Alaska Public Employees Association/AFT Web Site

Definitions of Common Labor Terms

 

 

Across the Board Increase

A raise in wages, in terms of dollars or a percentage, given at one time to all workers in a bargaining unit. This is to be distinguished from a raise that gives different rates of increase to different groups of employees.

Agency Shop

Provision in a collective bargaining agreement which requires that all employees in the bargaining unit who do not join the association or union pay a fixed amount monthly, the equivalent of association or union dues, as a condition of employment, to help defray the association or union's expense in acting as bargaining agent. The agency shop was designed as a compromise between the union's desire to eliminate the free rider through compulsory membership and management's desire to make membership in a union voluntary. Synonymous with fair-share agreement.

Agent

A person who acts on behalf of either an employer or a union. Any illegal actions the agent commits, such as unfair labor practices or conduct subject to court litigation, implicate the employer or union being represented, even if the illegal act was not authorized or approved.

Agreement (Collective Bargaining Agreement, Union Contract)

Written contract between an employer and an association or union, usually for a definite term, defining conditions of employment (wages, hours, vacations, holidays, overtime payments, working conditions, etc.) rights of employees and association or union, and procedures to be followed in settling disputes or handling issues that arise during the life of the contract.

American Arbitration Association (AAA)

A private, nonprofit organization established to promote arbitration as method of settling labor disputes. The AAA is one of several services which provides lists of qualified arbitrators to employee organizations and employers on request as well as rules of procedure for the conduct of arbitration.

Arbitration

A method of settling a labor-management dispute by having a neutral third party or panel hold a formal hearing, take testimony, and render an award. Arbitration is voluntary when both parties agree to submit disputed issues to arbitration, and compulsory if required by law. The decision may or may not be binding upon the parties. The two major types of labor arbitration are grievance arbitration and interest arbitration.

Arbitration, Grievance

A method of resolving disputes that arise over the interpretation or application of the existing collective bargaining agreement. It is sometimes referred to as rights arbitration. The parties present their cases to an arbitrator who, acting like a judge, interprets and applies the contract. The award, which is usually final and binding, is based on this presentation.

Arbitration, Interest

A method of resolving disputes that arise during the course of contract negotiations where the arbitrator makes a decision on what will be contained in the agreement. It is usually employed after mediation and/or fact finding have failed to resolve the conflict. Some forms of interest arbitration require the arbitrator to accept the final offer of one party on an issue-by-issue or total package basis. This procedure is similar to fact finding but is usually final and binding.

Arbitrator

A neutral third party to whom disputing parties submit their differences for decision (award). An ad hoc arbitrator is one selected to act in a specific case or a limited group of cases. A permanent arbitrator is one selected to serve for the life of the contract or a stipulated term, hearing all disputes that arise during this period.

Association or Union Recognition

Protection of an association's or union's status by a provision in the collective bargaining agreement establishing a closed shop, association (union) shop, or maintenance-of-membership arrangement. In the absence of such provisions, employees in the bargaining unit are free to join or support the association or union at will, and therefore in association or union reasoning are susceptible to pressures to refrain or to the inducement of a "free ride".

Association or Union Shop

Provision in a collective bargaining agreement that requires all employees to become members of the association or union within a specified time after hiring (typically 30 days), or after a new provision is negotiated, and to remain members of the association or union as a condition of continued employment. Modified association or union shops are variations on the association or union shop. Certain employees may be exempted, e.g., those already employed at the time the provision was negotiated who had up until then, not joined the association or union.

Authorization Card (Interest Card)

A statement signed by the employee authorizing an association or union to act as his representative in dealings with management, or authorizing the employer to deduct associating or union dues from his pay (checkoff).

Bargaining Agent

Association or union designated by an appropriate government agency such as the Alaska Labor Relations Agency, Municipal or Borough Employee 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 Committee

A broadly representative union body which polls, surveys, and analyzes the union membership to determine the importance of various issues; establishes a preliminary framework of negotiating priorities for the negotiating team; and, carries on various other support activities for both the negotiating team and the union.

