LABOR LAW GLOSSARY

Administrative Law Judge (ALJ): Appointees of the National Labor Relations Board
who preside over unfair labor practice hearings. ALJs listen to testimony, receive
exhibits, and render written decisions which can be appealed to the NLRB.
AC Petition: AC Petition is short for Amendment of Certification Petition. An AC
Petition is filed by either a union or an employer seeking to amend or revoke the
certification of bargaining representative.
Accretion: When new employees are added to an existing bargaining unit because of
the acquisition of a new facility or creation of a new job description. The community of
interest test is used to determine whether the new employees belong in the bargaining
unit.
Advisory Arbitration: Investigation of labor-management disputes where a report is
issued describing the dispute and recommendations for a solution. Also referred to as
Non-Binding Arbitration and Fact Finding.
Agency Employee: An agency employee is one who pays the union an agency fee in
lieu of regular union dues.
Agency Fee: A fee paid to the union by members of the bargaining unit who have not
joined the union. This fee is considered compensation to the union because the union
must represent all employees regardless whether they are members or not. Also
referred to as Fair Share Fees.
Agency Shop: A union security clause that requires a bargaining unit employee to pay
a service fee equal to union dues even though the employee chooses not to join the
union.
Alter Ego: Latin phrase meaning another self. An alter ego company may result when
the same owner and manager of one company shuts down operations and reopens
doing the same thing but with a new name. Alter ego companies are generally formed
to avoid union obligations, but rarely succeed at their mission. Alter ego, joint employer,
and successor employer are frequently confused as being the same thing although
they are legally distinct from each other.
Anti-Union Animus: The term used when an employer has anti-union sentiments that
may affect various management actions.
Arbitration: Referral of a labor management dispute to a third party or agency for
resolution. This is a formal hearing where the arbitrator listens to testimony, receives
exhibits, and renders a written decision. Labor arbitration is generally binding on the
parties.
Arbitration Award: The name for the decision rendered by an arbitrator.
Area Standards Picketing: A form of picketing intended to encourage the employer
to use the standards in that industry in that location.
Association Agreements: Collective bargaining agreement that covers a group of
employers. All employers belonging to the association are bound by the agreement.
Association Agreements are more common in the construction industry than other
industries.
Attrition: Reduction in labor force of a company through natural causes such as
voluntary quit, retirement, or death, instead of firing or laying off employees. Attrition
levels could play significant role in union majority status and pension withdrawal
liability.
Authorization Card: A small card signed by employees authorizing the union to act
on behalf of that employee even though that employee is not a member of the union.
Authorization cards are contracts that cannot be undone. When enough authorizat ion
cards are signed (no matter what the employee was told to get his/her signature on the
card), the union can demand an election to determine whether a majority of employees
desire union representation.
Automation: The replacement of manual work with mechanical devices or new
machines.
Back Loaded: When a collective bargaining agreement provides a greater wage
increase near the end of the term of the contract.
Bargaining Agent: The labor organization that is the exclusive representative of all
employees in a bargaining unit.
Bargaining Rights: The rights outlined in Section 7 of the National Labor Relations
Act.
Bargaining Unit: A group of employees in a given workplace who have a sufficient
similarity of interest to constitute a unit for the purpose of bargaining collectively with
their employer. A bargaining unit is usually defined by the National Labor Relations
Board.
Base Rate: The straight time rate of pay, excluding premiums and incentive bonuses.
Benefits Cafeteria Plan: 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 Charge: When one party to a representation election (typically the union)
files an unfair labor practice (ULP) charge with the National Labor Relations Board in
an effort to get the election postponed until the ULP is resolved.
Boycott: A union’s concerted refusal to work for, purchase from, or handle the
products of an employer. Primary boycotts are against the employer directly involved
in the labor dispute. Secondary boycotts are targeted at neutral employers in an
attempt to get the neutral employers to stop doing business with the company that the
union is having a dispute. Secondary boycotts are illegal.
Broadbanding: When a salary schedule or pay grade consisting of only a few “bands”
replaces a system with numerous grades and level. The new bands carry wider pay
range spreads than the outdate system.
Bumping: A right arising from the collective bargaining agreement where employee
who would otherwise be scheduled for layoffs are permitted to displace less senior
employees in other job classifications for which they are qualified.
Business Agent: The modern term for union organizer. A person working for the union
whose job it is to organize workplaces and recruit more dues paying members.
Additional job duties sometimes include handling grievances and negotiating and
enforcing collective bargaining agreements.
Call-In Pay: Compensation to workers who report to work but are later sent home.
Examples of call-in pay in collective bargaining agreements include “show up pay”
when employees are erroneously called to return to work for overtime and then sent
home; when an employer reports to work but is sent home due to insufficient work to
be done.
