AAA: American Arbitration Association – An organization whose prime function is to provide independent arbitrators to help parties to a dispute reach a decision on the outcome of the matter. The agency also promulgates rules concerning the conduct of arbitration hearings and the like.
Agency Shop/Fair Share: Provision in a collective bargaining agreement which requires that all employees in the bargaining unit who do not join the union, pay a fixed amount monthly, usually the equivalent of union dues, as a condition of employment to help defray the union’s expenses in action as bargaining agent.
Appendix: An attachment to an agreement which is part of the agreement and explains in detail a specific topic such as the salary schedule, extra-curricular pay schedule, the specifics of insurance policies, language associated with individual contracts, sample letters of nonrenewal, etc.
Arbitration: (voluntary, compulsory, advisory, interest, rights): A method of settling labor-management disputes through recourse to an impartial third party, whose decision is usually final and binding unless specified as advisory only. Interest arbitration concerns a contract negotiations dispute. Rights arbitration concerns a contractual dispute (grievance).
Arbitrator: An impartial third party to whom disputing parties submit their differences for decision (award).
Association: A group who has voluntarily joined together to conduct business which is to benefit its membership. An example is the local education association.
Association Initial Proposal: The first proposal to the opposing bargaining team which reflects the best case scenario and reaches the desired goals. An initial proposal should be developed with a specific or general pattern of possible concessions which will lead to an eventual agreement that is between the Board’s and Association’s Initial proposals and desired goals.
Association Rights: Rights granted to the association in general and not specifically to individual members thereof. Use of buildings for meetings would be an example of such a right.
Authorization Card: A statement signed by the worker authorizing the union to act as his/her representative in dealings with management as a showing of interest preceding a representation election or authorizing the company to deduction union dues from his/her pay.
Bargaining Agent: The Association designated by an appropriate government agency as the exclusive representative of all employees in the bargaining unit for purposes of collective bargaining.
Bargaining Unit: All workers within a designated unit to be covered by the negotiated contract regardless of membership in the Association.
Bargaining Unity Seniority: Seniority based on continuous service in a position within the bargaining unit beginning with the most recent date of hire in that bargaining unit.
Business Agent (Union Rep): Generally a full-time paid employee or official of a local union whose duties include day-to-day dealing with employers and workers, adjustment of grievances, enforcement of agreements, and similar activities.
Bargaining Team: The union (or management) negotiators who will actually be at the bargaining table and actively involved in the negotiations toward a contract.
Caucus: To hold a meeting of your negotiations team to make proposals/counter-proposals and decide direction you want to take.
Certified Bargaining Agent: Formal designation by a government agency, such as the National Labor Relations Agency, of the union selected by the majority of the employees in a supervised election to act as the exclusive bargaining agent for all employees in the bargaining unit.
Collective Bargaining: Method whereby representatives of the employees and employer determine the conditions of employment through direct negotiations, normally resulting in a written contract setting for the wages, hours and other conditions to be observed for a stipulated period of time. The term is also applied to association-management dealings during the term of the agreement.
Community of Interest: Used in determination of bargaining unit (see Unit Determination). All employees within proposed bargaining unit should have basic commonality such as same pay periods, similar work hours, same employer, same supervisors, same insurance, etc.
Coordinated Bargaining: A term applied when several autonomous bargaining agents/units form a loose confederation for the purpose of collective bargaining.
Cost of Living Adjustment (COLA): A provision in an agreement stipulating that wages are to be automatically increased or reduced periodically according to an index. The most common index is a consumer price index (CPI).
Counter-proposal: Contractual language developed in response to the other party’s proposal on any specific provision of the contract. Generally speaking, the proposal-counter-proposal bargaining strategy is considered classic “confrontational” bargaining. Counter-proposals are usually exchanged in a manner which narrows the gap between the District’s position and the Association’s position.
Departmental or Unit Seniority: Seniority applicable in a particular section (or department) of a work site, rather than in the entire establishment.
Dues Checkoff (Payroll Deduction): Practice whereby the employer, by agreement with the association (and upon written authorization from each employee where required by law or agreement), regularly withholds association dues from employee’s wages and transmits those funds to the association.