Bargaining Rights

Legally recognized right of associations or unions to represent employees in dealings with employers.

Bargaining Unit

Group of employees in a craft, department, plant, firm, industry or government agency recognized by the employer, or designated by an authorized agency such as the local Employee Relations Board, Alaska Labor Relations Agency or National Labor Relations Board as appropriate for representation by an association or union for purposes of collective bargaining. One way of judging the appropriateness of a bargaining unit is to determine a community of interest among the employees. Other typical criteria are bargaining history, employee desires, and employer structure.

Bonuses

Some agreements include the payment of periodic bonuses or lump sum payment.

Boycott

Collective economic pressure to discourage the public from buying, patronizing, or supporting unfair employers, companies, or oppressive institutions.

Bumping

A seniority protection that occurs when a person must move to a different position and in doing so causes another less senior employee to move. The second person is said to have been "bumped" by the first.

Call-in and Call-back Pay

A premium wage payment made when workers are called back to work or an assurance that hey will work a given number of hours when called back to work.

Cafeteria Benefits Plan

An Alternative to the traditional benefit package wherein everyone receives the same benefit package. Cafeteria plans usually have an expanded list of benefits with a fixed level of basic benefits. Workers can select or trade benefits to meet their individual needs.

Certification

Formal designation by a government agency, such as a local Employee Relations Board, the Alaska Labor Relations Agency or the National Labor Relations Board of the association or union selected by the majority of the employees in a supervised election to act as exclusive bargaining agent for all employees int he bargaining unit.

Checkoff

Practice whereby the employer, by agreement with the association or union(and upon written authorization from each employee where required by law or agreement), regularly withholds association or union dues from employee's wages and transmits these funds to the association or union. Checkoff is a common practice in organized establishments and is not dependent upon the existence of a formal association or union security clause. The arrangement may also provide for deductions of initiation fees and assessments. (See Association or Union Security).

Closed Shop

Form of association or union security provided in an agreement which binds the employer to hire and retain only association or union members in good standing. The key distinction between closed shop and an association or union shop lies in the hiring restriction, a restriction prohibited by the Labor Management Relations Act 1974. Legal closed shops may be found outside the scope of this act (which applies to employers and employees in industries affecting interstate commerce) and outside the states with "right-to-work" laws.

Collective Bargaining

Method whereby representatives of the employees (association or union) and employer determine the conditions of employment through direct negotiation normally resulting in a written contract setting forth the wages, hours and other conditions to be observed for a stipulated period (e.g., 2 years). The term is also applied to association or union and management dealings during the term of the agreement.(See Agreement)

Company Union

A bogus union, organized, dominated and financed by the Employer; giving workers no real protection while keeping them from organizing a real union. Outlawed as an unfair labor practice under the National Labor Relations Board.

Conciliation

The efforts of a third-party neutral aimed at finding compromise between opposite view-points in a labor dispute so that a voluntary settlement results.

Confidential Employee

An employee who has access to information that could affect the employer’s employee relations. For instance, if an employee handles grievances, assists in formulating collective bargaining strategies, or assists his or her supervisor with any either of those tasks. Under PERA, these individuals may organize, but they must be in a separate unit.

Continuous Violation

Most grievance procedures have time limits that require that the grievance must be filed a certain number of days after the event. However, some events are continuous making the time limits less clear. The usual rule is that the clock starts running when the union could reasonably have been expected to know of the event and have taken action.

Contract Bar

The time period during which an existing agreement will bar a representation election sought by a competing union or a group of bargaining unit employees attempting to unseat the organization that has the right of exclusive representation.

Contracting Out

The use by employers of outside contractors whose employees are not covered by the same collective bargaining agreement to do work which has been or could be preformed by unit employees.

Cost of Living Adjustment

See Escalator Clause.

Cost of Living Index (CPI)

The commonly used name for the Consumer’s Price Index (CPI), which is prepared by the U.S. Bureau of Labor Statistics. This Index shows from month to month, and year to year, the change in prices of a number of items which it is assumed that most families buy – food, clothing, rent, furniture, etc. This price index is therefore a rough measure of changes in the cost of living.

