargaining unit is arbitrary, discriminatory, or in bad faith. A union
steward, for example, may not ignore a grievance which has merit, nor can
that grievance be processed in a perfunctory manner. It should be noted,
however, that the employee in the bargaining unit has no absolute right to
have a grievance taken to arbitration. The union is obligated to give fair
representation to all union members, and also to collective bargaining
unit members who have not joined the union in "right-to-work"
states or in public service units.
- Economic Recourse:
-
A strike, picket, or boycott by a union, or a lockout
by an employer.
- Economic Strike:
-
A work stoppage by employees seeking economic benefits
such as wages, hours, or other working conditions. This differs from a
strike which is called solely to protect unfair labor practices.
- EEOC:
-
See Equal Opportunities Employment
Commission.
- Employee Retirement Income Security
Act (ERISA):
-
This law requires that persons engaged in the
administration and management of private pensions act with the care,
skill, prudence, and diligence that a prudent person familiar with such
matters would use. The law also sets up an insurance program under the
Pension Benefit Guarantee Corporation (PBGC) which guarantees some pension
benefits even if a plan becomes bankrupt.
- Employee Stock Ownership Plans:
-
A form of compensation in which employees receive
shares of stock in the company for which they work.
- Equal Opportunities Employment
Commission (EEOC):
-
Federal Government agency which administers most
discrimination lawsuits.
- ERISA:
-
See Employee Retirement Income Security
Act.
- Escalator Clause:
-
Union contract provision for the raising and lowering
of wages according to changes in the cost of living index or a similar
standard; most commonly referred to as a Cost of Living Adjustment (COLA).
- Escape Clause:
-
A provision in maintenance of membership union
contracts giving union members an "escape period" during which
they may resign from union membership. Members who do not exercise this
option must remain members for the duration of the contract.
- ESOP:
-
See Employee Stock Ownership Plans.
- Excelsior List:
-
Established in the case of "Excelsior
Underwear", the list of names and addresses of employees eligible to
vote in a union election. It is normally provided by the employer to the
union within ten days after the election date has been set or agreed upon
at the NLRB.
- Exclusive Bargaining Rights:
-
The right of a union which has been certified by the
NLRB or other government agency to be the only union representing a
particular bargaining unit.
- Executive Order 10988:
-
Issued by President John F. Kennedy in 1962, the order
recognizes the rights of federal employees to bargain with management.
- Exempt Employee:
-
An employee who is not covered by the Fair Labor
Standards Act and is therefore not eligible for time-and-one-half monetary
payments for overtime. Exempt employees are generally paid a salary rather
than an hourly rate.
- Expedited Arbitration:
-
An effort to streamline the arbitration hearing by
reducing both time and cost. Transcripts and post hearing briefs are
usually eliminated. Often the arbitrator issues a decision upon the
completion of the hearing or shortly thereafter.
- Fact Finding:
-
Investigation of labor-management disputes by a board,
panel, or individual. A report is issued by the panel describing the issue
in dispute, and may make recommendations for a solution.
- Fair Labor Standards Act (FLSA):
-
The 1938 federal Wage-Hour Law which establishes
minimum wage, maximum weekly hours and overtime pay requirements in
industries engaged in interstate commerce. The law also prohibited the
labor of children under 16 years of age.
- Fair Share:
-
Under a union security clause of a union contract, the
amount a nonunion member must contribute to a union to support collective
bargaining activities. This arrangement is justified on the grounds that
the union is obliged to represent all employees faithfully.
- Family and Medical Leave Act (FMLA):
-
Federal law establishing a basic floor of 12 weeks of
unpaid family and medical leave in any 12-month period to deal with birth
or adoption of a child, to care for an immediate family member with a
"serious health condition", or to receive care when the employee
is unable to work because of his or her own "serious health
condition."
- Federal Mediation and Conciliation
Service (FMCS):
-
Independent agency created by the Taft-Hartley Act in
1947 to mediate labor disputes which substantially affect interstate
commerce.
