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Collective Bargaining Terms
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Collective Bargaining
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.
Bargaining Unit
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.
Good Faith Bargaining
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.
Management Rights
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.
Strike
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.
Lockout
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.
Grievance
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.
Arbitration
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.
Impasse
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.
Seniority
A system within labor agreements that gives preference to employees with longer service, particularly in decisions regarding promotions, layoffs, and other employment actions.
Unfair Labor Practice (ULP)
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.
Mediation
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.
No-Strike Clause
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.
Duty to Bargain
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.
Checkoff Provision
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.
Collective Bargaining Agreement (CBA)
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.
Shop Steward
An employee elected by union members to represent them in ensuring that the terms of the collective bargaining agreement are enforced within the workplace.
Right-to-Work Laws
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.
Closed Shop
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.
Union Shop
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.
Agency Shop
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.
Taft-Hartley Act
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.
Fair Representation
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.
Certification Election
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.
Decertification Election
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.
Past Practice
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.
Contract Bargaining
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.
Interest-Based Bargaining (IBB)
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.
Coalition Bargaining
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.
Pattern Bargaining
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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