Click on the first letter of the term you wish to find. At the beginning and/or end of each lettered section you will find an option that brings you back to this menu, you may make another selection or scroll at your convenience.

A

Absenteeism:

Failure of worker to report to work when scheduled.

Accretion: 

Accretion refers to the addition, without an election, of a group of employees to an existing bargaining unit. 

Administrative Law Judge:

An individual, who under the aegis of the Federal Labor Relations Authority, hears and makes decisions in unfair labor practice cases and other matters as may be assigned.

Advance Notice:

In general, an announcement of an intention to carry out a certain action, given to an affected or interested party in sufficient time to prepare for the action.

Adverse Action:

An official personnel action, usually taken for disciplinary reasons, which adversely affects an employee and is of a severity such as suspension for more than 14 days, reduction in grade or status, or removal. For most Federal employees, an appeal system established by statute exists and the employee may choose to use the statutory procedure or, if coverage under the contract permits, the negotiated procedure, but not both.

Affected by issues raised: 

This phrase is used in representation proceedings and refers to any party and other labor organizations, or agencies, or activities that have a connection to employees affected by, or questions presented in, a proceeding. 

Generally, after a petition is filed, the Regional Director will notify any labor organization, agency or activity that the parties have identified as being affected by issues raised by the petition, that a petition has been filed with the Regional Director. The Regional Director will also make reasonable efforts to identify and notify any other party affected by the issues raised in the petition. 

Agency:

For labor relations purposes, agency refers to any executive agency, the Veterans Canteen Service, Department of Veterans Affairs, Library of Congress, and Government Printing Office, but is not to include the General Accounting Office, Federal Bureau of Investigation, Central Intelligence Agency, National Security Agency, Tennessee Valley Authority, Federal Labor Relations Authority, or Federal Service Impasses Panel.

Agency Administrative Grievance System:

In the federal Government, a systematic agency procedure for the resolution of grievances from employees who are not members of a bargaining unit. 

Agreement:  See Collective Bargaining Agreement. 

American Arbitration Association (AAA): 

A private nonprofit organization established to aid professional arbitrators in their work through legal and technical services, and to promote arbitration as a method of settling commercial and labor disputes. The AAA provides lists of qualified arbitrators to labor organizations and employers on request.

American Federation of Labor (AFL):

National Federation of autonomous trade unions formally organized in 1886, although tracing its origin to 1881. Merged with Congress of Industrial Organizations (CIO) in December 1955, and ceased to exist at that time as a separate organization.     

American Federation of Labor-Congress of Industrial Organizations (AFL-CIO):

A federation of approximately 130 autonomous national and international unions created by the merger of the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO) in December 1955. More than 80 percent of union members in the United States are members of unions affiliated with the AF-CIO. The initials AFL-CIO after the name of a union indicate that the union is an affiliate.

Apprentice:

An individual who enters into an agreement to learn a skilled trade and to achieve a journeyman status through supervises training and experience, usually for a specified period of time. 

Appropriate Unit: 

7112(a) of the Statute states: "The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the agency involved." (Underlining added) (See also 2421.14 of the FLRA's Rules and Regulations.) 

Arbitration:

Method of settling employment disputes through resource to an impartial third party whose decision is usually final and binding.

Arbitrator:

An impartial third party whom disputing parties submits their differences for decision (award). An ad hoc arbitrator is one selected to act in a specific case or a limited group of cases. A permanent arbitrator is one selected to serve for the life of the agreement or a stipulated term, hearing all disputes that arise during this period.

Arbitrability:

Refers to whether a given issue is subject to arbitration under the negotiated agreement.

Assessment:

Special charge levied by a union on its members to meet financial needs not covered by regular dues.

Assistant Secretary of Labor for Labor-Management Relations (A/SLMR):

An individual in the U.S. Department of Labor responsible for making known and administering standards of conduct for labor organizations.

Attrition Arrangement:

A process of relying on voluntary quits, deaths, and retirements to reduce an employer's labor force instead of resorting to dismissal of workers.

Authority:  See Federal Labor Relations Authority.

Authorization Card:

A statement signed by an employee authorizing a labor organization to act as his representative in dealing with the employer, or authorizing the employer to deduct labor organization dues from the employee's pay.

Award:

In labor-management arbitration, the final decision of an arbitrator, binding on both parties.

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B

Back Pay: 

Pay awarded an employee for compensation lost due to an unjustified management action.

Bargaining:  See Collective Bargaining.

Bargaining Rights: 

Legally recognized right of the labor organization to represent employees in negotiations with employers.

Bargaining Unit:

The purpose of the secret ballot election is to determine whether the employees in an appropriate unit wish to be represented by a Labor organization "for the purpose of collective bargaining." If the labor organization wins the election, the FLRA issues a certification naming the labor organization as the exclusive representative. Then, the agency automatically accords the labor organization exclusive recognition. As the exclusive representative, the labor organization is entitled to bargain collectively for the employees in the unit. These employees now make UP the bargaining unit. 

Base Rate:

Amount of pay for work performed during a unit of time-hour, day, week, month or year-exclusive of overtime or incentive earnings.

