A Legal Agreement That Clarifies the Terms and Conditions under Which Labor and Management

PIQUETS: The carrying of signs or the distribution of documents protesting against working conditions or measures taken by the employer. Pickets take place during a strike or in the form of an information picket. In this tactic, which aims to put pressure on the employer, union members inform the public and other workers of the conditions they consider unfair. FAIR LABOR STANDARDS ACT (FLSA): The Federal Wages Act of 1938, which established the minimum wage, maximum weekly hours, and overtime wage requirements in industries engaged in interstate commerce. The law also prohibits the work of children under the age of 16. The rights protected by section 7 include the right of workers represented by the union to have their representative present, upon request, at an interview that the employee has reasonable grounds to believe could result in disciplinary action. ECONOMIC STRIKE: A work stoppage by workers seeking economic benefits such as wages, working hours or other working conditions. This is different from a strike, which is called exclusively to protect unfair labor practices. WEINGARTEN RIGHTS: The rights of workers covered by the National Industrial Relations Act to request union representation in investigative interviews if they have reason to believe that the interview could result in disciplinary action. The “Weingarten rights” also guarantee the rights of trade union representatives to assist and advise workers in discussions that could lead to disciplinary action. ARBITRATION: Where available, a method of resolving a labour management dispute by requiring an impartial third party to hold a formal hearing, testify and make a decision. The decision is generally binding on the parties. CERTIFIED UNION: A union designated by federal or state employment agencies as the exclusive negotiator for a group of workers.

AUTHORIZATION CARD: A form voluntarily signed by an employee in which the employee proves that he or she supports union representation. Only the National Labour Relations Board and the union itself see who has signed a card. Some maps will also indicate that the employee wants an election to determine whether or not the union has the full support of the majority of workers in the bargaining unit. CONTRACT: A written agreement between the union acting as negotiator and an employer. It traditionally includes wages, hours of work, working conditions, benefits, workers` and trade unions` rights, as well as dispute and complaint resolution procedures. CAPTIVE HEARING MEETING: A term for employee meetings called by management and held at the time and ownership of the business. Typically, the purpose of these meetings is to persuade workers to vote against the union. A collective agreement (CBA) is a written legal contract between an employer and a union that represents employees.

The CBA is the result of an extensive negotiation process between the parties on issues such as wages, hours of work and working conditions. VOLUNTARY SUBJECT OF NEGOTIATIONS: subjects of negotiation which are not considered compulsory. Either party may propose a discussion on such an issue, and the other party may voluntarily negotiate on the matter. Neither party can insist on the point of deadlock in the inclusion of a voluntary subject in a contract. For example, the employer cannot legally insist on negotiating the method of selecting stewards or the method of striking vote. ACQUISITION: The length of time an employee must work to ensure that their accrued retirement benefits do not expire even after termination of employment. CHECK-OFF: Agreement whereby an employer deducts from employees` wages the amount of union dues they owe and transfers the proceeds directly to the union treasurer. MANDATORY SUBJECT OF NEGOTIATIONS: The elements included in wages, hours of work and other working conditions that an employer must negotiate. An employer cannot change a subject of mandatory bargaining without first notifying the union and giving it the opportunity to bargain. REOPENING CLAUSE: A clause in a collective agreement that provides for the resumption of negotiations on wage rates and other benefits during the term of the agreement. LUMP SUM DAMAGES: A court decision available under certain laws (Equal Pay Act) when the employer`s violation was intentional or in reckless disregard of the law or the employee`s rights thereafter. Such an arbitral award usually provides for attorneys` fees and an equal amount in addition to lost wages and benefits.