Canvass: Method of talking to each union member to convey information, gather
information, or plan for concerted activity like a strike. See, Member to Member
Network
Captive Audience Meeting: A union term for meetings called by management and
held on company time. The purpose of these meetings is typically to convey facts about
union organizing to employees. Employees are paid for their attendance at these
meetings.
Card Check: A method of organizing a union without holding a secret ballot election.
Signed authorization cards are checked against a list of employees in a prospective
bargaining unit to determine if the union has a majority of employees’ signature on
cards.
Certification: Official recognition by the NLRB that an employee organization is the
exclusive representative for all employees in an appropriate bargaining unit for the
purpose of collective bargaining.
Certification Bar: Once a union has been certified as the exclusive bargaining
representative of the bargaining unit as the result of a secret ballot election, there can
be no additional elections for one year.
Charging Party: The party filing the unfair labor practice charge or grievance.
Closed Shop: Place of employment where employees must become members of the
union before being hired. Closed shops are different from union shops. Closed shops
are illegal. Union shops are not illegal.
Collective Bargaining: Negotiation procedure where union members, through their
elected bargaining committee, deal as a group to determine wages, hours, and other
terms and conditions of employment. The bargaining committee, represented by the
union and oftentimes its attorneys, meets with management representatives and
oftentimes management’s attorneys, to negotiate a collective bargaining agreement.
Collective Bargaining Agreement: A formal written agreement over wages, hours,
terms, and conditions of employment entered into by an employer and the union
representing the employees in the bargaining unit. Also called a Contract.
Common Situs Picketing: When 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. This is called a dual gate system. 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.
Complaint: Formal paper issued by the NLRB to start an unfair labor practice hearing
before an Administrative Law Judge. The Complaint states the basis of the Board’s
jurisdiction and a brief summary of the facts of 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 working conditions.
Confidential Employee: An employee whose job requires access to confidential
information that contributes to the development of labor management relations.
Confidential employee are not in the bargaining unit and do not have the right to
bargain collectively.
Consent Agreement: NLRB Form 651 that serves as an agreement between the
employer and the union that both sides will be bound the decision of the NLRB
Regional Director in a representational vote. By consenting, the parties waive their right
to an appeal. Consent agreements are the same as stipulation certificates.
Consent Election: A secret ballot election for union representation agreed to by
management, employees, and the union. Consent elections are overseen by the
NLRB.
Consumer Picketing: Picketing a retail establishment is legal so long as it is directed
toward getting consumers to not buy a particular product with whom the labor dispute
exists. Consumer picketing is illegal if it is aimed at getting customers to stop shopping
at the store or aimed at other parties like employees or delivery companies. Illegal
consumer picketing is a secondary boycott.
Contract: A formal written agreement over wages, hours, terms, and conditions of
employment entered into by an employer and the union representing the employees in
the bargaining unit. Also called a Collective Bargaining Agreement.
Contract Bar Doctrine: Once a contract is executed, the National Labor Relations
Board generally does not permit a representation election in the unit covered by the
contract until the contract expires or for 3 years, whichever is sooner. 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.
Coordinated Bargaining: When two or more unions cooperate to bring about
changes in contract language that affects all unions involved.
Corporate Campaign: Deployment of strategic pressure against an employer during
a union organizing drive or negotiations. This pressure is multifaceted and involved
attacking the employer’s social, financial, and political networks and mobilizing union
members in a comprehensive approach. Corporate campaigns do not rely on only one
level of attach, i.e. strike, as the basis of the union’s power.
Cost of Living Adjustment (COLA): Language in a collective bargaining agreement
providing for wage increases or decrease as the cost of living goes up or down. COLAs
are measured by the cost-of-living index. Also referred to as Escalator Clause
Cost of Living Index: The commonly used name for the Consumer’s Price Index that
is prepared by the U.S. Bureau of Labor Statistics. This index shows month-to-month
and year-to-year changes in price for a number of consumer goods and is a rough
measure of cost-of-living changes. Unions typically promise and try to bargain for cost-
of-living increases that are superior to the cost-of-living index.
Craft Union: Organization of workers who perform skilled or semi-skilled labor.
Examples of craft unions are electricians and carpenters.
Decertification: When the National Labor Relations Board officially recognizes the
employees’ withdrawal of having the union as their exclusive bargaining
representative. A majority of employees must vote to decertify their union in a secret
ballot election. Decertification is different from withdrawing recognition, which is
another way employees can oust their union.
Deferral: 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.
Department of Labor: The federal government agency that oversees labor
management relations, including union financial reports, elections, and union officers.
Double Breasted Operation: When an employer operates two closely related
companies – one union and one non-union. Double breasted employers generally
assign most of its work to the non-union operation.
Dual Gate System: The name for the two entrance gates established at common situs
picketing locations.
