Ability to Pay -
Employer claims during negotiations that union demands cannot be met because of financial inabilities. This criteria is a common consideration for fact finders and arbitrators.

Access -
Labor relations term for contract provision, rule, regulation or law that governs union rights to meet with employees at their work premise.

Across the Board Increase -
An equal raise given to all employees at the same time(s). Distinguished from a raise that gives different increases or rates to different employees (or groups of employees).

Agency Shop -
A union security provision that requires even non-union workers to pay dues or a fee as a condition of their continued employment. (Synonymous with Fair Share)

Agent -
A person acting in behalf of another person or organization even if they are unauthorized and even unapproved.

Agreement (Collective Bargaining) -
A written agreement between employers and employee organizations. Has contractual status with reference to the terms and conditions of employment incorporated into it. (The contractual status depends upon the legal environment that varies according to the statutes governing collective bargaining and employee rights.)

Arbitrability -
The degree to which the employer is required by the contract or by law to take particular grievances or disputed issues to arbitration.

Arbitration -
A method of settling labor-management disputes by intervention of a mutually acceptable third party to decide the issue(s).

Arbitration (Advisory) -
A system under which an arbitrator is selected to render only a recommendation for settlement. The parties are not bound to accept it.

Arbitration (Binding) -
A system under which an arbitrator is selected to render a settlement decision which is legally binding upon the parties. Tradition and statutory or constitutional authority mandates that parties must accept it.

Arbitration (Grievance) -
Arbitration of disputes that arise over the interpretation and application of an existing agreement. (Also called rights arbitration.)

Arbitration (Interest) -
Arbitration of disputes arising during contract negotiations as a result of failure of the parties to reach an agreement on new contract terms.

Arbitration Agreement (Clause) -
An arrangement or contract provision stipulating that the parties agree to submit disputes to a third party for settlement.

Arbitrator -
An impartial third party to whom disputing parties submit their differences for a decision.

Authorization Card -
A form signed by a worker that authorizes a union to represent him/her as bargaining agent for collective bargaining.

Bargaining Agent -
An organization which is the exclusive representative of all workers in a bargaining unit, both union and non-union.

Bargaining Unit -
A group of employees that the employer has recognized and/or the state administrative agency has certified as appropriate to be represented by a union for the purpose of collective bargaining.

Benefit Year -
The period of time a person must work before he meets one of the qualifications for benefit payments. This time period usually is set up by state employment compensation laws.

Bilateral Action -
The joint action of the parties through collective bargaining before final action is taken; as distinguished from "unilateral" action, where the employer makes decisions without discussion or agreement with the bargaining agent.

Boycott -
A combined effort by employees and their union to refuse to deal with an employer so they may win concessions. A primary boycott is the refusal to patronize an employer directly involved in a dispute. Secondary boycotts are those which exert pressure on employers not directly involved in a dispute in the hope that they will influence the primary employer to settle. Boycotts are employed most frequently in private sector labor relations. The Taft-Hartley Act outlawed certain types of secondary boycotts and the Landrum- Griffin Act placed additional restrictions on such activities.

Budget Submission Date -
The date by which a government's proposed budget, or a budget containing proposed expenditures applicable to such government, must be submitted to the legislature or other similar body of the government for final action. Labor negotiations typically must be completed prior to the budget submission date.

Bumping -
A practice during a layoff or reduction in the work force that allows a senior employee to displace a junior employee who works in another job or department.

Bureau of Labor Statistics (BLS) -
The Bureau with the U.S. Department of Labor which collects, analyzes, and publishes information on cost of living changes, labor force participation rates, unemployment rates, industrial disputes, and other economic data relevant to labor relations.

Business Agent -
A full-time union officer or employee of a union who handles grievances, helps enforce agreements, and performs other tasks in the day-to-day operation of a union.

Card Check -
A procedure whereby the signed authorization cards of employees are checked against a list of employees in a prospective bargaining unit to determine if an organization has majority status, or a significant "showing of interest" to hold and election. Card checks are often conducted by an outside party, such as a respected member of the community or by the administrative agency.

Caucus -
A meeting during collective bargaining negotiations when the union or employer requests a recess to discuss, by itself, a proposal or offer made by the other party or by a mediator.

Certification -
The formal determination by the state administrative agency that a particular union is the majority choice, and hence the exclusive bargaining agent, of all employees in a given bargaining unit. The determination usually follows a secret ballot election of the workers in the bargaining unit. Carries with it a ban for a set period of time on elections to choose another bargaining agent, called an election bar.

