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Collective Bargaining Terms

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Union Shop

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An agreement stipulating that workers must join the union within a certain time period after they are hired. This is often a feature ensured by the collective bargaining process.

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Management Rights

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Rights maintained by employers that determine their ability to manage, direct, and control their business operations. These often include decisions about product, budget, and control over personnel decisions.

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Arbitration

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A method of dispute resolution in which a neutral third party (the arbitrator) makes a binding decision to resolve a dispute, commonly used when the employer and union have a stalemate in negotiations.

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Impasse

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A situation where the parties involved in collective bargaining are unable to reach an agreement or make any further progress, potentially leading to a strike or a lockout.

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Seniority

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A system within labor agreements that gives preference to employees with longer service, particularly in decisions regarding promotions, layoffs, and other employment actions.

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Contract Bargaining

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The negotiation over the terms and conditions of employment, typically leading to the formation of a collective bargaining agreement between the union and the employer.

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Checkoff Provision

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A provision in a collective bargaining agreement where the employer agrees to deduct union dues or fees from employees' paychecks and transmit them to the union.

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Coalition Bargaining

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When multiple employers or multiple unions negotiate collectively, often used in highly integrated industries where decisions affecting one employer or union can affect all others.

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No-Strike Clause

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A clause in a collective bargaining agreement where the union agrees to forego striking during the term of the contract, often in exchange for an arbitration mechanism to resolve disputes.

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Strike

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A work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances and is often a last resort during collective bargaining after impasse.

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Grievance

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A formal complaint raised by an employee or labor union concerning an alleged violation of the labor contract or unfair working conditions that need to be addressed.

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Duty to Bargain

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The legal obligation of employers and unions to meet and negotiate at reasonable times with willingness to reach an agreement regarding wages, hours, and other terms and conditions of employment.

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Fair Representation

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The legal obligation of the union to represent all employees in a bargaining unit fairly and without discrimination, whether or not they are members of the union.

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Closed Shop

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A form of union security agreement where the employer agrees to hire only labor union members. This practice is illegal in the United States under the Taft-Hartley Act.

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Taft-Hartley Act

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Also known as the Labor Management Relations Act (1947), it placed restrictions on labor unions, including banning closed shops and permitting states to pass right-to-work laws.

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Right-to-Work Laws

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State laws in the United States that prohibit requiring union membership as a condition of employment, thereby outlawing union shops, which require employees to join the union or pay union dues.

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Collective Bargaining Agreement (CBA)

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A written agreement between an employer and a union representing the employees, which sets forth the terms and conditions of employment and the rights and obligations of the parties during the term of the agreement.

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Certification Election

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A formal process conducted by a labor relations board whereby employees in a bargaining unit vote to determine whether they wish to be represented by a particular union.

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Past Practice

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A term which refers to previous methods of operation or patterns of behavior in a workplace that may be viewed as implied components of the existing labor contract.

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Pattern Bargaining

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A bargaining strategy where a labor union or employers' association achieves a standard set of terms through collective bargaining that it seeks to apply uniformly across other negotiations.

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Good Faith Bargaining

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A requirement that the parties involved in collective bargaining communicate their demands and offers honestly and openly, avoiding misleading or deceitful behavior. It's a cornerstone for effective negotiations.

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Bargaining Unit

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A group of employees with a clear and identifiable community of interests who are represented by a single labor union in collective bargaining and dealings with management.

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Collective Bargaining

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A process of negotiation between employees and employers to establish the conditions of employment. It is a key component in labor relations, aimed at reaching agreements that regulate working salaries, working conditions, and other aspects of workers' compensation and rights.

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Shop Steward

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An employee elected by union members to represent them in ensuring that the terms of the collective bargaining agreement are enforced within the workplace.

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Interest-Based Bargaining (IBB)

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A collaborative bargaining strategy where both sides work together to resolve mutual problems and achieve a win-win outcome by focusing on their underlying interests rather than positions.

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Unfair Labor Practice (ULP)

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Actions by employers or unions that violate the rights of employees or the provisions of the labor relations act, often resulting in charges filed by the aggrieved party.

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Lockout

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Management's equivalent of a strike. It is a denial of employment initiated by the employer during a labor dispute to pressurize the union to accept a contract defined by the employer.

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Mediation

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The intervention in a dispute by a neutral third party who has no authoritative decision-making power but helps the parties come to a mutually satisfactory resolution.

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Agency Shop

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A workplace in which employees do not have to join the union as a condition of employment, but must pay union dues as if they were members to cover collective bargaining costs.

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Decertification Election

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A voting process in which workers have the opportunity to reject union representation or to select a different union to represent them in collective bargaining.

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