Dual Unionism: A union member’s activity on behalf of, or membership in, a rival
union.
Dues Check Off: When an employer deducts union dues from members’ paychecks
and remits the dues money to the union. Unions enjoy dues check off because the
union does not need to collect dues from members individually after the members have
deposited their paychecks.
Duty of Fair Representation: A union’s obligation to represent all people in the
bargaining unit as fairly and equally as possible. A violation of this duty occurs when
the union acts arbitrary, discriminatory, or in bad faith.
Economic Recourse: A strike, picket, or boycott by a union. A lockout by an employer.
Economic Strike: A work stoppage by employees seeking economic benefits such as
wagers, hours, or other working conditions. Economic strikes are different from unfair
labor practice strikes. Economic striker can be permanently replaced.
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.
ERISA: See, Employee Retirement Income Security Act.
Escalator Clause: Language in a collective bargaining agreement providing for wage
increases or decrease as the cost of living goes up or down. Escalator clauses are
measured by the cost-of-living index. Also referred to as Cost of Living Adjustment
(COLA)
Escape Clause: A clause in union contracts that gives union members a period of time
to resign (“escape”) 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: A list of names and addresses of employees eligible to vote in a union
election that is normally provided by the employer to the union after and election date
has been set or agreed upon at the NLRB.
Exclusive Bargaining Rights: The right of a certain union that has been certified by
the NLRB or other government agency to be the only official union representing a
particular bargaining unit.
Exempt Employee: An employee who is not covered by the Fair Labor Standards Act
and is therefore not eligible for time-and-one-half wage 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 where a report is issued
describing the dispute and recommendations for a solution. Also referred to as Non-
Binding Arbitration and as Advisory Arbitration.
Fair Share Fee: A fee paid to the union by members of the bargaining unit who have
not joined the union. This fee is considered compensation to the union because the
union must represent all employees regardless whether they are members or not. Also
referred to as Agency Fees.
Featherbedding: Insistence by unions on employment of unnecessary workers, i.e.
demanding payment for work no longer performed by workers because of machines or
robots. Featherbedding dramatically increases labor costs and decreases productivity.
Federal Mediation and Conciliation Service (FMCS): Independent government
agency that mediates labor disputes that substantially affect interstate commerce.
Field Examiner: An employee of the NLRB whose primary duties are to conduct
certification elections and carry out preliminary investigations of unfair labor practices.
FMCS: See, Federal Mediation and Conciliation Service.
Fringe Benefits: Welfare advantages to workers to supplement wages. Examples of
fringe benefits include health insurance, paid vacation time, bonuses, allowances for
travel, and recreational facilities.
Free Rider: A union-used derogatory term to describe an employee who works in an
open shop and chooses to not join the union but is still covered by the collective
bargaining agreement.
Front Loading: Concentrating wage and benefit increases in the beginning years of a
multi-year collective bargaining agreement.
General Strike: A strike by all or most organized workers in a community or nation;
rarely conducted.
Geographic Wage Differentials: Difference in wage rates for employees performing
the same or similar jobs because of the differing geographic locations of the employer’s
workplaces.
Good Faith Bargaining: The only legal way to bargain for a collective bargaining
agreement; applies to both the union and the employer. Good faith bargaining requires
both sides to “meet and confer in good faith with respect to wages, hours, and other
terms and conditions of employment.” See, National Labor Relations Act, Section 8(d).
Grandfather Clause: A clause in a collective bargaining agreement specifying that
employees who were employed before a certain date retain certain rights while
employees hired after that date do not have such rights.
Grievance: Formal complaint (generally lodged by a union member employee)
alleging a violation of the collective bargaining agreement. Once lodged, the grievance
procedure, which has been negotiated and is in the contract, is followed. What
constitutes a grievance and how grievances are processed vary between collective
bargaining agreements.
Grievance Arbitration: When grievances are appealed to an impartial arbitrator for
final, binding arbitration. The arbitrator interprets the collective bargaining agreement
and applies his/her interpretation to the facts. Arbitration is usually the last step of the
grievance procedure.
Grievance Procedure: Steps negotiated and included in the collective bargaining
agreement for dealing with grievances. Generally, the steps include meeting with the
parties, written statements, and arbitration.
Group Grievance: A grievance signed by many union member employees working for
the same employer; used to show solidarity among the employees against the
employer.
Handbilling: When employees pass out literature protesting working conditions,
independent contractors, or an employer’s bargaining position. Handbilling generally
occurs at the entrance to an employer’s parking lot so vehicles that enter must stop
and receive the literature. Handbilling is a form of informational picketing.
Hiring Hall: The process by which unions dispatch workers to employers on an as
needed basis. A hiring hall may be operated solely by the union or jointly by the union
and the employer. Hiring halls are now monitored by the federal government to prevent
favoritism among who is sent to work and who remains on the bench.