 

Cooling-Off Period

A period of time which must elapse before a strike or lockout can begin or be resumed, established by agreement or by law. The term derives from the hope that the tensions of unsuccessful negotiation will subside in time that a work stoppage will be averted.

Credited Service

The years of employment counted toward retirement and seniority.

Crisis Bargaining

Collective bargaining that occurs under the pressure of a strike deadline. The opposite of crisis bargaining is the more typical situation where there is ample time to discuss and review proposals and counter proposals.

Decertification

Withdrawal by a government agency, such as the Alaska Labor Relations Agency, local Employee Relations Board, or the National Labor Relations Board, of an association or union's official recognition as exclusive bargaining representative.

Discharge

Dismissal of a worker from his employment. Term implies discipline for unsatisfactory performance and is thus usually limited to dismissals for cause relating to the individual; e.g., insubordination, absenteeism, inefficiency. Collective bargaining agreements usually protect employees from arbitrary or discriminatory discharge. A discharge means loss of seniority and other rights and affects the employee's chances for employment elsewhere.

Discrimination

Term applied to prejudice against or unequal treatment of employees in hiring, employment, pay or conditions of work, because of race, national origin, creed, color, sex, age, association or union membership or activity or any other characteristic not related to ability or job performance.

 

Dispute (Labor Dispute)

Any disagreement between association or union and management which requires resolution in one way or another, e.g., inability to agree on contract terms, an unsettled grievance, etc.

Duty to Bargain

The mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment. Such obligation does not compel either party to agree to a proposal or require the making of a concession.

Duty of Fair Representation

The legal obligation on the part of the union, as exlusive representative of a bargaining unit, to represent all of the employees, members and non-members alike, fairly without discrimination, obvious negligence, or through arbitrary or capricious decisions. A union that commits a DFR violation can be charged with an unfair labor practice at the NLRB (if private sector) or sued in court.

Employee Assistance Program (EAP)

A confidential information, support and referral service designed to help employees cope with personal problems which negatively affect their lives and workplace productivity. Such programs often provide assistance in the following situations: emotional stress, family disintegration, financial and legal difficulties, alcoholism, drug abuse, and marital disruption.

Ergonomics

The study of matching workplace and machines to the characteristics of workers to reduce strain on workers and thereby decrease lost time caused by work-related illness and disability.

Equal Pay for Equal Work

A policy denoting or a demand for payment of equal compensation to all employees in an establishment performing the same kind or amount of work, regardless of race, sex, or other characteristics of the individual workers not related to ability or performance.

Escalator Clause (Wage Escalator)

Provision in an agreement stipulating that wages are to be automatically increased or reduced periodically according to a schedule related to changes in the cost-of-living as measured by a designated index, or occasionally to another standard, such as an average earnings figure. Escalator clauses thus allow wages to fluctuate with changes in the cost of living and are designed to keep real wages reasonably stable during the term of the contract. Term any also apply to any tie between an employee benefit and the cost of living as in a pension plan.

Exclusive Bargaining Rights

The right and obligation of an association or union designated as majority representative to bargain collectively for all employees, including non-members, in the bargaining unit.

Fact Finding Board

A group of individuals appointed under government authority to investigate, assemble and report the facts in a labor dispute, sometimes with authority to make recommendations for settlement.

Fair Labor Standards Act of 1938 (FLSA, Wage-Hour Law)

Federal law which prohibited oppressive child labor and established a minimum hourly wage and premium overtime pay for hours in excess of a specific level (now time and one-half after 40 hours per week) for all workers engaged in, or producing goods for, interstate commerce. The minimum wage and the coverage of the act have been modified several times since enactment.

Featherbedding

Work practice which tend to limit productivity and create an artificial demand for workers, such as demanding payment for work not performed, refusing to allow adoption of labor-saving equipment, and creating or maintaining nonessential jobs. Such practices are often motivated by fear of job loss (through automation, for example) and are justified by claims of enhanced safety and work quality.