Challenged Ballot -
A vote that is questioned by one of the parties to a representation election.

Checkoff -
A union security provision, usually stipulated in the collective bargaining agreement, that allows union dues, assessments, and initiation fees to be deducted from the pay of all union members by the employer. The employer delivers the payments to the union on a scheduled basis.

Closed Shop -
A union security arrangement whereby the employer is required to hire union members only. Membership in the union is also a condition of continued employment.

Closed Union -
A union purposely makes membership in that union difficult by setting high initiation fees, limiting admission to persons completing specified apprenticeship training, setting racial and ethnic barriers, or using other methods. The intent of this tactic is to protect the job opportunities of present union members. Excessive initiation fees were forbidden in private sector labor relations by the Taft-Hartley Act in 1947.

Coalition (Coordinated) Bargaining -
A practice in which the employer deals with a number of unions or the joint or cooperative efforts by a group of unions to negotiate contracts with the employer. In coalition bargaining, the unions usually sit together at the bargaining table to negotiate one agreement or a set of identical agreements. In coordinated bargaining, the unions often negotiate simultaneously at different locations attempting to refrain from settlement until all are ready to settle on substantially the same terms.

Coercion -
Economic or other types of pressure exerted by an employer to prevent employees from freely exercising their right to self-organization and collective bargaining; intimidating by union or fellow employees to compel other workers to affiliate with a union.

Collective Bargaining -
A method of determining conditions of employment by the negotiation between representatives of the employer and union representatives of the employees. The results of the bargaining are set forth in a collective bargaining agreement.

Collective Negotiations -
Another term for collective bargaining, or the negotiation of a contract between the employer and the employees or their representatives.

Community of Interest -
A criterion often used by a group of employees who want to be represented by an employee organization to make up an appropriate bargaining unit. A community of interests exists if there is similarity of skills and duties, common supervision, common hours, wages, and working conditions.

Compensatory Time -
Time off given instead of monetary compensation. In some instances, as a consequence of the Fair Labor Standards Act (FLSA) compensatory time must be given at time-and-a-half, just as if it were "over-time."

Conceptual Agreement -
An agreement between union and management about a particular concept that cannot be implemented at the present time for some reason.

Concerted Activities -
Activities undertaken jointly by employees for the purpose of union or organization, collective bargaining, or other mutual aid or protection. Such activities frequently are "protected."

Confidential Employee -
An employee whose unrestricted access to confidential personnel files or to knowledge or information pertinent to the labor relations activity of the employer makes him/her inappropriate for membership in a labor organization. Labor relations statutes usually exclude confidential employees from the regular employee bargaining unit and often exclude them entirely from coverage in the Enabling Act.

Contract Bar -
The policy of an administrative agency, or the statute, that says an existing agreement between an employer and a union will bar a representation election sought by another union attempting to unseat the incumbent employee representative.

Contracting Out -
The use by employers of outside contractors whose employees are not covered by the same collective bargaining agreement to perform work previously performed by their own workers.

Costing Out -
The process of determining the actual money cost of a contract proposal to keep the parties aware of the total cost of the package.

Crisis Bargaining -
Collective negotiations taking place under the shadow of an imminent strike deadline.

Decertification -
The withdrawal by the administrative agency of an employee organization's official designation as exclusive representative. Usually a result of employee disaffection, it follows a decertification election.

Deferred Wage Increase -
Negotiated wage changes which do not become effective until some specified date in the future, such as a year later.

Demotion or Downgrading -
Moving an employee to a position lower in the wage scale or in rank. It may be in the form of a penalty, resulting from inefficient or careless work; or it may be voluntary, resulting from a curtailment of production and with no reflection on the employee's work.

Departmental (Or Unit) Seniority -
Seniority based upon years of service in a particular department or agency of a jurisdiction rather than the entire service time.

Disaffiliation -
The procedure whereby a local union separates from the state, national or international union of which it is a member.

Discharge -
Dismissal of an employee, usually for breaking the rules or policies of management, incompetence, or some other reason. Collective bargaining agreements usually protect employees from arbitrary or discriminatory discharge. Legal strikers are protected from discharge, although they may be replaced during a strike and regain employment rights only if vacancies open within a certain period of time.

Discharge Warning -
A notice given to a worker that his services will be terminated if he commits or continues to commit infractions or violations of rules or if he does unsatisfactory work in the future.