Bilateralism:

A system whereby the parties in an employee-management relationship have a voice in the determination of personnel policies, practices, and other matters affecting their working conditions. The employee’s views are expressed through their elected representative, the labor organization, in the collective bargaining process.

Binding Arbitration:

Method of settling employment disputes through recourse to an impartial third party (an arbitrator). The arbitrator’s decision is usually final and binding. (In the Federal Government binding arbitration is required as the final step in a negotiated grievance procedure. It may also be used to settle impasses if its use is approved by the Federal Labor Relations Authority.)

Blue-Collar Workers:

Term for workers, usually those employed in trades and labor occupations, which are paid by the hour. Similar to Federal Wage System Employees.

Boiler Plate Language:

Standardized or frequently used contract language.

Boycott:

Effort by a labor organization usually in collaboration with other organizations, to discourage the purchase, handling, or use of products of an employer with whom the labor organization is in dispute.

Bumping (Rolling): 

Practice that allows a senior employee (in seniority ranking or length of service) to displace a junior employee in another job or department during a layoff or reduction in force. See Seniority.

Business Agent:

Generally, a local union’s full-time paid employee or official whose duties include day-to-day dealing with employers and workers, adjustment of grievances, enforcement of agreements, and similar activities. See International Representative.

Bylaws:

Provisions, which supplement charters or constitutions of unions or other organizations, and set forth the rules for the organization.

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C

Carve out:

Establishing a separate bargaining unit employees who previously were included in a larger unit. Generally, this practice is prohibited whenever an ongoing effective and productive relationship between the already established larger unit and management are found to exist.

Certification: 

The determination by the Authority, its agents or representatives, of the results of an election, or the results of a petition to consolidate existing exclusively recognized units. (See section 2421.13 of the FLRA's Rules and Regulations.) 

Most common usage: A Certification of Representative is issued to a labor organization that has been selected by a majority of employees in an Agency or Activity in an appropriate unit to act as the exclusive representative for all employees in the unit. Once a certification is issued, an Agency or Activity shall accord exclusive recognition to the labor organization for the purpose of collective bargaining. 

Certification Bar:

From the date of the certification of a union as the exclusive representative, a 1-year period during which that union cannot be challenged by another labor organization. This bar protects a union from challenge in the absence of a negotiated agreement.

Chief Steward:

Assists and guides shop stewards with their union duties and is often the union representative in the grievance procedure after a grievance goes beyond the first level.

Civil Service Reform Act of 1978 (CSRA):

Legislation enacted in October 1978 for the purpose of reforming and upgrading the Federal Civil Service system and improving efficiency and quality of public service. The CSRA gave to management the tools and flexibilities it needed to improve operations. The new law also guaranteed protection of the basic rights of Federal employees. In the labor-management relations area, CSRA was important because it gave Federal employees legal basis for their right to organize, bargain collectively, and participate through labor unions in decisions which affect their working conditions.

Classification Act Employees:

Federal Government employees, typically professional, administrative, technical, and clerical employees whose salary rates and certain other conditions of employment are determined by the Congress. These employees are known as General Schedule employees, as distinguished from Federal Wage System employees.

Cleanup Time:

Paid time allowed for workers to clean their work places or tools or to wash up before leaving the plant at the close of the workday or for lunch.

Clothing Allowance:

Monetary allowance for clothing and/or its upkeep, granted by an employer to employees required to wear special clothing in the performance of their work.

Collective Bargaining (Collective Negotiations, Negotiations, Negotiation of Agreement): 

The performance of the mutual obligations of the employer and the exclusive representative to meet at reasonable times, to consult with respect to terms and conditions of employment. This obligation does not compel either party to agree to proposals or make concessions.

Collective Bargaining Agreement (Agreement, Contract, Bargaining Contract, Negotiated Agreement): 

A written agreement between employer (or an association of employers) and a labor organization (or organizations), usually for a definite term. Defining conditions of employment, rights of employees and labor organizations, and procedures to be followed in settling disputes or handling issues that arise during the life of the agreement.

Compelling Need: 

In the Federal Government, a basis upon which rules or regulations issued by an agency or a primary national subdivision of an agency may serve as a bar to negotiations with a labor organization. A labor organization may challenge the agency’s interpretation of compelling need before the Federal Relations Authority (FLRA). In its regulations, FLRA prescribes illustrative criteria for determining compelling need.

Confidential Employee:

An employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations.

Conditions of Employment (Working Conditions): 

In the Federal sector, this term means personnel policies, practices and matters whether established rule, regulation or otherwise, affecting working conditions. It does not include policies, practices and matters relating to prohibited political activities, to the classification of any position, or to the extent the matters are specifically provided for by Federal statue.

Conflict of interest:

In labor-management relations, this term usually refers to actions or positions of management officials (managers and supervisors), which could cause or appear to cause a lessening of loyalty to management’s interest due to involvement in the leadership or management of labor organization.

Consolidation:

A procedure to combine existing bargaining units into one or more larger appropriate bargaining units.

Consolidated Unit: 

Section 7112(d) permits an agency and a labor organization to consolidate units for which the labor organization holds exclusive recognition. 

