LABOR RELATIONS GLOSSARY

AFL-CIO American Federation of Labor-Congress of Industrial Organizations.

A labor federation of U.S.-based unions (currently comprised of 56 unions).

Agency Fees A fee charged to a worker who refuses to join a union as a full
member but, due to a union income security clause, is still required to pay a
union as a condition of employment. To read more about union income
security clauses, go here.

Assessment An assessment is a fee charged to union members in addition

to their normal dues. While some unions may allow members to vote on
special assessments, other unions may pass assessments on their members
without a direct vote of the affected membership

Blitz A union organizing tactic where a union swarms a town or city (often
with out-of-town organizers) to conduct home visits on targeted employees.

Boycott A tactic sometimes used during a labor dispute wherein a union

attempts to get a companys customers to cease using the targeted
companys services or buying a companys products. Boycotts can have a
negative impact on both the targeted company, as well as its employees and
sometimes result in layoffs.
Bylaws A set of union rules that apply to union members at the local union
level. Typically, local union bylaws are a supplemental set of rules to the
international unions constitution. For more information on union
constitutions, go here.

Collective Bargaining Representative This term is used to describe a union or

any other person(s) or entity which negotiates with an employer over
employees wages, hours of work, or other terms and conditions of
employment. Once certified, the collective bargaining representative (i.e., a
union) represents all employees in the bargaining unit, regardless of their
individual wishes, in all matters pertaining to their employment.

Concessionary Bargaining A form of labor negotiations wherein the union

accepts (or offers), on behalf of the employees it represents, what are known
as concessions or give-backs. For employees, concessions (or give-backs)
usually translate into lower wages and/or benefits. During the period of
industrial growth in the mid-20th century, concessionary bargaining was not
a common practice. However, beginning in the 1970s through today,
concessionary bargaining has become more and more prevalent during labor
negotiations, as some unions have been willing negotiate lower wages and/or
benefits for their members, for various economic reasons or to avoid a long
and costly labor dispute.

The NLRB has affirmed that: [C]ollective bargaining is potentially hazardous for
employees and that as a result of such negotiations employees might possibly wind up with

less benefits after unionization than before (Coach & Equipment Sales Corp; 228
NLRB 441). [Emphasis added.]
Contract Upon completion of the bargaining (or negotiation) process, if an
agreement is reached, the result of the agreement (whether positive or
negative changes for employees are made, or no changes at all) is put into
the written form of a binding contract. Union contracts are binding not only
on employers, but on unions and employees as well.

Dues A fee paid to a union, usually on a monthly basis, by members to a

union. Union dues are what a union uses to run its business, to pay its
officers, union staff, their transportation, office buildings, union halls, as well
as other miscellaneous expenses.

Dues Check-Off Clause This is a union contract clause which allows a union to
collect dues or service fees from the employees it represents by having the
employer deduct that money from the paychecks of employees who
authorize it. The money taken from the employees paychecks is then sent
by the employer directly to the union.

Fees Fees are money paid by members to a union for a variety of reasons.
For example, most union swill charge initiation fees to join the union. Some
unions will charge re-initiation fees, as well as other types of fees such as
transfer fees (to transfer to another local union), withdrawal fees (to become
either an inactive member or to withdraw from the union), etcetera.
Fine (as in Union Fine) As most unions have rules and regulations that all
union members must follow to maintain membership in good standing, if a
union member violates any of the unions rules and regualtions (usually
found in a unions constitution), the member may be placed on trial by the
union and, if found guilty, may be fined money. For more on union fines,
go here.

Good-Faith Collective Bargaining Bargaining in good faith can be simply

defined as the employer and union 1) meeting at reasonable times and
places and 2) with an open mind (i.e., the intention to agree). Both unions
and employers are required by law to negotiate in good faith. This does not
mean, however, that the parties must agree. In fact, the National Labor
Relations Act specifically states that the obligation to bargain does not
compel either party to agree to a proposal or require the making of a
concession (National Labor Relations Act).

As a result of good-faith collective bargaining, employees may wind up with

higher wages and/or better benefits, the same wages and/or benefits, or
even reduced wages and/or benefits.

Indeed, the National Labor Relations Board has affirmed that: There is, of
course, no obligation on the part of an employer to contract to continue all existing benefits,

nor is it an unfair labor practice to offer reduced benefits . (Midwest Instruments, 133
NLRB NO. 115)

Hiring Hall Similar to a temporary employment agency, union hiring halls

are primarily found among unions in the construction industry. A union hiring
hall is where a union hires out its members to employers who have work.
Once the work or job assignment is completed, the union member returns to
the hiring hall, places his name on the waiting list to be sent out for other
work.
Note: A unions waiting list of unemployed members is also commonly
referred to as the bench.

Impasse At a point in negotiations, usually at the final stages, when neither

party will make further movement and no agreement has been reached,
either party may declare that an impasse has occurred.

In fact, the United States Supreme Court has stated: Indeed, as a general
matter, labor law often limits employers to four options at impasse: (1)
maintain the status quo, (2) implement their last offer, (3) lock out their
workers (and either shut down or hire temporary replacements), or (4)
negotiate separate interim agreements with the union. Brown v. Pro
Football, Inc., 518 U.S. 231

Implementation (of contract) At the point of bona fide impasse, when an

employer has made its last, best and final offer to the union, and the union
does not agree to it, the employer can legally implement (or impose) that
offer, thereby forcing terms and conditions of employment on the union
and its members.