Homecalls: Terms used to describe visits by union staff, volunteers, or employee
organizing committees to the homes of non-union workers they are trying to organize.
These visits give organizers the opportunity to, depending on which side you sit, to
discuss unionization and answer questions or pressure workers to join the union. Also
referred to as Housevisits.
Hot Cargo Agreements: An agreement where an employer agrees to stop doing
business with a non-union company, and if the employer purchases goods from or
goods are delivered by a non-union company the union can refuse to handle those
goods. Most forms of hot cargo agreements were outlawed in 1959. See, NLRA
Section 8(e) for more.
Housevisits: Terms used to describe visits by union staff, volunteers, or employee
organizing committees to the homes of non-union workers they are trying to organize.
These visits give organizers the opportunity to, depending on which side you sit, to
discuss unionization and answer questions or pressure workers to join the union. Also
referred to as Homecalls and Housecalls.
Illegal Strike:: A strike that is called but is in violation of the law. For example, a strike
that ignores “cooling off” restrictions or disregards a “no strike” clause is an illegal
strike.
Impartial Umpire: Term used to describe a permanent arbitrator who is named for the
duration of the union contract and whose job is to ensure impartial application of the
collective bargaining agreement by both the union and the employer. Impartial umpires
are usually selected by mutual agreement.
Impasse: When neither the employer nor union is willing to make any further
modifications to their collective bargaining agreement proposals. At impasse, the
employer is permitted to implement most terms and conditions of its last and final offer.
Injunction: Court order forbidding unions to engage in certain activities defined. When
employees strike, employers typically seek injunctions limiting the number of strikers,
as well as the location and hours of the strike activity.
Impasse: When, after both parties have bargained in good faith, the negotiations are
deadlocked on one or more of the provisions of the collective bargaining agreement.
Employers may implement their last, best, and final offer when negotiations are at
impasse.
Industrial Union: A union whose membership includes all workers in a particular
industry regardless of the particular skills of each worker.
Informational Picketing: Picketing that is intended to publicize the existence of a labor
dispute or information about a dispute and not intended to cause a work stoppage.
Handbilling is a form an informational dispute.
Initiation Fee: Fee required by most unions that all new members must pay before
becoming members of the union.
Injunction: A court order that orders certain action must cease or be restrained.
Typically injunctions are used to control overbearing labor strikes by establishing
where, when, and how many picketers can strike at any given time. Since injunctions
are enforced by courts, disobeying an injunction can result in being held in contempt
of court.
Interest Arbitration: When the arbitrator has the power and ability to rewrite parts of
a collective bargaining agreement instead of just the power to interpret the agreement.
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. Also
referred to as a Job Action. Also referred to as a corporate campaign, although
corporate campaigns can be accompanied by strikes.
Intervenor Union: A union that desires to be on the ballot when another union has
petitioned for an election. The intervening union and the other union both appeal to the
NLRB for instruction as to which union is properly positioned for the election.
Job Action: 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. Also
referred to as Inside Strategy.
Joint Bargaining: When two or more unions use one negotiating team to effect
simultaneous contract settlement or identical contract language.
Joint Committee: A committee of equal numbers of union and management
representatives that hear grievances. If a committee is deadlocked on a grievance, the
matter may be referred to a higher committee, to an arbitrator, or somewhere else
depending on the terms of the collective bargaining agreement.
Joint Employer: A term used when one employer possesses sufficient control over
the work of the employees of another employer to qualify as a joint employer with the
actual employer. The Joint Employer concept recognizes that the business entities
involved are in fact separate but they share or co-determine those matters governing
the essential terms and conditions of employment. Joint employers are different from
single integrated employers and employers that are alter egos of each other.
Jurisdiction: The specific industry, craft, or geographical area that a local union is
chartered to organize or represent.
Jurisdictional Dispute: Conflicts 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. For example, construction contracts
may requires Laborers do nightly site clean-up but Teamsters employees cleaned up
their mess where they were working. The Laborer’s will argue a jurisdictional dispute
arose because the Teamsters performed work outside of their jurisdiction thus taking
work away from the Laborers.
L-M Reports: Short for Labor Management Reports. L-M Reports are the annual
financial statement of income and expenses for unions, including salaries of union
officers and staff, which unions must file with the Labor Management Division of the
U.S. Department of Labor. The L-M 2 report is the most commonly used report to
expose to union members where their dues money is going since expenses such as
air travel, hotels, and meals must be itemized.
Landrum-Griffin Act of 1955: Also known as the Labor Management Reporting and
Disclosure Act (LMRDA). This law, among other things, amended the original 1935
National Labor Relations Act to curb some of the rampant union power by requiring
periodic reports by unions and regulating union trusteeships and elections.
