This is a glossary of words and phrases often used in union halls, meetings, and at your work site. If you hear a word or phrase not on this list, feel free to ask us about it.
Agency Fee Payer
There are two levels of people who pay dues, those who are union members and those who are called “agency fee payers.” An agency fee is a fee charged by the union to bargaining unit members who either do not wish to formally join the union or are unaware of their agency fee status. The payment of such fee represents the portion of the membership dues routinely charged to all bargaining unit members related to collective bargaining and contract administration under the law. Such fees are legally chargeable to non-members. Those who are agency fee payers pay the same amount as those who are union members.
A union security contract clause requiring employees covered by the contract, but who decline to join the union, to pay a service fee to the union equal to, or a percentage of, the union dues. The intent of this fee (sometimes called “fair share”) is to compensate the union, which, by law, must give full and equal representation to all bargaining unit members, regardless of membership status (see “Duty of Fair Representation” below).
The American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), which is a federation of over 50 labor unions in the United States, representing over 9 million American workers. www.aflcio.org
See “Grievance Arbitration” and “Interest Arbitration.”
A group of employees in a given workplace that has sufficient commonality of interest to constitute a unit for purposes of collective bargaining. The National Labor Relations Board (NLRB) or similar federal, state or local agency usually defines a bargaining unit.
The union or employer negotiators who will actually be at the bargaining table and actively involved in the negotiations towards a contract.
Process through which workers demonstrate their desire to form a union, usually be signing a form; the employer must remain neutral.
Official recognition by a labor relations board that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit for the purpose of collective bargaining.
A method of determining terms and conditions of employment through negotiation between representatives of the employer and the union representing employees.
Collective Bargaining Agreement or Contract
A formal written agreement over wages, hours and conditions of employment entered into by an employer and the union representing employees in the bargaining unit.
Duty of Fair Representation
The union’s obligation, as the exclusive bargaining representative of a group of employees, to represent fairly all employees in the bargaining unit in grievance handling as well as contract negotiations.
The employee organization that, as a result of certification by a labor board, has the right to be the sole collective bargaining agent of all employees in an appropriate bargaining unit.
An employee who fails to join the union that has negotiated the contract over his or her wages and working conditions, all the while benefiting from that contract.
Vacations, holidays, insurance, medical benefits, pensions and other economic benefits that are provided to employees under the union contract; these are in addition to direct wages.
A contract provision specifying that employees on the payroll before a specified time will retain certain rights and benefits even though newer employees are not entitled to these rights.
A procedure described in the contract to remedy work-related problems such as abuse of employee rights or contract violations.
A dispute resolution process whereby a neutral third party–the arbitrator– hears a grievance and makes a decision that is usually both final and binding on both parties.
A procedure used to settle matters in contract disputes between the union and management in some bargaining units covering specific occupation groups that, by statute, are prohibited from striking. These occupations are usually related to public safety (e.g., hospital workers, police, firefighters, etc.).
A reason an employer must give for any disciplinary action it takes against an employee. An employer must show just cause only if a contract requires it. Most contracts have just cause requirements which place the burden of proof for just cause on the employer. NOTE: All contracts with AT&T represented employees in this local have such a clause.
Quasi-judicial agency set up under national or state labor relations acts. Its duties include defining appropriate bargaining units, conducting elections to determine if workers want union representation, certifying unions to represent employees, and hearing and adjudicating complaints by either the union or the employer charging unfair labor practices.
A suspension of work initiated by the employer as the result of a labor dispute. A lockout is the employer counterpart of a strike. Used primarily to pressure employees to accept the employer’s terms in a new contract.
When official union time is granted to an employee by the local to perform representational functions on behalf of the union she or he is entitled to lost wages. This time is granted without charge to personal leave or loss of pay, when the employee would otherwise be in a duty status and is considered only during scheduled hours of work.
A catchall phrase used in grievance and other legal action where a remedy is sought from an employer. Often used in discharge and discipline cases where the union seeks to have a worker, who had been wrongly discharged or disciplined, returned to work and reimbursed all wages, benefits, or other conditions lost due to an employer’s unjustified action.
Where employees do not have to belong to the union or pay dues to secure or retain employment, even though there may be a collective bargaining agreement. The Union is obligated by law to represent members and non-members equally regardless of whether it is an open shop or a closed shop.
A person usually employed by a union, whose function it is to enlist the employees of a particular employer to join the union.
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.
A term addressing the idea that female-dominated jobs or professions that have been traditionally undervalued, based on levels of responsibility and required education, should be raised to pay levels of comparable jobs traditionally held by men.
The organized telephoning of large numbers of members to inform them of a union policy, political activity/action or to gather information. This is often done by volunteers who come into the union hall and telephone members during a certain time period.
Workers carrying signs and/or distributing literature protesting working conditions or actions taken by the employer. Picketing occurs during a strike or as an “informational” picket. The purpose of the tactic is to put pressure on the employer by informing the public and other workers about unfair working conditions.
Rank and File
The members of a union. This term does not apply to the leadership of a union.
Formal approval of a newly negotiated contract/agreement by vote of the union members affected.
A vote conducted by an appropriate labor board or agency to determine whether a majority of the workers in a previously established bargaining unit want to be represented by a given union.
A person who continues to work, or who accepts employment, while workers are on strike. By filling workers’ jobs, scabs may weaken or break the strike.
Preference accorded employees, based on length of service with an employer, in such areas as layoff, recall, promotion, transfer, vacation accrual, scheduling, shift assignment, etc.
A monetary assessment of non-members in a bargaining unit to help defray the union’s costs in negotiating and administering the contract (see Agency Shop).
Shop or Site Steward
The union representative of a group of fellow employees who carries out duties of the union within the workplace. Example: Handling grievances, recruiting new members and monitoring compliance with the contract. The steward usually is either elected by other union members or appointed by higher union officials. The steward usually remains an employee while handling union business. Some release time (with or without pay) may be available to stewards under specific language in many collective bargaining contracts.
A concerted act by a group of employees who withhold their labor for the purpose of affecting a change in wages, hours or working conditions.
Tentative Agreement or “TA”
If an agreement is reached in collective bargaining negotiations between the employer and the exclusive representative for a group of employees (e.g. union), it is called a Tentative Agreement or TA. because it is not put into effect until each side has ratified (or voted to approve) it. In a school district, board members typically ratify for the district and union members (generally voting rights are only extended to dues paying members of the union) vote to ratify for the union.
Unfair Labor Practice
An employer or union practice forbidden by the National Labor Relations Board, the Civil Service Reform Act (for federal workers) or state and local laws, subject to court appeal. It often involves the employer’s efforts to avoid bargaining in good faith. Other examples may include management’s failure to provide relevant information the union has requested for either bargaining or grievance handling purposes or management’s repeated failure to implement grievance settlements or arbitration awards. Some state laws may use the term “prohibited practices.”
A civil action or lawsuit brought by a discharged employee against the employer, alleging that the ter- mination violated or breached a statutory right, express public policy, or an employment contract.