Federal Mediation and Conciliation Service (FMCS)

An independent U.S. Government agency which provides mediators to assist the parties involved in negotiations or a labor dispute in reaching a settlement, provides list of suitable arbitrators on request, and engages in various types of "preventive mediation". Mediation services are also provided by several State agencies. (See also Mediation in Alaska Statute 23.40.190)

Fringe Benefits

Compensation in addition to direct wages such as paid vacations and holidays, overtime premiums, medical insurance and pensions.

Good Faith Bargaining

The requirement that the two parties to negotiation meet and confer at reasonable times with a willingness to reach an agreement on new contract terms. Good faith bargaining does not require that either party make a concession or agree to any proposal.

Good Standing

A member in good standing is one with paid up dues, and having met all other obligations of membership.

Grievance

Any complaint or expressed dissatisfaction by an employee in connection with his job, pay or other aspects of his employment. Whether it is formally recognized and handled as a "grievance" depends on the scope of the grievance procedure.

 

Grievance Mediation

A voluntary and less formal method of dispute resolution whereby a neutral party serves as a facilitator in the decision making process. The ultimate acceptance, rejection, or modification of a resolution rests with the parties.

Grievance Procedure

Typically a formal plan specified int he agreement which provides a channel for the adjustment of grievances through discussions at progressively higher levels of authority of the company or other employer and the association or union, usually culminating in arbitration, if necessary. Formal plans may also be found in non-union companies, with the important difference that there is no association or union to represent employees.

Grievance Steps

The regular steps in a grievance procedure by which a grievance dispute moves from one level of authority in the company and association or union to the next higher level. The steps are usually in the agreement.

Ground Rules

The procedures agreed to by the parties which govern the process and conduct of negotiations.

Hazardous Duty Pay

Money paid above the usual wage scale for work which endangers the health or welfare of the worker. Extra pay also may be negotiated into a contract for workers who are involved in especially dirty or unpleasant work.

Impasse

The point in bargaining where a stalemate has been reached with no prospect of change of position by either party.

Initiation Fee

The initial charge of becoming a member. The amount is set by the membership.

Injunction

An order issued by a court to cease and discontinue a certain activity because the other party is liable to sustain irreparable injury form the (unlawful) activity.

Insubordination

The act of refusing or deliberately failing to carry out a legal assignment. When in doubt carry out the work under protest and follow up the assignment with a grievance. (Work now, grieve later.)

Job Description

A written statement listing the elements of a particular job or occupation, such as purpose, duties, equipment used, qualifications, training, physical and mental demands, working conditions, etc.

Job Evaluation (Job Grading, Job Rating)

Determination of the relative importance or ranking of jobs in an establishment for wage setting purposes by systematically rating them on the basis of selected factors, such as skill, responsibility, experience, etc. Ordinarily used as a means of determining relative levels, not the actual structure as a whole.

Labor-Management Committee

A joint committee formed to discuss a variety of topics usually related to improvements in the employer’s business. Labor/Management committees have the power to recommend changes, but if the changes are mandatory subjects of bargaining, the changes must be negotiated.

Layoff (Reduction in Force)

Involuntary separation from employment for a temporary or indefinite period without prejudice, that is, resulting from no fault of the employees. Although "layoff" usually implies eventual recall, or at least an intent to recall employees to their jobs, the term is occasionally used for separations plainly signifying permanent loss of jobs, as in plant shutdowns. Reduction in force usually signifies permanent layoff.

LRA

Alaska Labor Relations Agency. Similar to National Labor Relations Board (See NLRB Definition.)

Lockout (Joint Lockout)

A temporary withholding of work or denial of employment to a group of employees by an employer during a labor dispute in order to compel a settlement at or close to the employer's terms. A joint lockout is such an action undertaken at the same time by a group of employers. Technically, the distinction between a strike and lockout turns on which party actually initiates the stoppage. One, however, can develop into the other.

Loudermill Rights

A case decided by the Supreme Court that found that public employees have a property right in their positions and cannot be deprived of their positions without due process.