LMRA: See, Taft-Hartley Act of 1947
LMRDA: See, Landrum-Griffin Act of 1955
Lockout: Closing of a plant by management to pressure workers to accept the
employer’s terms and conditions of employment. These typically occur during
negotiations of collective bargaining agreements.
Made Whole Remedy: Phrase used in grievances and other legal actions where a
remedy is sought. Typically used in discharge and discipline cases where the union
seeks to have a worker, who allegedly was wrongly discharged or disciplined, returned
to work and reimbursed all wages, benefits, seniority, and other conditions of
employment that were lost or modified due to an employer’s allegedly unjustified
action.
Maintenance of Membership: Clause in collective bargaining agreement that says
employees voluntarily joining a bargaining unit must remain a member of the union
throughout the duration of the contract. Maintenance of membership clauses are often
called union security clauses.
Management Rights: Certain rights that are not subject to negotiation include the right
to manage to operate the employer’s organization. Management rights clauses are
expressly included in collective bargaining agreements and generally include the right
to hire, fire, promote, suspend, and discharge employees, direct the work of
employees, and establish operating policies.
Managerial Employee: An employee who has significant responsibilities for
formulating or administering policies and programs. Managerial employees are
typically not included in bargaining units and are not covered by collective bargaining
agreements.
Mandatory Subject of Bargaining: Certain terms and conditions of employment that
must be negotiated between management and the union. An employer may not make
a change in a mandatory bargaining subject without providing the union with prior
notice and an opportunity to bargain over the desired change.
Mass Picketing: Picketing performed by large numbers of individuals in close
formation that prevents access to company property. Mass picketing is broken up by
court injunctions that limit the number, time, and place picketing can occur.
Master Contract: A union contract covering several companies in one industry, i.e.
Master Freight Agreement covering truckers.
Member in Good Standing: A union member that has fulfilled requirements for joining
the union, i.e. has paid dues, and who has not voluntarily withdrawn from membership,
been expelled, or suspended from the union.
Member to Member Network: A system whereby union leaders can communicate
rapidly with members. For example, a coordinator at the top of a pyramid
communicates with 10 leaders, each of whom communicates with 10 members, each
of whom communicate with 10 more members, etc. Member to member networks are
sometimes called Canvassing.
Mediation: When a neutral third party tries to get a union and the employer to agree
on an issue that they disagree on.
Membership Card: What an employee signs agreeing to join the union, abide by its
constitution and bylaws, and to pay its dues and fees.
Merit Increase: Increase in wages given to one employee by the employer to reward
good performance. Unions oppose merit increases. Unions desire that wage increases
are lock-step without regard to performance.
National Labor Relations Act of 1935: A statute created in 1935 with no amendments
since 1959 that governs relationships between private sector employers and their
employees when dealing with concerted activity, terms and conditions of employment,
or labor unions.
National Labor Relations Board: The agency “court system” set up to enforce the
National Labor Relations Act. The NLRB is typically comprised of 5 Board Members
who are appointed by the President and confirmed by the Senate. There are roughly
35 NLRB Regional Offices throughout the United States. Regional Offices act as the
lower level courts, and the five-Member Board acts as the court of appeals.
National Mediation Board: Established under the Railway Labor Act, the NMB
conducts representation elections, regulates major disputes, and appoints arbitrators
and boards to decide minor disputes in the railway and airline industry.
NLRA: See, National Labor Relations Act of 1935
NLRB: See, National Labor Relations Board
NMB: See, National Mediation Board
No Raiding Pact: An agreement between different unions to not attempt to organize
workers who are already being represented by as union who is signatory to the no
raiding pact.
Non-Binging Arbitration: Investigation of labor-management disputes where a report
is issued describing the dispute and recommendations for a solution. Also referred to
as Fact Finding and as Advisory Arbitration.
Open Shop: A place of employment where employees do not have to belong to a union
or pay union dues in order to continue working for that employer even though a
collective bargaining agreement covers that place of employment. By law, the union
must represent all employees, both union members and non-members, equally.
Organizing Committee: A group of employees in a non-union shop who are
designated to represent their co-workers during the representation campaign.
Organizing committee members are usually responsible for getting co-workers to sign
authorization cards or petitions, hand out leaflets, attend meetings, and conduct
Housevisits. Oftentimes organizing committee members receive cash payment from
the union for each signed authorization card.
Past Practice: A customary way of doing things not written into the collective
bargaining agreement. Past practices can sometimes be enforced through the
grievance procedure if the practice has been longstanding, consistent, and accepted
by the parties as deeply ingrained into the culture or rules of the workplace.
Pattern Bargaining: Collective bargaining where the union tries to apply identical
terms, conditions, or demands to a number of employers in an industry although the
employers are not related and the contracts are bargaining at different times.
Negotiations between the UAW and Ford, Chrysler, and GM is an example of pattern
bargaining.