Duty of Fair Representation: The legal expectation embodied in most collective bargaining statutes that requires the bargaining agent to act in a prudent and assertive manner to pursue and protect the rights and benefits of all bargaining unit members. Typically, this section of the statute prohibits discrimination by the bargaining agent on any unjustified basis.
Exclusive Bargaining Rights: The right and obligation of a union designated as majority representative, to bargain collectively for all employees, including non-members in the bargaining unit.
Fact Finding: In the bargaining context, fact finding usually refers to a segment of some impasse or deadlock resolution process. Usually during the fact finding phase of bargaining impasse or dispute resolution, the parties clarify their bargaining position or proposal and present data supportive of their position(s). Data used in this process usually includes comparable data from other similar size and type employers and is used by each party to buttress their respective positions.
Fringe Benefits: Generally, supplements to wages received by workers. Term encompasses a host of conditions such as paid vacations, pensions, health and insurance plans, etc.
Full Time Equivalent (FTE): In bargaining terms, the concept of FTE refers to the number of employees within the bargaining unit of some subset of the bargaining unit. This concept could include full and part time employees, temporary or substitute personnel depending on the terms of the recognized unit, who when combined, make up full time employment. Example: 7 full time employees plus 4 half-time employees = 9 FTE’s.
Grievance: Any complaint or expressed dissatisfaction by an employee in conjunction with job, pay, or other aspects of his/her employment. Whether it is formally recognized and handled as a “grievance” depends on the scope of the grievance.
Grievance Procedure: Typically a formal plan, specified in the agreement, which provides a channel for the adjustment of grievances through discussions at progressively higher levels of authority in the company and 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 union to represent the workers.
Grievance Mediation: The practice of using a third party (usually not affiliated with the grievant or employer in any way) to resolve a grievance or problem.
Ground Rules: A basic principle of action in a given situation.
Impasse: Impasse is declared when one or both parties to the negotiations determine that no further counter-proposal is possible and they are unable to reach tentative agreement on the issue or contract.
Impasse Resolution: A process outlined in statuette or contract or as mutually agreed upon which is designed to bring about resolution of a bargaining impasse. Usually involves mediation, fact finding and/or arbitration.
Increments (Steps): Increment or steps are generally defined as the value of some defined period of experience (usually one [1] academic year).
Intangible Issue (in bargaining): Issues which have effect on the process – usually unrelated to contract issues, but which impede and delay settlement (i.e., hostile personal relationship between chief spokespersons.)
Just Cause: Good or fair reason for discipline. The term is commonly used in agreement provisions safeguarding workers from unjustified discharge or harsh punishment. When defined in agreements, it usually includes such offenses as insubordination, fighting, chronic misbehavior, etc.
Layoff (RIF – Reduction in Force): Involuntary separation from employment for a temporary or indefinite period, without prejudice, that is resulting from no fault of the workers. Although “layoff” usually implies eventual recall, or at least an intent to recall workers to their jobs. The term is occasionally used for separations plainly signifying permanent loss of jobs, as in plant shut down.
Maintenance of Standards: The bargaining principle, usually memorialized in a specific provision within the contract, that during the term of a contract no conditions or benefits enjoyed by the employees shall be diminished in any way. A second, is that the provisions of an expired contract will remain in force at the same standard until a successor agreement is completed.
Management Rights: As used in labor-management relationships, the term is applied to the rights reserved to management, which may be specifically noted as such in collective bargaining agreement, or which may be granted to management in the absence of specific instructions.
Master Contract or Master Agreement: The document which represents the final outcome of the bargaining process. This document is developed through the bargaining, tentative agreement and ratification process and is in force for a specified period of time until specific articles are excepted. At minimum, most contracts address: terms and conditions of employment; hours; wages; benefits; dispute resolution including bargaining dispute and grievance procedures; unit definition; and extra duty compensation.
Mediation: The use of an outside agent such as a representative of the Federal Mediation and Conciliation Service, National Labor Relations Board, State Public Employee Relations Board or some other mutually agreeable person or panel in an attempt to expedite bargaining or to resolve an impasse situation. Some bargaining statues make this process voluntary and others require mediation prior to any other action.
Memorandum of Understanding: A written document existing between the bargaining agent and the employer wherein certain items are agreed to by the parties but those items are not generally incorporated into the master agreement. The Memorandum of Understanding may be enforceable through the grievance procedure in the master contract unless specifically excluded.