Maintenance of Membership Clause

An arrangement provided for in a collective bargaining agreement whereby employees who are members of the association or union at the time the agreement is negotiated, or who voluntarily join the association or union, subsequently must maintain their membership for the duration of the agreement.

Management’s Prerogatives

This refers to the right of the employer to make decisions and run the agency without consultation with, notification to, or bargaining with the union.

Management Rights Clause

A provision found in most collective bargaining agreements delegating certain rights to management, generally including the right to assign and direct the workforce, to discipline employees for just cause, and to reduce the workforce due to lack of work or money.

Mandatory Subject of Bargaining

A subject pertaining to the wages, hours, terms, or conditions of employment. An Employer may not make a unilateral change in a mandatory subject of bargaining without providing prior notice to the union and an opportunity to bargain.

Merit Increase (Performance Incentive)

An increase in the wage rate of an employee, usually given on the basis of certain criteria of worth, e.g., efficiency and performance.

Mediation

An attempt by an impartial third party, called a mediator, to bring the parties in a labor dispute together. The mediator has no power to force a settlement but rather operates primarily through persuasion to help the negotiating parties reach an agreement.

National Labor Relations Board (NLRB)

Agency created by the National Labor Relations Act of 1935, and continued through subsequent amendments, whose functions are to define appropriate bargaining units, to hold elections to determine whether a majority of employees want to be represented by a specific association or union or no association or union, to certify associations or unions to represent employees, to interpret and apply the act's provisions prohibiting certain employer and association or union unfair practices, and otherwise to administer the provisions of the act.

Negotiation

The process by which representatives of employees and management try to reach agreement on conditions of employment, such as wages, hours, fringe benefits, and the machinery for handling grievances.

Negotiator

The person who represents the employer or union in collective bargaining negotiations. Often committees or "teams" represent each party, and one of the committee's members acts as chief negotiator or spokesperson for the group.

No-Strike Clause

A provision found in most collective bargaining agreements in which the union pledges that there will be no strikes during the life of the agreement.

Open Shop

Term commonly applied to an establishment with a policy of not recognizing or dealing with a labor association or union. Term may be sometimes applied to an organized establishment where association or union membership is not a condition of employment. (See Association or Union Security)

Overtime

Work performed in excess of basic workday or workweek as defined by law, personnel rules, collective bargaining agreement, or company policy. Sometimes applied to work performed on Saturdays, Sundays or holidays at premium rates.

Past Practices

A way of dealing with a grievance by considering the manner a similar issue was resolved before the present grievance was filed. Past practice is often used to resolve a grievance when contract language is ambiguous or contradictory, or when the contract doesn't address the matter in dispute. Past practice may also create a basis for a grievance action if the employer unilaterally changes a long standing well understood practice which may not be included in the collective bargaining agreement.

 

Payroll Deductions

Amounts withheld from employee's earnings by the employer for social security, federal income taxes and other governmental levies; also may include union or association dues, group insurance premiums, and other authorized wage assignments.

Per Capita Tax

A stated periodic payment taken from the monthly dues amount that is sent by the APEA/AFT to the American Federation of Teachers and the AFL-CIO.

Personal Leave

Excused leave for reasons important to the individual worker regardless of whether otherwise provided for, such as for getting married, sick leave, annual leave, etc.

Picketing

Patrolling near employer's place of business by association or union members (pickets) to publicize the existence of a labor dispute, persuade employees to join the association or union or the strike, discourage customers from buying or using employer's goods or service, etc. Organizational picketing is picketing carried on by the association or the union for the purpose of persuading employees to join the association or union or authorize the association or union to represent them. Recognitional picketing is picketing to compel the employer to recognize the association or union as the exclusive bargaining agent for his employees. Informational picketing is picketing directed toward advising the public that an employer does not employ members of, or have a contract with, an association or union, or is treating its employees in an unfair manner when an actual strike is not called.