Dispute -
Any disagreement between an employer and the employee organization that requires resolution in one way or another.

Docking -
Deducting from the pay of a worker an amount of money equal to the penalty imposed. Employees may be docked for violating rules regarding absenteeism, tardiness, and other actions. Deductions which reduce the employee's wage below the minimum set by law may be illegal.

Eligibility List -
A list used in representation elections conducted under federal and state labor relations laws which names those employees eligible to vote.

Employee Benefits -
Non-wage items, such as vacations and medical insurance, offered to solve problems of insecurity and low morale among workers.

Employee Evaluation -
The procedure used to determine an individual's fitness, qualifications and/or performance for a particular job.

Employee Rights -
Those collective bargaining rights, usually stipulated in the Enabling Act which are given to employees. Alleged violations of these rights may be brought before the administrative agency for redress.

Equal Employment Opportunity Act of 1972 -
The act which gives the Equal Employment Opportunity Commission (EEOC) authority to sue in Federal courts when it finds reasonable cause to believe that there has been employment discrimination based on race, color, religion, sex, or national origin. In the case of public employment, the EEOC refers the matter to the United States Attorney General, who institutes the suit.

Escalator Clause -
A union contract clause that ties wage rates to the cost of living during the period of an agreement, thereby allowing wage to fluctuate with the cost of living.

Escape Period -
A period of time, normally 15 days, during which employees may resign from a union and not be obliged to pay continued membership dues under maintenance-of-membership agreements.

Exclusive Recognition -
The designation granted to an employee organization recognized or certified by the administrative agency as the representative of the employees in an appropriate bargaining unit. Exclusive recognition gives the certified organization the right to arrive at collective agreements with management that apply to all employees of the unit and prohibits the employer from negotiating with any other union.

Exclusive Representative -
The employee organization which has won the right, through a secret ballot election, by the voluntary recognition of the employer, or by an order of the administrative agency, to be the sole representation of all the employees in the appropriate bargaining unit.

Expiration Date -
The date established in a collective bargaining agreement for the agreement to terminate.

Extension of Collective Bargaining -
The provision in some contracts which sets out the conditions under which the provisions of the agreement will be extended to new members of an employer association.

Fact-Finding -
A method of impasse resolution that involves investigation of a labor-management dispute by a neutral third party. Usually the fact-finder's report is advisory, although in some jurisdictions his decision may become binding upon the parties.

Fair Labor Standards Act -
A federal statute originally passed in 1938 setting minimum hourly wages, and maximum daily and weekly work hours after which overtime rates must be paid. The Act also restricts child labor in industries engaged in interstate commerce. The original law called for a minimum of 25 cents an hour. Subsequent amendments have raised this figure and added to the categories of workers covered by the Act. Public employees were included in the Act in 1974.

Fair Share -
A fee paid to the union by members of a bargaining unit who have not joined the union.

Federal Mediation and Conciliation Service (FMCS) -
An independent federal agency created in 1947 under the Taft- Hartley Act to provide mediators for labor-management disputes in which interstate commerce is involved. In August 1973 the FMCS extended its jurisdiction to public sector disputes.

Free Rider -
The union term for a person who is working in a bargaining unit and is eligible for union membership, but does not join the union. Unions argue that free riders receive all the benefits of the union contract, yet do not financially support the organization that makes those benefits possible.

Freeze -
The fixing or stabilizing of wages, or manpower at a point desired by government during a period of emergency or war. Parties to labor agreements can also initiate a freeze by mutual consent.

Fringe Benefits -
Non-wage benefits and payments received by or credited to workers in addition to wages, vacation and holiday pay, and medical insurance are common fringe benefits.

Garnishment -
A procedure, usually resulting from court, whereby a portion of the employee's wages is deducted and paid directly to a creditor.

Goldfish Bowl Bargaining (Sunshine Bargaining) -
A procedure in which collective negotiation sessions are open to the press and the public and are constantly under the surveillance of the public eye. The theory is that if public funds are involved the negotiation process leading to an allocation of those funds should be open to public scrutiny.

Good Faith Bargaining -
The requirement that the two parties to negotiations 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.

Grievance -
A formal complaint usually lodged by an individual or union, but sometimes by management, alleging a violation of a collective bargaining contract or traditional work practices. The method of dealing with individual grievances is through a grievance procedure negotiated in the union contract.