PBGC:: See, Pension Benefit Guarantee Corporation
Pension Benefit Guarantee Corporation: Federal Corporation that guarantees
vested participant in private pension plans will receive some pension benefits (though
not full benefits), even if a pension plan becomes bankrupt.
Permanent Replacement Worker: When employees engage in an economic strike,
the employer has the right to hire permanent replacement workers. If there is no back
to work agreement between the union and the employer after the strike ends,
employees replaced during the strike are put on a preferential hiring list, must wait for
openings to occur, and are not guaranteed a future job with that company. See, also
Replacement Worker
Permissive Subjects of Bargaining: Subjects of bargaining that are not Mandatory
Subjects of Bargaining. Either party can propose to discuss permissive subjects of
bargaining, and the other side may voluntarily bargain on those subjects. Neither party
may insist on bargaining that subject to the point of impasse.
Phone Banking: The organized telephoning by union members of a large number of
other members to inform them of a union policy, action, or to gather information. This
is typically conducted by volunteers who make the calls from the union halls during a
certain time period, i.e. shortly before political elections.
Picketing: The carrying of signs protesting working conditions or actions taken by the
employer. Picketing typically occurs during a strike and is designed to pressure the
employer into changing its ways or bargaining position.
Pie Card Member: Derogatory term used by unions to refer to workers who were in a
union but did not believe in union principles.
Piece Work: Being paid by the number of units completed is being paid for doing piece
work. In theory, the faster one works, the more money one makes.
Plant Rules: Management procedures that maintain efficient production and enforce
discipline, when needed. A plant rule may be grieved on the theory that it is
unreasonable, in conflict with the contract, unknown to workers, or not enforced
equitably.
Premium Pay: Premium pay is an amount of pay in excess of straight pay rate to
compensate employees for working inconvenient hours, overtime, with hazardous
materials, or under other undesirable circumstances Premium pay can be in the form
of a flat sum or a percentage of straight pay rate.
Prevailing Wage: The wage prevailing in a geographic locality for a certain type of
work. For example, each plumber, carpenter, electrician, etc. receives the same wage
regardless of which company he works for. Prevailing wage is often required for
construction projects financed with public, i.e. taxpayer, money.
Primary Boycott: Primary boycotts are against the employer directly involved in the
labor dispute.
Raiding: One union’s attempt to get workers belonging to another union to abandon
that union and join the union performing the raid.
Railway Labor Act of 1926: Federal law that regulates labor relations in the railway
and airline industry. The RLA guarantees workers in the railway and airline industry
the right to form a union and bargain collectively, severely controls the timing and rights
to strike, and bargaining units are national instead of workplace specific like under the
NLRA.
Rank and File: Term used to describe union members who are not union officials,
bosses, trustees, or executives.
Ratification: The act of union members voting to formally approve a newly negotiated
collective bargaining agreement.
Recognition: When an employer accepts (recognizes) a union as the exclusive
bargaining representative for all employees in the bargaining unit. Recognition is given
either voluntarily, by evidence, or after an NLRB conducted election.
Recognition Picketing: Picketing with the purpose to pressure an employer into
recognizing a union as the exclusive bargaining agent for certain employees.
Recognition picketing is subject to moderate restrictions.
RLA: See, Railway Labor Act of 1926
Reopener Clause: A provision in a collective bargaining agreement that reopens
negotiations during the term of the contract. Reopener clauses are typically included
in contracts that do not provide for wage increases because the employer cannot afford
them during the time of bargaining but may be able to afford them at some point before
the expiration of the agreement.
Replacement Worker: A worker who is brought into the unionized facility to replace a
union member that chose to go on strike. There are two types of replacement workers:
Economic Replacement Workers and Unfair Labor Practice Replacement Workers.
Economic strikers retain their employee status while on strike; however, the employer
may hire permanent replacements and legally refuse to reinstate strikers who have
been permanently replaced until there is a natural opening for them to return to work.
Unfair labor practice strikers must be reinstated at the end of the strike with few
exceptions. Unions refer to replacement workers as scabs or strikebreakers.
Representation Election: A vote to determine whether a majority of the workers in a
bargaining unit want to be represented by a particular union. Representational
elections are conducted by the National Labor Relations Board via secret ballot voting.
Right to Work: Laws passed by states legalizing the open shop concept and removing
any requirement that workers must join a union in order to work at a specific employer.
Roughly half the states in the United States have right to work laws. These states are
generally in the south and have a much lower unionization rate than northern
employers.
Runaway Shop: A union term for when an employer transfers work from one plant to
another plant, usually in another city or state. To counter employer’s ability to relocate
production away from a unionized facility, unions seek unambiguous contract language
forbidding any movement of corporate assets or production.