As an example, the U.S. Court of Appeals ruled that: Where good faith
bargaining has not resolved a key issue [such as wages] and where there are
no definite plans for further efforts to break the deadlock, the [National Labor
Relations] Board is warranted, (and perhaps sometimes even required) to
make a determination that an impasse existed. And so, the court upheld an
NLRB ruling that the employer lawfully reduced wages after reaching a
bargaining impasse over wages with the union. Teamsters Local 745 v. NLRB,
US Court of Appeals, DC Circuit, 61 LRRM 2065)

Initiation Fee Money paid by a worker to a union to become a union

member. Because the majority of todays union members are mandated to
pay a union as a condition of employment (see Union Income Security
Clause), initiation fees are often in excess of $100 (and up to $1000 or more)
to join a union.

Lockout In a sometimes-used employer approach during union negotiations,

the employer may prohibit or lock out its employees from work. During a
lockout, an employer may use temporary replacement workers in place of its
locked out employees.

Management Rights This is a union contract clause stating that management

has the right to run its business without interference from the union.
Management rights provisions are negotiated into nearly all labor
agreements. They specify those areas which are under the exclusive
jurisdiction of management and normally not subject to any grievance
procedure. These areas typically include, among other things, the right to
hire, layoff, promote, establish the types of work to be performed and the
means and method for performing it, direct the workforce, establish work
rules, assign work, establish performance standards, subcontract work, and
open, close and/or move facilities. To read more about Management Rights,
go here.
Non-Right-To-Work State This is a state that allows an employer and a union
to agree to a union (income) security clause which requires employees to
pay dues (or agency fees) to a union in order to keep their jobs. If the
employee refuses to pay, the union can force the employer to fire the
employee. There are, at present, 28 Non-Right-to-Work states. For more
on Non-Right-to-Work States, go here.

Permanent Replacement Worker If a union calls a strike in order to obtain

some economic concession from the employer, such as higher wages,
shorter hours of work, or different terms or conditions of employment, the
striking employees are economic strikers. The employer is legally
permitted to hire other employees to permanently replace the strikers.

If permanent replacement workers are hired, and the union or striking

employees make an unconditional offer to return to work, the strikers who
have been replaced are not entitled to get their jobs back at that time.
Instead, they are placed on a preferential rehire list, to be hired only when an
opening occurs, if they are qualified for it.

Right-to-Work State Under the National Labor Relations Act, states are
allowed to enact right-to-work laws, which outlaw so-called union
(income) security clauses, or the requirement of an employee to pay union
dues (or agency fees) to retain his/her job. There are currently 22 Right-to-
Work States. For a listing of Right-to-Work States, go here.
Sacrificed member This is term used to describe a union member who is
sacrificed to the interests of the union. As an example, one union
constitution states: In the event that a Local, upon investigation, certifies,
and the International President finds, that a member has been discharged
because of any activity in advancement of the interests of the International
or Local or because of his refusal to disregard any law or his oath or
obligation of membership, he shall be deemed to be a sacrificed member.
[Source: Article XXV, GCIU International Constitution]

Note: The Graphic Communications International Union (GCIU) merged into

the International Brotherhood of Teamsters in January 2005

Salting Salting occurs when paid union employees or organizers, or union

members, apply for and get jobs with a targeted employer who is usually
unaware of the salts true motive, which is to unionize the employees of the
salted employer. This also occurs when the salts openly state their union
affiliation so that, if the employer refuses to consider or hire them, they or
their union can claim that they were discriminate against because of their
union status.

Status Quo A legal term which means things stay the same. While a union
and employer are negotiating for a new contract (or re-negotiating an
existing contract), all wages, hours of work, and other terms and conditions
of employment (e.g., benefits) remain the same. This means that, as a
general rule, nothing changes (for better or worse) until completion of the
bargaining process, no matter how long that process takes, whether 3
months, 6 months, a year or even longer.
Strike Usually, the refusal of unionized employees to perform work,
normally occurring when the union and employer reach an impasse in
negotiations. Often, strikes are accompanied by picketing and sometimes
violence or other misconduct.

Temporary Replacement Worker During a labor dispute (whether a strike or

lockout), an employer may hire temporary replacement workers to fill the
jobs of striking workers until the strike ends.

Union Authorization Card Typically a union authorization card is a small 3

inch X 5 inch card that look like a magazine subscription card. The union
authorization card is the unions only legitimate means of becoming a group
of employees collective-bargaining representative. To read more about
union authorization cards, go here.

Union Mole An individual who is working for and on behalf of a union and is
paid to unionize the unsuspecting employers employees. To read more
about union moles and their tactics, go here.

Union Organizer A union organizer is an individual who is hired by a union to

unionize workers. As a salesperson for a union, a union organizers sole job
is to convince workers to turn their rights over to the union. For more about
union organizers, go here.
Union Shop (or Union Income Security) Clause This is a union contract clause
that requires all employees represented by the union to pay dues or service
fees to the union in order to keep their jobs. Union security clauses are
typically very high during negotiations, and some unions will strike over
them. To read more about union (income) security clauses, go here.