Grievance Procedure -
A method of dealing with a complaint made by an individual or by union or management that allows the work place to continue operating without interruption. The complaint concerns an alleged violation, misinterpretation or misapplication of a contract [depending upon the language of the contract usually]. The procedure generally provides for discussions of the grievance at progressively higher levels of management authority.

Group Insurance -
A program designed to provide low-cost protection to large groups of workers through a plan, generally negotiated with an insurance company, to cover life, accident, sickness, hospitalization, and medical aid surgical benefits. The plan may be financed by the employer (non-contributory plan) or jointly by the employer and the employees (contributory).

Illegal Strike -
A strike which has been held illegal under existing law. This is a strike called in violation of a collective bargaining agreement, or in violation of a statutory prohibition on strikes, as exist in most public sector collective bargaining laws.

Immunity Clause -
A clause in a collective bargaining contract designed to protect one of the parties from suits. A typical clause would limit the party's recourse to the grievance procedure of the contract if contract violations are alleged. In the public sector, it is becoming common for contracts to contain clauses which protect management from suits arising out of union security measures of uncertain legality.

Impasse -
That point in labor-management negotiations at which either party determines that no further progress can be made toward reaching an agreement. In public sector labor relations, impasses are often resolved by the intervention of a neutral third party, such as a mediator, fact-finder, or an arbitrator.

Increment -
One of a series of wage levels in a range between the minimum salary and the maximum salary specified for a particular job classification. Increment increases are common in public employment, such as in teaching and the uniformed services, and are usually based on years of service.

Job Action -
Any concerted action by employees in the public sector to exert pressure on management during negotiations by using tactics which affect the quality and/or the quantity of their work performance; usually used where strikes are prohibited; Blue Flu, Red Flu, "Rule Book" Slowdown, a form of union intimidation.

Job Classification -
A method of arranging jobs into various categories or classes within a particular jurisdiction. The arrangement may be based on criteria such as training, experience, or skill. Job classifications lump together jobs with characteristics that are distinct enough to separate them from other classes of jobs.

Joint Bargaining -
A process by which two or more unions join forces to negotiate an agreement with a single employer.

Labor Agreement -
A collective bargaining agreement.

Labor Lobby -
The arm of a labor organization or coalition of organizations that tries to influence state or federal legislatures to enact and support labor-sponsored legislation or legislation designed to protect or assist members of their organizations and employees in general.

Labor-Management Advisory Committee -
A Tripartite committee created in 1961 by President John Kennedy with representatives from the public, labor, and management sectors. Its duties are to advise the President on labor conditions in the U.S. and on crucial labor problems. The Secretaries of Labor and Commerce alternate as chairman of the Committee each year.

Labor-Management Relations Act (Taft-Hartley Act) -
The federal statute, passed in 1947, that amended the Wagner Act of 1935. Among its important provisions are that it 1) lists unfair labor practices that unions are prohibited from engaging in, 2) prohibits the closed shop; 3) sets up time periods for notifying the Federal Mediation and Conciliation Service of impending expiration of labor agreements; 4) establishes a temporary injunction in a strike which imperils the nation's health and safety, along with specified impasse procedures; 5) authorizes the states to pass "right to work" laws; 6) prohibits union dues from being used to support political candidates in national elections.

Leapfrogging (Whipsawing) -
A practice in which one in a group of several unions dealing with the same employer refuses to settle until it receives better wages or benefits than have been settled on with the other unions.

Lockout -
The shutting down of an operation or plant by an employer in order to withhold work and wages from a group of workers. It is parallel to the strike. The strike is the union's last resort; the lockout is the employer's last resort.

Longevity Pay -
Wage adjustments based on length of service or seniority. They are frequently made at specified intervals, particularly where the adjustment is in a wage rate range, that is, where a minimum and maximum exist and where the longevity pay is adjusted periodically until the maximum rate for the job is reached. Contracts frequently spell out the procedures for automatic progression and will contain the criteria or consideration for their movements.

Maintenance of Membership -
A union security provision in a collective bargaining agreement which states that no worker has to join the union as a condition of employment, but that all workers who voluntarily join must maintain their membership for the duration of the contract as a condition of continued employment. Most maintenance of membership clauses provide for an escape period either annually or at the expiration of the agreement, when employees may withdraw from the union without penalty.

Management Clause -
A provision in the collective bargaining agreement which describes the rights, functions, and responsibilities reserved to management. The clause sets forth those activities which management can carry out without obtaining any agreement from the union.