COST-OF-LIVING ADJUSTMENT (COLA): A provision in a collective agreement that adjusts wage increases to fluctuations in the cost of living over the life of the contract. COMPLAINT: Official documents issued by the National Labour Relations Board (NLRB) to begin a hearing on unfair labour practices before an administrative judge. The complaint provides the basis for the jurisdiction of the NLRB and the alleged unfair labour practice. UNION LABEL OR BUG: A stamp or label on a product or card in a store or store to show that the work is done by unionized workers. The “Bug” is the printer icon. INFORMATION PICKETS: A type of picket that is carried out with the express intention of not causing a work stoppage, but either to publish the existence of a labour dispute or information about the dispute. Charge: Written statement on alleged unfair practices. Filing a complaint with the nlRB State Labour Council is the first step in a lawsuit against unfair labour practices.

If the NLRB decides to accept the indictment, it will file a formal complaint to open a hearing on unfair labor practices. LOCK-OUT: Closure of the construction site by the employer to deter union membership or activity or to force workers to meet the employer`s requirements or economic conditions. CHANGE TO WIN (CtW): The Confederation of Unions was created in 2005 when 7 of the largest unions in the United States (including UFCW) merged, most of which split from the AFL-CIO. In 2013, UFCW joined the AFL-CIO, but continues to work with other CtW unions on strategic organizational plans. GUARDIANSHIP: Takeover of a local by an international union or by the federal government in accordance with the RICO Act. Provided for by the constitutions of most international unions, directors suspend the normal governmental process of a local union and take over the management of local assets and the management of its internal affairs. The Landrum-Griffin Act of 1959 introduced controls on the establishment and management of trustees. OVERTIME: When the RSA introduced the 40-hour week in 1938, each hour of more than forty (40) overtime hours for which an employee must be paid 50% more per hour. Note that overtime protection does not apply to all employees – the RSA exempts certain employees from overtime pay provisions. UNFAIR LABOR PRACTICES: The activities of the employer or union that are classified as “unfair” under federal or state labor relations laws.

Under the National Labour Relations Act (NLRA), unfair employer labour practices include employer threats to protected collective activities, employer domination over trade unions, discrimination against workers for collective activities, and the employer`s inability to bargain in good faith with union representatives. Unfair labour practices of unions include not representing all members of the bargaining unit, not negotiating in good faith, and conducting secondary boycotts. The Railroad Labor Act and many state public sector labor laws contain definitions of unfair labor practices that are similar to nlra definitions. Turnover: Reduction of a company`s workforce due to natural causes such as voluntary redundancies, retirements or death as opposed to redundancies. SOLIDARITY CHARTER: Agreement between Change to Win locals and AFL-CIO organizations that allow CtW unions to vote against funding. The National Labour Relations Act prohibits employers from interfering, restricting or coercing employees to exercise their rights related to the organization, establishment, membership or support of a work organization for collective bargaining, or from cooperating to improve working conditions. Similarly, workers` organizations may not restrict or compel workers to exercise these rights. RATIFICATION: Formal approval of a renegotiated agreement by vote of the trade union members concerned. REPRESENTATIVE ELECTION: A vote by a competent employment agency or agency to determine whether the majority of workers in a previously formed collective bargaining unit would like to be represented by a particular union.

SUCCESSOR EMPLOYER: An employer who has acquired an existing business and continues to operate in the same manner as the previous employer, including the use of the previous employer`s employees. WAGE JUSTICE: A term that refers to the concept that female-dominated jobs or occupations have traditionally been undervalued based on the level of responsibility and training required, and that remuneration for these jobs should be raised to the level of comparable jobs traditionally held by men. PERMANENT REPLACEMENT: Under current labor law, when employees engage in an economic strike, the employer has the right to hire a permanent replacement. If, after the end of the strike, no agreement has been reached between the union and the employer to return to work, the workers replaced during the strike will be placed on a preferred recruitment list and will have to wait for vacancies. Injunction: An order of a court or authority that compels a person to do or not to commit a certain act. Failure to comply with the terms of a court order may result in the arrest and detention of the person for contempt of court. GRIEVANCE ARBITRATION: The appointment of complaints to an impartial arbitrator for a final and binding decision. The arbitrator determines the meaning of the contract and clarifies and interprets its terms.

Arbitration, if available, is usually the final step in the appeal process.