- Federal Service Impasse Panel:
-
In federal employment, it provides assistance in
resolving negotiating impasses. The various techniques it employs are to
serve as a substitute for the right to strike.
- Field Examiner:
-
An employee of the NLRB whose primary duties are to
conduct certification elections and carry out preliminary investigations
of unfair labor practices.
- FLSA:
-
See Fair Labor Standards Act.
- FMCS:
-
See Federal Mediation and Conciliation
Service.
- FMLA:
-
See Family and Medical Leave Act.
- Free Riders:
-
Used in an open shop to refer to non-union members who
receive all the benefits derived from collective bargaining without paying
union dues or equivalent fees.
- Front Loading:
-
The concentration of wage and benefit increases in the
beginning of a contract.
- Garnishment:
-
Deductions made by an employer from an employee's
wages and rendered to a creditor of the employee.
- General Strike:
-
A strike by all or most organized workers in a
community or nation.
- Geographic Wage Differentials:
-
Differences in wage rates based upon locations of
plants or industries.
- Good Faith Bargaining:
-
Negotiations in which two parties meet and confer at
reasonable times with open minds and the intention of reaching agreement
over a new contract.
- Grandfather Clause:
-
A contract provision specifying that employees on the
payroll before a specified time will retain certain rights and benefits
even though newer employees are not entitled to these rights.
- Grievance:
-
Any type of worker dissatisfaction including
violations of the collective bargaining agreement, violations of law,
violations of employer policies, violations of fair treatment, and
violations of past practices. The definition of a grievance is usually
part of the contract, and therefore may vary from one contract to another.
- Grievance Procedure:
-
A procedure usually established by a collective
bargaining agreement to resolve disputes, problems or misunderstandings
associated with the interpretation or application of the collective
bargaining agreement. It consists of several steps with the last step of
the procedure, usually being arbitration.
- Group Grievance:
-
A grievance signed by many people in a workplace in
order to show management that members as one in their opposition to a
management's action.
- Hiring Hall:
-
The process of the union dispatching workers to
employers as needed. A hiring hall may be operated by a union alone or by
an employer and union jointly. Hiring halls are monitored by the
government to help prevent favoritism.
- Homework:
-
Work by workers who produce goods for an employer in
their home, from materials furnished directly or indirectly by the
employer.
- Hot Cargo Clauses:
-
Clauses in union contracts permitting employees to
refuse to handle or work on goods shipped from a struck plant or to
perform services benefiting an employer listed on a union unfair list.
Most hot cargo clauses were made illegal by the Taft-Hartley Act, but
there are some exceptions.
- Housevisits, Homecalls, and Housecalls:
-
Terms used to describe visits by union staff,
volunteers, or organizing committee to the homes of workers they are
attempting to organize. Such visits give organizers an opportunity to
discuss the union and answer questions of unorganized workers in a relaxed
and secure atmosphere.
- Illegal Strike:
-
A strike that is called in violation of the law, such
as a strike that ignores "cooling off" restrictions, or a strike
that disregards a "no strike" agreement signed by the Union or
imposed by a court of law.
- Impartial Umpire:
-
Term often applied to a permanent arbitrator, named
for the life of an union contract, and usually selected by mutual
agreement. The term indicates his function of presiding over the union
contract to enforce observance of it by both parties.
- Impasse:
-
In general usage, a term referring to a situation
where two parties cannot h agree on a solution to a dispute. In legal
usage, if impasse is reached, the employer is legally permitted to
unilaterally impose its latest offer.
- Independent Review Board (IRB):
-
The three-person board established as part of the 1989
consent decree signed by the International Brotherhood of Teamsters and
the US Department of Justice as a settlement of the U.S. Government's RICO
lawsuit. The IRB has the power to investigate and penalize officers it
considers to be corrupt. The IRB has the power to investigate and penalize
Teamster officials it considers to be corrupt.
- Industrial Union:
-
A union whose membership includes all workers in a
particular industry, regardless of the particular skills the worker
exercises.