Salt: A person on the union payroll who secures a job with a non-union employer with
the sole intention of organizing a union inside that workplace. Salts are typically paid a
commission for each authorization card they get signed and a bonus if the organization
becomes unionized. After organizing an employer, a salt quits working at that place of
employment and begins working at another next non-union facility, again with the
intent.
Scab: A union-used derogatory term for a non-employee who is brought into the
unionized facility to replace a union member who chose to go on strike.
Secondary Activities: Strikes, picketing, boycotts, or other activities directed by a
union against an employer, with whom the union has no dispute, in order to pressure
that employer to stop doing business with, or to bring pressure against, another
employer with whom the union does actually have a dispute.
Secondary Boycott: Secondary boycotts are targeted at neutral employers in an
attempt to get the neutral employers to stop doing business with the company that the
union is having a dispute. Secondary boycotts are largely illegal.
Seniority: Length of service with an employer. Based on seniority level, employees
can be promoted, transferred, assigned new shifts, assigned new schedules, accrue
additional vacation, be immune from layoff, etc. Seniority is a hallmark that labor unions
very rarely release.
Showing of Interest: The procedure whereby unions prove to the NLRB that the union
has enough support to represent a group of employees. There are several types of
showing of interests. 1) A petitional union needs 30% of the eligible members in the
union. 2) An intervening union needs 30% of the unit it seeks. 3) A union seeking to
intervene into the same unit to the extent of blocking a consent election agreement
must have 10%. 4) An intervening union who only wants its name on the ballot must
show just one or a few cards.
Single Integrated Employer: A legal doctrine that treats two or more related
enterprises as a single employer. Those two companies may be bound by a union
contract signed by only one of them if they are a single employer and the employees
of each constitute a single bargaining unit. This may remove an alleged neutral
employer from the protection of the NLRA’s prohibition on secondary boycotts or may
impose a bargaining obligation upon an entity with respect to employees ostensibly
employed by another employer.
Sit-Down Strike: Work stoppage caused when strikers prevent the operation of an
employer’s facility by refusing to leave the premises. Sit-down strikes are illegal.
Sixty Day Notice: A notice that must be given by either the union or the employer
when desiring to reopen or terminate an existing collective bargaining agreement. No
strike or lockout may begin during this 60-day timeframe.
Speed Up: Unions consider any system designed to increase worker productivity
without increasing compensation as a “speed up” and discourage its use.
Split Shift: When there are semi-regular work hours. For example, workers may work
three different shifts in one week depending on the production schedule. A break of
several hours between the end of one shift and reporting for duty on the next shift is
advisable.
Solicitation: When someone asks for something. Employers typically have no-
solicitation rules seeking to prohibit on premises union organizing. However, no-
solicitation rules can become invalid if the employer picks and chooses which
organization it allows to solicit, i.e. Girl Scouts for their cookies, and which
organizations cannot solicit.
Steward: A member of the bargaining unit who carries out duties of the union inside
the workplace. Example of shop steward duties include handling grievances, collecting
dues, recruiting new members, and monitoring compliance of the collective bargaining
agreement. The steward is usually elected by the other union members.
Strike: When employees, in concert, stop working in an effort to protest current terms
or conditions of employment.
Strike Authorization: Vote by union members to allow the union to call a strike if
contract negotiations fail to bring about a settlement.
Strikebreaker: A union-used term for a non-employee who is brought into the
unionized facility to replace a union member who chose to go on strike. Also referred
to by unions as a scab.
Strike Force: A group of people who have agreed to help picket or leaflet in support
of an organizing drive, strike, or other campaign that a local union has initiated. The
people who have agreed are sometimes volunteers, union members who are forced to
participate, or homeless people who are paid minimum wage without benefits for their
participation.
Strike Sanction: Before a local union can receive strike benefits from the international,
the strike must be sanctioned by the international’s General Executive Board.
Stipulation Certificate: An agreement between the employer and the union that both
sides will be bound the decision of the NLRB Regional Director in a representational
vote. By stipulating, the parties waive their right to an appeal. Stipulation certificates
are the same as consent agreements.
Struck Work: Product that is produced by an employer during a period of a labor
dispute is called struck work. Some collective bargaining agreements have a struck
work clause in them that allow employees to not handle goods of a struck employer –
subject to the hot cargo limitations of NLRA Section 8(e).
Subcontracting: When an employer hires an outside contractor to perform work
instead of performing that work in-house. Oftentimes unionized employers can have
the same work performed less expensively and more efficiently by subcontracting the
work. Unions seek to include no-subcontracting clauses in collective bargaining
agreements.
Successor Employer: A successor employer is one that acquires an already existing
unionized operation and continues that operation in approximately the same manner
as the previous employer, including the use of the previous employer’s employees.
Successor employers typically must recognize the existence of the union.