Management Prerogatives (Management Rights) -
Certain rights that management feels are intrinsic to the ability to manage and therefore are not subject to collective bargaining. These rights are often expressly reserved to management in the management clause of the bargaining agreement or in the enabling framework. They include the right to hire, promote, suspend, or discharge employees; to direct the work of employees; and to establish policy. Provisions for management rights in public sector labor relations statutes have ruled that management doesn't have to bargain over areas reserved to it by nature.

Man-Day -
The amount of work performed by an individual in one day. It is also used in strike or work stoppage statistics dealing with man-days of idleness.

Massillon Doctrine -
The policy that governs how the AFL-CIO Internal Disputes Plan will be applied to unions in the public sector in those cases where exclusive recognition is not allowed.

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

Mediator -
An individual - either conciliator or mediator - who acts as an impartial third party to help settle labor-management disputes.

Meet and Confer -
A particular labor-management relationship set up under some state public sector labor laws which gives public employees the right to organize and make recommendations to management but gives management the right to make the ultimate decision on terms and conditions of employment.

Merit System -
A personnel system in which employees are chosen or promoted and/or paid on the basis of merit.

Minority Union -
A union which does not have exclusive bargaining rights because it has not been able to win the support of a majority of the employees in a particular unit.

Model Agreement -
A collective bargaining agreement sometimes recommended by an employee organization to its locals to serve as a standard agreement for a certain geographic area or industry.

Moonlighting -
Holding more than one job at a time, implying that the extra job is performed "by moonlight".

Multi-Employer Bargaining -
Collective bargaining that covers more than one employer in a given industry or region.

Multi-Unit Bargaining -
Collective bargaining between a union which represents many bargaining units and an employer or group of employers.

National Academy of Arbitrators -
A private organization made up of persons actively engaged in the arbitration process.

National Labor Relations Board (NLRB) -
A board created by the National Labor Relations Act (NLRA) in 1935 and continued by the Taft-Hartley Act. The Board is the administrative agency for the NLRA and its primary duties are to hold elections determining union representation and to interpret and apply the law concerning unfair labor practices.

National Right to Work Committee -
A national organization of individuals and groups which opposes "compulsory unionism" that is, the requirement - as under a union shop contract - that a worker must join a union in order to continue working.

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

Neutral -
An individual who acts conciliator, mediator, fact-finder, or arbitrator, any disinterested third party who intervenes into negotiation disputes in order to facilitate settlement.

No-Strike Clause -
A provision in a collective bargaining contract in which the union promises that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions. A union often agrees to such a clause in exchange for a grievance arbitration provision.

Nullification of Agreement -
Setting aside or abrogating the terms of an agreement. This may be accomplished by a new settlement which holds all prior agreements and understandings null and void. More frequently the claim may be made that the terms of a collective bargaining agreement have been voided or nullified by the failure of one party to perform under its terms. A labor agreement, or provision, that is contrary to statute may be nullified by the Enabling Act.

Occupational Safety & Health Act (OSHA) -
The federal law, adopted in 1970, which gives the federal government authority to prescribe and enforce safety and health standards. Originally, it did not cover public employees, but now covers most of them.

Open-End Agreement -
A collective bargaining agreement with no definite termination date. It usually establishes a definite duration during which it is binding, and provides that the contract remain in effect thereafter until one party tells the other it wants to reopen negotiations.

Package Settlement -
The total money value of a change in salaries or wages and fringe benefits agreed to in collective bargaining negotiations and usually all terms and conditions of the contract.

Parity -
A standard relationship between the wage schedules of different categories or employees. Where parity exists, a contract settlement for one group within the relationship will set the pattern for settlement with other groups.

Past Practice -
A past practice is one that has been recognized and accepted by the parties and utilized several times in the past. It is sometimes the last resort for dealing with a grievance by considering the manner in which a similar issue was resolved before the present grievance was filed. Supposedly, past practice is to be used only by arbitrators to resolve a grievance when contract language is ambiguous or contradictory, or when the contract doesn't address the matter in dispute.

Pattern Bargaining -
The practice whereby employers and employee organizations reach collective bargaining agreements similar to those reached by the leading employers and employee organizations in the same geographic area or in the same product or service market.

Permanent Arbitrator -
An arbitrator who is appointed under the terms of a collective bargaining agreement for a specified period of time to hear all grievance arbitrations during that time.