- Informational Picketing:
-
Picketing done with the express intent not to cause a
work stoppage, but to publicize either the existence of a labor dispute or
information concerning the dispute. Picketing done with the express intent
not to cause a work stoppage but to publicize either the existence of a
labor dispute or information concerning the dispute.
- Injunction:
-
A court order which either imposes restraints upon
action, or directs that a specific action be taken and which is, in either
case, backed by the courts power to hold disobedient parties in contempt.
- Interest Arbitration:
-
Used no police.
- Intermittent Leave:
-
Leave taken in separate periods of time due to a
single illness or injury. This is permitted under the FMLA.
- Inside Strategy:
-
The use of mass grievances, working to rule, rolling
sick-outs, informational picketing, and other forms of resistance designed
to pressure an employer to meet the union's demands without the union
resorting to a strike.
- Intervenor:
-
A union which wants to be on the ballot when another
union has already petitioned for an election.
- IRB:
-
See Independent Review Board.
- Job Action:
-
A concerted activity by employees designed to put
pressure on the employer without resorting to a strike. Examples include:
wearing T-shirts, buttons, or hats with union slogans, holding parking lot
meetings, collective refusal of voluntary overtime, reporting to work in a
group, petition signing, jamming phone lines, etc.
-
- Joint Committee or Panel:
-
A committee of equal numbers of union and management
representatives established by a contract to hear grievances arising under
the contract. If a committee is deadlocked on a grievance, the matter may
be referred to a higher committee, to an arbitrator, or the employer and
the union may be permitted economic recourse, depending on the wording of
the contract.
- Jurisdiction:
-
The specific industry, craft and/or geographical area
which a local union is chartered to organize or represent.
- Jurisdictional Dispute:
-
A conflict involving a dispute between two unions over
which shall represent a group of employees in collective bargaining or as
to which union's members shall perform a certain type of work.
- Just Cause:
-
A reason an employer must give for any disciplinary
action it takes against an employee. An employer must show just cause only
if a contract requires it. Most contracts have just cause requirements
which place the burden of proof for just cause on the employer.
- LEC:
-
See Local Education Coordinator.
- L-M Reports:
-
The annual financial statement of income and expenses,
including the salaries of union officers and staff. Unions are required by
law to file with the Labor Management (LM) Division of the U.S. Department
of Labor.
- Landrum-Griffin Act of 1955:
-
Also known as the Labor-Management Reporting and
Disclosure Act (LMRDA), it provides safeguards for individual union
members, requires periodic reports by unions, and regulates union
trusteeships and elections.
- Litigate:
-
To carry on a legal contest by a judicial process. For
example, the employer will often go to the courts (litigate) to appeal a
decision by the NLRB.
- LMRA:
-
See Taft-Hartley Act.
- LMRDA:
-
See Landrum-Griffin Act.
- Local Education Coordinator (LEC):
-
In the Teamsters Union, a member designated by the
local union and trained by the International Union to plan and implement
educational programs for the members of the local.
- Lockout:
-
A suspension of work initiated by the employer as the
result of a labor dispute. A lockout is the employer counterpart of a
strike. Used primarily to pressure employees to accept the employer’s
terms in a new contract.
- Made Whole:
-
A catchall phrase used in grievance and other legal
action where a remedy is sought from an employer. Often used in discharge
and discipline cases where the union seeks to have a worker who had been
wrongly discharged or disciplined returned to work and reimbursed all
wages, benefits, or other conditions lost due to an employer's unjustified
action.
- Maintenance of Membership:
-
Form of union security used in contract language under
which the employee is not required to join a union but agrees to remain a
member of the union for the duration of the contract if he/she is already
a union member or does join the union during the life of the contract.
- Management Rights or Prerogatives:
-
The claimed rights of employers to control operational
aspects of the workplace.
- Mandatory Subject of Bargaining:
-
Those items included under wages, hours, and other
terms and conditions of employment over which an employer must bargain. An
employer may not make a change in a mandatory bargaining subject without
providing prior notice to the union and an opportunity to bargain.
- Mass Picketing:
-
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