Supervisor: An employee with authority to hire, fire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or discipline other employees. Additional duties
may include directing employees, answering grievances, or recommending disciplinary
action, so long as it requires independent judgment. Whether a job description or title
identifies one as a supervisor is inconsequential; actual day to day duties must be
evaluated. Supervisors cannot be in bargaining units.
Surface Bargaining:: When an employer meets with the union and goes through the
motions of bargaining instead of trying to reach agreements on contract language.
Surface bargaining violates Section 8(a)(5) of the NLRA.
Sweetheart Contract:: A slang term unions use to describe a collective bargaining
agreement with terms favorable to the employer. Sweetheart contracts allegedly
promote the individual welfare of the union officers rather than the represented rank
and file union members.
Sympathy Strike: When members of a union at one employer strike over terms or
conditions of employment occurring at an unrelated place of employment.
Taft-Hartley Act of 1947: An amendment to the National Labor Relations Act that
sought to curb imbalanced power in favor of unions by adding provisions to the Act
allowing unions to be prosecuted, enjoined, and sued for a variety of activities,
including mass picketing and secondary boycotts. Also referred to as the LMRA.
Trusteeship: As provided for by most constitutions of international unions,
trusteeships allow international unions or the federal government to take over
management of a local union’s assets and administration of its internal affairs.
Twenty-Four Hour Rule: Employers are prohibited from making election speeches to
employees within 24 hours before a scheduled election. Unions, on the other hand,
can continue to communicate with employees about union representation during this
time period.
ULP: See, Unfair Labor Practice
Unfair Labor Practice: An employer or union practice that is forbidden by the National
Labor Relations Act. Some common examples of unfair labor practices include
employer threats against collective activity and the failure of either side to bargain in
good faith.
Unfair Labor Practice Charge: Written statement of alleged unfair labor practice. A
charge is filed with the NLRB. The NLRB then investigates whether a ULP occurred.
Unfair Labor Practice Replacement Workers: When employees engage in an unfair
labor practice strike, the employer has the right to hire replacement workers. Once the
NLRB has ruled that the strike was in fact an unfair labor practice strike, the employer
must terminate the unfair labor practice replacement workers and return the strikers to
their pre-strike positions. See, also Replacement Worker
Unfair Labor Practice Strike: When employees strike over an unfair labor practice.
Unfair labor practice strikers cannot be permanently replaced as easily as economic
strikers.
Unilateral Change: A change the employer makes to mandatory subjects of
bargaining without the union’s consent. Such changes must generally be bargained to
impasse before it can be implemented.
Union Bug: A stamp placed on printed materials to show that the product was made
by union labor.
Union Buster: A derogatory term used by unions to call professional consultants or
attorneys who provide tactics or strategies for employers to prevent unionization or
decertify unions.
Union Label: A stamp or tag on a product or card that shows that the work was done
by union labor.
Union Security Clause: Clauses in collective bargaining agreements providing for a
union shop, maintenance of membership, or an agency shop. Due check off clauses
can also be considered a form of union security.
Union Shop: A form of union security provided in a collective bargaining agreement
that requires employees to belong to or pay dues to a union as a condition of continued
employment. Union shops are different from closed shops. Closed shops require
workers to be union members before they are hired. Closed shops are illegal. Union
shops require employees to join the union within a predetermined amount of time after
being hired. Union shops do not exist in Right to Work states.
Weingarten Rights: The rights of employees covered by the NLRA to request union
representation during investigatory interviews if they reasonably believe that the
interview could result in discipline. Weingarten rights also allow union representatives
to assist and counsel employees during such interviews.
White Paper Contract: Term used to refer to collective bargaining agreements
covering individual companies instead of national contracts like the National Master
Freight Agreement.
Wildcat Strike: A spontaneously organized strike, typically triggered by an incident on
the job that is undertaken without official union authorization. Wildcat strikes are not
necessarily illegal, nor are they necessarily protected by the NLRB.
Withdrawing Recognition: Employers can generally withdraw recognition of a union
when the union no longer enjoys a majority status or the withdrawal was predicated on
the reasonably grounded doubt as to the union’s continued majority status, which
doubt was asserted in good faith, based upon objective considerations, and raised in
a context free of employer unfair labor practices.
Work to Rule: A tactic whereby workers agree to strictly follow all work rules, even
those that are usually not followed. The goal is to perform less work, i.e slow down
production, as a way to put pressure on the employer to settle workers’ complaints.
Some work to rule campaigns are considered slowdowns and may violate no-strike
clauses.
Yellow Dog Contract: Agreement where an employee promises to not join a union if
hired. Yellow dog contracts are illegal.
Zipper Clause: A contract clause that precludes renegotiation of conditions covered
in the contract for the life of the contract. Zipper clauses are designed to prevent the
employer from changing the contract before the next round of bargaining.