Never have so few…done so much…for so many!!
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Never have so few…done so much…for so many!!
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LABOR TERMINOLOGYThese are some of the more common terms used in Organized Labor. This is an ever-evolving page. Feel free to send Labor Terms (and their definitions) to this site or if you have a better definition for terms already here to the Webmaster. This information was compiled from many sources. |
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Abeyance Temporary
inactivity: suspension Agency Shop A union security clause whereby all members of a bargaining unit must pay a service fee, the equivalent of dues, whether or not they are union members. Attrition: Reduction in the labor force of a company through natural causes such as voluntary quits, retirement, or death as opposed to layoffs 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 Bargaining Agent:
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 chosen representatives. The bargaining agent is designated by a majority of the workers in a bargaining unit to represent the group in collective bargaining Base Rate: The straight time rate of pay, excluding premiums and incentive bonuses Bargaining Unit A specified group of employees empowered to bargain collectively with their employer. 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. Binding
Arbitration
A method specified by the contract to settle grievance disputes in which an arbitrator is given the power to make a binding decision (also, contract negotiations) Blue Collar Workers: Those in private and public employment who engage in manual labor or the skilled trades. Boycott The term originated in 1880 when an Irish landowner, Captain Charles Boycott, was denied all services. Today the expression means collective pressure on employers by refusal to buy their goods or services. 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 National Labor Relations Board 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 Closed Shop The hiring and employment of union members only. Illegal under the Taft‑Hartley Act. Collective Bargaining Negotiation between organized workers and their employer or employers to determine wages, hours, rules, and working conditions.you Comparables (Internal & External) Comparing
the wages, hours and conditions of employment of other employees
performing similar services (internal i.e. police or external firefighters
in Bay City, Midland, etc.) Decertification: The withdrawal by a government agency, of a union's official recognition as an exclusive bargaining representative. The NLRB will withdraw certification if a majority of employees vote against a union representative in a decertification election. Defined
Benefit Pension (we currently have) A
plan that defines a specific method for determining the amount of a
guaranteed pension at the time of retirement paid monthly for the entire
duration of retirement. Defined
Contribution Plan Provides
a specific employer/employee contribution paid into an account usually
expressed as a percent of pay, but still a flat dollar amount not subject
to change for inflation. Dues Checkoff (Payroll Deduction) A clause in union contract authorizing the employer to deduct dues or service fees from employees' paychecks and remit them to the union. Collective
Bargaining Agreement The
contract between the employer and the union, fixing conditions of
employment for a specified period of time. Duty
of Fair Representation The
duty of a union to represent all employees in the bargaining unit without
hostility, discrimination or personal bias. Fair Labor Standards Act Passed in 1938, this law set minimum wages and overtime rates and prohibited child labor for industry connected with interstate commerce. Fringe Benefits Negotiated gains other than wages such as vacations, holidays, pensions, insurance and supplemental unemployment benefits. Front Loading: The concentration of wage and benefit increases in the beginning of a contract Garrity Rights Cover
the employee’s constitutional rights against self-incrimination should a
criminal charge arise out of the same conduct that is at issue in the
disciplinary hearing General Strike: A strike by all or most organized workers in a community or nation 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 placed on the payroll before a specified time will retain certain rights and benefits even though newer employees are not entitled to these rights. Grievance Complaint
- i.e. violation of the Collective Bargaining Agreement
Grievant An
employee who files a grievance or an employee for whom the union files a
grievance. Impasse A
point in bargaining where there is no prospect of change of position by
either party. 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. International Union A union with members in both the United States and Canada.
Just Cause: Last
Best Offers At
the
conclusion of proofs, the parties will present “last best offers” to
the panel on each arbitrated issue. Where the panel determines that an
issue is “economic,” the panel must choose one or the other “last
best offer”—there can be no compromise. Thus, parties must be careful
to draft last best offers on economic issues which are defensible in light
of the proofs presented. Where the panel determines that an issue is
non-economic, the panel has the discretion to grant an award different
from either party’s last best offer. The parties’ panel delegates can
be valuable in assisting the arbitrator to craft a compromise award on
non-economic issues. Management
Rights Clause A
provision found in most collective bargaining agreements delegating
certain rights to management, generally including the right to direct the
work force, assign work, and sometimes including the right to establish
disciplinary or work rules. Mandatory
Subject of Bargaining A
practice pertaining to wages, hours, terms, or conditions of employment
that, if the union request, must be bargained prior to being adopted or
changed. Mediation
1:
private, voluntary process in which an impartial person facilitates
communication between parties to promote settlement, 2: does not involve a
decision by the mediator. Mediator
1:
neutral (third person) selected by the parties to a dispute to assist in
the identification of issues, generation of options, and facilitation of a
mutually acceptable agreement. Michigan
Employee Relations Commission (MERC) Resolves
labor disputes involving public and private sector employees by appointing
mediators, arbitrators and fact finders, conducting union representation elections,
determining appropriate bargaining units, and adjudicating unfair labor
practice cases. Past
Practice A
customary way of doing things not written into the collective bargaining
agreement. Permissive
Subject of Bargaining A
subject about which the employer can legally refuse to bargain; for
example, the selection of management personnel. Also know as voluntary
bargaining subject. Paternalism The company considered itself the father of its employees and as such had the responsibility of regulating their lives through company houses, stores, hospitals, theaters, sports programs, churches, publications, and codes of behavior on and off the job. Paternalism was also prevalent in public employment. Teachers in 1915 were not permitted to marry, keep company with men, travel beyond the city limits, smoke, dress in bright colors, or wear skirts shorter than two inches above the ankles. Pension A pension is defined as a series of periodic monthly payments made to a person who retires from employment because of age, disability or the completion of an agreed upon span of service. The payments generally continue for the remainder of the natural life of the recipient. Public
Act 312 of 1969 An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof. Public
Employment Relations Act (PERA) An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act.
Pyrrhic victory A victory achieved at great cost. Right to Work Laws The term used by opponents of unions to institute open‑shop laws in the state. The expression has nothing to do with guaranteeing anyone the right to a job. Scab A worker who refuses to join the union or who works while others are striking. Also known as a "strikebreaker." Seniority A worker's length of service with an employer. In union contracts, seniority often determines layoffs from work and recalls back to work. Stool Pigeon A person hired by an employer to infiltrate the union and report on its activities. Strike A temporary work stoppage by workers to support their demands on an employer. Subcontracting The practice of employers getting work done by an outside contractor and not by workers in the bargaining unit. Also called "contracting out." Supplemental Unemployment Benefits A provision in the union contract which provides laid‑off workers with benefits in addition to unemployment compensation. Sympathy Strike A strike by persons not directly involved in a labor dispute in order to show solidarity with the original strikers and increase pressure on the employer. Unfair Labor Practices Defined by the National Labor Relations Act and by the Taft‑Hartley Act as practices of discrimination, coercion, and intimidation prohibited to labor and management. Management cannot form company unions or use coercive tactics to discourage union organization. Unions cannot force workers to join organizations not of their own choosing. Union Shop A shop where every member; of the bargaining unit must become a member of the union after a specified amount of time. Unilateral
Change A
change in a mandatory bargaining subject made by an employer without prior
notice and/or bargaining. Weingarten
Rights The right of an employee to request union assistance during an investigatory interview and the right of a union representative to counsel the employee during the interview. Workies A nickname for members of the workingmen's associations in the 1820s and '30s
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