Premium Pay

Additional money which is paid to an employee for certain types of work, sometimes referred to as penalty pay. It is usually 10 to 50 percent of the base rate. Examples: night shifts, overtime, hazardous or unpleasant work. Premium pay is paid in addition to the regular pay to compensate employees for the special effort required, the unpleasantness of the work, or for the inconvenience of the time during which the work takes place. It is offered to induce them to volunteer for such work.

Prevailing Rate (Going Rate)

Term has no precise statistical meaning in ordinary usage. It may refer to average level of wages paid by employers for specific occupations in a community or area, rate most commonly paid, rate paid to most employees, or rate established by association or union contracts.

Raiding

Term applied to an association or union's attempt to enroll members belonging to another association or union or already covered by a collective bargaining agreement negotiated by another association or union, with the intent to usury the association or union's bargaining relationship.

Ratification

Formal approval of a newly negotiated agreement by vote of the association or union members affected.

Real Wages

Real wages measure changes in earning as compared to inflation. They are usually calculated by dividing the increase in current wages by the rise in the cost of living from a given year in the past, so as to measure how much of the increase in wages is to offset inflation and how much is real progress—hence the term real wages.

Regular Rate

Usually, basic rate of pay or the straight-time rate. The Fair Labor Standards act defines "regular rate of pay" for overtime pay computations; collective bargaining agreements also usually define the term for calculation purposes (vacation pay, overtime, etc.).

Reopening Clause (Wage Reopener)

Clause in a collective bargaining agreement stating the time of the circumstances under which negotiations can be requested, prior to the expiration of the contract. Reopenings are usually restricted to wage issues and perhaps other specified economic issues, not to the contract as a whole.

Representation Election (Election)

Election conducted to determine by a majority vote of the employees in an appropriate unit (See Bargaining Unit) which, if any, association or union is desired as their exclusive representative. These elections are usually conducted by the State Labor Relations Agency, Municipal or Borough Employee Relations Board, or the National Labor Relations Board.

Retroactive Pay

Wages due for past services, frequently required when wage increases are made effective as of an earlier date, or when contract negotiations are extended beyond the expiration date of the previous agreement.

Right to Work Laws

State laws which forbid collective bargaining agreements to contain union security clauses which require union membership. These laws are authorized by Section 14(b) of the Taft-Hartley Act. About 20 states, located mostly in the South and Southwest, have right to work laws.

Scope of Bargaining

The universe of issues included in the collective bargaining procedures, which are usually divided into three categories: mandatory, permissive, and prohibited.

Seniority

Term used to designate an employee's status relative to other employees, as in determining order of promotion, layoff, vacations, etc. Straight seniority is acquired solely through length of service. In qualified seniority, other factors such as ability are considered with length of service. Departmental or unit seniority refer to seniority applicable in a particular section for the plant, rather than in the entire establishment. Plant-wide or company-wide seniority is applicable through out the plant or company. On a seniority list, individual workers are ranked in order of seniority.

Severance Pay

Payment by the employer to a worker who terminates their employment, either voluntarily or involuntarily.

Sexual Harassment

Any unwarranted and repeated sexual comments, looks, suggestions, or physical contacts that create an uncomfortable working environment.

Shift Differential

Added pay for working during a swing or graveyard shift, graveyard differentials are generally more than swing shift differentials.

Shop Steward (Employee Representative, Union Steward)

A local association or union's representative in a plant or department elected by association or union members (or sometimes appointed by the union) to carry out association or union duties and solicit new members.

Strike (Wildcat, Outlaw, Quickie, Slowdown, Sympathy, Sitdown, General)

Temporary stoppage of work by a group of employees (not necessarily members of an association or union) to express a grievance, enforce a demand for changes in the conditions of employment, obtain recognition, or resolve a dispute with management. A wildcat or outlaw strike is a strike not sanctioned by the association or union and one which violates the agreement. A quickie strike is a spontaneous or unannounced strike. A slowdown is a deliberate reduction of output without an actual strike in order to force concession from employer. A sympathy strike is one of workers not directly involved in a dispute, but who wish to demonstrate worker solidarity or bring additional pressure upon company involved. A sitdown strike is a strike during which workers stay inside the plant or workplace, but refuse to work, or allow others to do so. A general strike involves all organized employees in a community or country (rare in the United States). A walkout is the same as a strike.