Picketing -
The patrolling of the entrance to an establishment by union members and/or supporters. The goal of picketing may be to persuade other workers to stop work, to discourage customers from patronizing the establishment, to publicize the existence of a dispute, or to prevent by force or persuasion the delivery of goods and services to the establishment. Picketing is not synonymous with striking, and public sector collective bargaining statutes which prohibit strikes do not usually prohibit picketing which does not have the effect of inducing work stoppages.

Prima Facie Evidence -
Evidence in the field of law which is considered to be sufficient on its face to establish a fact. The establishment of a prima facie case is one in which there is no room left for doubt or where it "appears on its face" that the evidence is as claimed, or that the evidence is merely undisputed by the parties.

Public Employee -
A person who works for federal, state, county, or municipal government.

Public Employee Relations Board/Commission -
A board/commission created by the particular state legislature [Florida, Public Employee Relations Act(PERA) / Public Employee Relations Commission(PERC)] to administer the state law governing collective bargaining. The board/commission is the administrative agency for the Enabling Act and its primary duties are to hold elections determining union representation and to interpret and apply the law concerning unfair labor practices.

Public Employer -
The state government and/or its various departments and agencies, as well as its political subdivisions, such as county, city, or town governments. The collective bargaining statute may define who the public employer is for purpose of negotiations, just as it usually defines the public employees who are covered by the provisions of the law.

Public Policy -
The official position on matters of national or state concern or public interest that is set forth in constitutions, and by legislative bodies, executives and courts, with regard to a particular question.

Public Sector -
Of or pertaining to that portion of the U.S. economy supported by tax dollars, i.e., federal, state and local governments.

Raiding -
One union's attempt to enroll members of another union which already has an established collective bargaining relationship. The raiding union may believe that the employees are within its rightful jurisdiction, or it may have no respect for jurisdictional lines, seeking only to enhance its own political and economic strength.

Rank and File -
Regular union members who are not officers or union officials. The term probably comes from the military designation for the rows and columns of enlisted men standing at attention.

Ratification -
Formal approval of a newly negotiated agreement by vote of the organization members who are affected. Implementation by the public employer.

Recognition -
The employer's acceptance of an employee organization as the bonafide and legitimate representative of its employees for the purposes of collective bargaining.

Refusal to Bargain -
Findings made by the administrative agency indicating that either the employer or the union has failed to bargain "in good faith" according to the requirements of the statute. The refusal to bargain may be indicated by specific actions or by the overall behavior of the union or management during the negotiating period.

Renewal Clause -
The section of a collective bargaining agreement which provides for the automatic extension of the agreement, usually on a year-to-year basis. The agreement will continue in effect until after either side says it wants to terminate the agreement or to negotiate proposed changes.

Reopener Clause -
A provision in a collective bargaining agreement which states the times and circumstances under which certain parts of the agreement, usually wages, can be re-negotiated before the agreement expires.

Representation Election -
Balloting by employees for the purpose of choosing a bargaining agent or unseating one previously recognized; sometimes used interchangeably with employee election.

Retroactive Pay -
A delayed wage payment for work already performed at a lower wage rate. Distinguished from back pay.

Right-to-Work Laws -
State laws which forbid collective bargaining agreements to contain union security clauses which call for compulsory union membership. These laws are authorized by Section 14(b) of the Taft-Hartley Act.

Ripple Effect -
The impact of a negotiated wage increase or other economic benefit upon the expectations of other employees who are not covered by that collective bargaining agreement but who work under the same employer.

"Rule Book" Slowdowns -
A job action used particularly by public sector employees, which assumes that if all employees adhere absolutely to the letter of the law and to safety and administrative rules and regulations, operations will become inefficient.

Scab -
A union term for a worker who refuses to go out on strike with his co-workers; a worker who is hired to replace a striking worker.

Scope (of Bargaining) -
The range of issues that are made bargainable by the labor relations statute, or by the agreement of the parties.

Seniority -
An employee's status in relation to other employees according to his/her length of time of employment. It may be continuous or non-continuous employment.

Seniority Clauses -
Provisions in collective bargaining agreements that align seniority (length of time employed) with an employee's job security and advancement.

Seniority List -
A list of individual workers ranked in order of seniority.

Service Fee -
Under the agency shop arrangement, a fixed amount, usually the equivalent of union dues which is agreed upon in negotiation between union and employer, paid by nonmembers of a union as a charge to defray the union's expenses in rendering services to nonmembers in the collective bargaining relationship.