Site-Based or District-Wide Seniority: Seniority applicable throughout the building or district.
Prohibited Labor Practice: An action taken by either an employer or an employee group which violates the guarantees which employers and employees have under law. An example would be for an employer to attempt to intimidate an employee. Another example would be for a union to attempt to intimidate a management representative of the employer.
Proposal: A course of action put forward for consideration.
Qualified Seniority: Other factors, such as ability, education or training considered with length of service.
Ratification: The process of bargaining unit and/or District approval of the tentative agreement(s) reached by the negotiation teams. The most common ratification procedure for association bargaining units is a vote by eligible bargaining unit members. Usually school boards ratify by vote of the board members in a regular or special school board meeting.
Reduction in Force (RIF): A reduction in the working force or hours of employees. (See “Layoff”.)
Re-opener Clause: A stipulation within a multi-year contract which provides, and allows for negotiations to be periodically reopened on some few, and specifically stated items or provisions.
Representational Election: Election conducted to determine by a majority vote of the employees in an appropriate unit (see bargaining unit) which, if any, union is desired as their exclusive representative. These elections are usually conducted by the National Labor Relations Board or in the public sector by the appropriate state regulatory agency or some group considered to be “neutral” in the election.
Salary/Wage Schedule: The contract provision which defines the compensation of the members of the collective bargaining unit. Salary/wage schedules may address different concepts: simple index or compound index, training, experience, or hourly rate based upon classification and years of service.
Salary Supplements: Supplements are one name for compensation paid to employees for duties which are above the standard salary/wage schedule and represent compensation for “extra” duty, duties, or responsibilities which are beyond those of the basic contract of employment.
Seniority: A concept used in determining the sequence of certain rights or consequences among bargaining unit members. Usually refers to the time between initial or effective date of hire and the date of the employer’s action. Seniority frequently is an important element in determining promotions, extra duty assignments, order of layoff, and order of recall.
Sidebar: In bargaining terms, the sidebar is a conversation or exchange of information and/or proposals which occurs away from the bargaining table. The intent of such information exchange is most often to attempt to narrow the issues between the parties or to float and “idea” before making a formal presentation at the table.
Stipulation: A written agreement between parties covering a part of the master agreement. Usually used as part of a final offer where all tentative agreements are listed. Also a statement orally or in writing between the parties which indicates agreement on a specific issue or set of facts in a rights arbitration case.
Straight Seniority: Seniority determined solely by length of employment service.
Strike: Action by bargaining unit members to withhold their services in an attempt to bring about a resolution to some bargaining situation (impasse, bad faith bargaining, etc.) or in some situation as a result of an alleged volition of the contract or unfair labor practice.
Tangible Issue (in bargaining): Substantive issue related to matters on the table being negotiated. Tangible issues can be placed in writing.
Tentative Agreement (TA): An interim agreement reached on a specific issue which is subject to change depending upon agreement of the final negotiated package.
Training and Experience Grid (TRG): (Scatter gram, Matrix) The TEG outlines the number of employees who are paid in each cell of the salary schedule. The TEG generally provides years of services and educational training information at a minimum and may include such items as “in-field” and “out-of-field” designations for advanced training or degrees.
Unfair Labor Practice: Action by either employer or union which violates the provisions of National or State Labor Relations Acts, such as refusal to bargain in good faith.
Unit Clarification/Modification: An examination of the membership of an existing unit by a state or federal agency to determine whether or not all members in the unit have an appropriate community of interest. Occasionally used to expand the bargaining unit or remove certain classifications from the bargaining unit.
Unit Determination: A process used by national and state agencies to determine whether all members in the proposed unit have an appropriate community of interest.
Wage Escalation: Provision in an agreement stipulating that wages are to be automatically increased or reduced periodically according to a formula related to changes in the cost of living, as measured by a “designated index”, or occasionally, to another standard (e.g., an average earnings figure). Term may also apply to any tie between the employee benefit and the cost of living, as in a pension plan.
Work Action: Any concerted or “self help” activity undertaken by the bargaining unit or individual unit members which is designed to change or intensify the bargaining relationship. This may included strikes, work to rule actions, public demonstrations, sick-out, or other similar employee actions.
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