Strike Deadline

Time set by the association or union for beginning a strike if a satisfactory settlement is not reached. Typically, this is at midnight of the last day of the contract term or the start of the next day's first shift.

Strike Notice

Formal notice of an intention to strike, presented by the association or union to the employer, or to the appropriate federal government agency, such as the Federal Mediation and Conciliation Service.

Strike Vote

Vote conducted among members of an association or union to determine whether or not a strike should be called.

Sunshine Bargaining (Fish Bowl bargaining)

Bargaining that involves the public, either as participants or observers of all aspects of bargaining. May also be called Open negotiations.

Superseniority

A position on the seniority list ahead of where the employees would be placed solely on the basis of years of service. Such favorable treatment is usually reserved for union stewards, in order to retain proper union representation for those employees who remain on the job in the event of a layoff. Superseniority would be provided for in a collective bargaining agreement, and is also frequently granted to elected negotiators.

Supervisor

A person having the authority, in the interests of the employer, to hire, transfer, suspend, promote, layoff, recall, discharge, assign, reward, or discipline other employees, or to effectively recommend such action, or to adjust employee grievances, where such authority is not of a routine or clerical nature but requires the use of independent judgement.

Sweetheart Agreement

A derogatory term for an association or union contract exceptionally favorable to a particular employer in comparison with other contracts, implying less favorable conditions of employment than could be obtained under a legitimate collective bargaining relationship.

Unemployment Insurance (Unemployment Compensation)

Joint federal-state program, established in 1935, under the Social Security Act and subject to the standards set forth in the Federal Unemployment Tax Act, under which state-administered funds obtained through payroll taxes provide payments to eligible unemployed persons for specified periods of time. Levels of benefits and tax rates are established by each State.

Unfair Labor Practice

Action by either an employer or association which violates the provisions of national, state, or local labor relations acts, such as refusal to bargain in good faith. An unfair practice strike is a strike caused, at least in part, by an employer's unfair labor practice.

Unilateral Change

A change in a mandatory bargaining subject made by an employer without prior notice and/or bargaining. Unless permitted by the contract, such unilateral changes are unfair labor practices.

Union Label or Card

A stamp or tag on a product or card in a store or shop to show that the work is done by union labor.

Union Security

A clause in the contract providing for the union shop, modified union shop, maintenance of membership clause or agency shop. The checkoff can also be regarded as a form of Union security.

Union Shop

A workplace in which every worker covered by the contract must become a member of the union or an agency fee payer. New workers need not be union members to be hired, but must join the union within a contractually specified number of days.

Voluntary Bargaining subject (same as permissive bargaining subject)

A subject about which the employer can legally refuse to bargain; for example, the selection of management personnel.

Weingarten Rights

The right of employees to request union representation during investigatory interviews and the right of union representatives to assist and counsel employees during investigatory interviews.

Work Rules

Rules regulating on-the-job standards and conditions of work, often incorporated the collective bargaining agreement when negotiations occur. Work rules are usually negotiated at the insistence of the union to restrict management's ability to unilaterally set production standards and assign employees as management wants. The union's goals in establishing work rules are to maximize and protect the number of jobs available to its members, protect the health and safety of employees, and to promote stable work assignments for employees.

Work to Rule

A decision by workers to perform their work in strict accordance with the requirements of work rules; a form of slowdown.

Yellow Dog Contract

A contract stating that a worker would not join a union. Before the practice was out-lawed by the Norris-LaGuardia Act of 1932, many workers were forced to sign such a statement as a condition of employment.

Zipper Clause

A provision in a collective bargaining agreement that specifically states that the written agreement is the complete agreement of the parties and that anything not contained therein is not agreed to unless put into writing and signed by both parties following the date of the agreement. The zipper clause is intended to stop either party from demanding renewed negotiations during the life of the contract. It also works to limit the freedom of a grievance arbitrator because the decision must be based only on the contents of the written agreement.


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Last updated on November 29, 1999