Settlement Agreement -
The terms that are agreed upon by the parties to settle contract disputes and/or charges of unfair labor practices brought before an administrative agency. Such an agreement eliminates the need for a full hearing, decision, and order. Normally, to be binding, such an agreement must have the consent of the administrative agency.

Severability (Separability) Clause -
The part of a law and/or to remain in effect while other sections are declared invalid by decisions of the courts; also called savings clause. A collective bargaining agreement may incorporate a savings clause so that if part of the agreement is held to be invalid or unenforceable, the rest of the contract will remain in effect.

Showing of Interest -
The requirement that a union must demonstrate that it has support from employees in the proposed bargaining unit before a representation election will be held; usually shown in the form of signed authorization cards.

Slowdown -
A deliberate reduction of output by employees in order to bring economic pressure upon the employer without incurring the cost of a strike.

Strike -
Stopping work for the purpose of gaining concessions from the employer. Types of strikes: Wildcat strike, a spontaneously organized strike triggered by an "incident" on the job and usually of short duration, without union authorization and in violation of the contract; sympathy strike, a strike by workers not directly involved in a labor dispute taken to show sympathy with the primary strikers and to increase pressure upon the employer to settle in negotiations so the terms are favorable to the union or employees; sit-down strike, a strike during which the employees remain in the work-place, but refuse to work or allow others to do so. Unfair labor practices strike, a strike to force an employer to cease engaging in alleged unfair labor practices.

Strike Benefits -
The payment of money by the union to workers involved in a strike, usually a reduced portion of regular income and/or benefit.

Strike Fund -
Funds held by international, national, or local unions to be allocated during a strike to cover costs of strike benefits, legal fees, publicity, etc.

Strike Notice -
Any type of notice that must be filled with a state or federal agency stating that negotiations have come to an impasse and a strike is impending.

Strike Vote -
A vote taken among members of an employee organization to determine whether or not a strike should be authorized. Such a vote is usually taken during negotiations at or near the expiration of the old contract.

Super-seniority -
A position on the seniority list ahead of where the employee would be placed solely on the basis of years of continuous service. Such favorable treatment is usually reserved for union stewards.

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 recommended such action, or to adjust employee grievances, where such authority is not of a routine or clerical nature, but requires the use of independent judgment. They are either excluded from coverage under the enabling legislation (as in Wisconsin), or they are placed in separate bargaining units (as in Indiana).

Sweetheart Contract -
A collective bargaining agreement that is not the result of hard bargaining between the parties, but rather is signed by the parties in order to benefit each of them personally while avoiding true collective bargaining. The labor organization may seek only union security provisions which would guarantee it a certain income, or the labor negotiators may even get money personally from the employer.

Unfair Labor Practice -
A practice on the part of either union or management which violates the provisions set forth by state or federal labor relations statutes. Examples on the part of unions are: 1) causing an employer to discriminate against an employee on the basis of that employee's membership in a union; 2) refusing to bargain collectively with an employer; 3) interfering in an employer's exercise of rights under the statute. Examples on the part of management are: 1) controlling or interfering with unions; 2) discriminating against workers for their union support of activity; 3) retaliating against workers for complaining to the administrative agency; and 4) refusing to bargain collectively with the exclusive representative.

Union Security Clauses -
Provisions in collective bargaining agreements which are designed to protect the union as an organization by providing an uninterrupted flow of funds to the union. Examples of union security clauses are: 1) Closed shop; 2) Union shop; 3) Preferential hiring; 4) Agency shop; 5) Maintenance of membership; 6) Fair share; 7) Checkoff.

Unit Determination -
The process by which certain employees are grouped into a unit to select a single bargaining agent to represent them in collective bargaining.

Vacating An Award -
The setting aside of an arbitration award by a court. The grounds on which awards may be set aside include: influencing an arbitrator's award by corruption or fraud; failing to provide either party with a fair hearing; or exceeding one's powers as an arbitrator.

Walkout -
Used interchangeably with a strike; synonymous with a wildcat or unplanned strike.

Welfare Plans -
Benefit plans for the employees of a single employer, designed to provide disability insurance, and health and death benefits.

Whipsawing (Leapfrogging) -
The union tactic of negotiating with one employer at a time, using each negotiated gain as a pattern or base, from which to negotiate equal or better terms of settlement with the next employer.

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. Also restricts grievance arbitrator to making his decision based only on the contents of the written agreement.