Consultation:

An obligation on the part of employers to consult the labor organization on particular issues before taking action on them. In the Federal Government consultation refers only to the duty owed by agencies to labor organizations, which have been accorded national consultation rights. That duty involves informing the union time to present its views and recommendations, considering those views and recommendations, and giving the union written reasons for the final action.

Continuous Bargaining Committees (Interim Committees):

Committees established by management and union in a collective bargaining relationship to keep the agreement under constant review, and to discuss possible contract changes, long in advance of the contract expiration date.

Contract Bar:

A denial of a request for a representation election because of an existing negotiated agreement. In the Federal Government, the Federal Labor Relations Authority will not authorize a representation election if a written agreement already exists and is binding upon the parties. Note, however, that the contract bar does not prevent a union from filing a request for election during the appropriate open period, that is the period between 105 and 60 days prior to expiration of a contract. 

Contracting Out:

Practice of having certain work functions performed by outside contractor, using their own work forces.

Controlling Agreement:

A collective bargaining agreement, which governs the terms of any agreements subordinate to it. See National Agreement.

Credited Service:

Years of employment counted for seniority.

Cross-Unit Representation: 

An employee is not entitled under the Statute to cross unit lines to represent an employee in another bargaining unit unless the union and the agency have negotiated provisions to allow such cross-unit representation. 

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D

Decertification:

FLRA withdrawal of a labor organization’s recognition as an exclusive representative. An agency or the employees in the bargaining unit can initiate request for decertification.

Disaffiliation:

Withdrawal of a local union from its national or international union membership or withdrawal of a national or international union from it Federal membership.

Disciplinary Actions:

Management-initiated actions designed to correct errant employee behavior.

Dispute:

Any disagreement between an employer and a labor organization requiring resolution; for example, the inability to agree on contract terms or grievances. 

Downgrading (Demotion, reduction In Grade): 

Assignment of workers to task or jobs with lower rates of pay.

Dues Allotment (Dues Withholding, Dues Check-Off):

Practice whereby the employer, by an agreement with the union (and upon written authorization from the employee where required by law or agreement), regularly withholds union dues from employees’ wages and transmits these funds to the union. In the Federal Government dues allotment occurs without charge to the employee or the union.

Duration Clause:

A clause in a collective bargaining agreement, which specifies the time period in which the agreement is in effect. There may be separate duration clauses for specific provisions in the contract. Duration clauses may provide for automatic termination on a certain date, or automatic renewal for a specified period of time.

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E

Election Agreement:

A document agreed to by agency management and the labor organizations competing for exclusive recognition which states the conditions and procedures under which campaigning or electioneering will be conducted: provisions for election observers, date and hours of election, challenge ballot procedures, mail balloting, position on the ballot, payroll period for voter eligibility, etc.

Election Bar:

A 1-year period following a representation election in which there can be no other elections to challenge an exclusive representative status. Even if the election fails to result in the selection of an exclusive representative, the 1-year bar stands and there can be no other election held in the same unit. This bar allows a period of stability for the parties involved (employees, management, and the labor organization). 

Eligibility Issues: 

Issues related to the eligibility of employees to be in the bargaining unit.

Employee:

An individual employed in an agency, or an individual (under specific conditions) whose employment in an agency has ceased because of an unfair labor practice. Refer to 7103(a)(2) of Title VII for specific conditions and exclusions. 

End Run:

Going outside of or bypassing the stipulated levels in processing a grievance under the negotiated procedure.

Environmental Pay:

A differential added to the base pay of an employee for working under hazardous or environmental conditions.

Exclusive Representative: 

7103(a)(16) of the Statute defines an "exclusive representative" as any labor organization which: 

A. Is certified as the exclusive representative of employees in an appropriate unit pursuant to section 7111 of this title; or 

B. Was recognized by an agency immediately before the effective date of this chapter as the exclusive representative of employees in an appropriate unit-

• On the basis of an election; or                    
• On any basis other than an election, and continues to be so recognized in accordance with the provisions of this chapter; 

Executive Order 10988:

Issued in 1962 by President Kennedy, setting the framework for collective bargaining in Federal Government. The Order defined the scope of participation by unions in determining personnel policies and working conditions not established by statue. Executive Order 10988 was superseded by Executive Order 11491 in October 1969.

Executive Order 11491 (As Amended): 

Issued in 1969 by President Nixon, setting forth the parameters and general guidelines for bilateralism in the Federal Labor Relations program. It established administrative bodies to carry out the Order and also provided for unfair labor practice procedures; recognition of labor organizations; and standards of conduct for labor organizations before the effective date of Title VII.

Expiration Date:

Formal termination date established in a collective bargaining agreement or the earliest date at which the agreement may be terminated.

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F

Fact-Finding Board:

A group of individuals appointed to investigate, assemble, and report the facts in an employment dispute, sometimes with authority to make recommendations for settlement.

Federal Labor Relations Authority (FLRA): 

An administrative body empowered by Title VII of the Civil Service Reform Act of 1978 to provide leadership in Federal service labor-management relation matters by establishing policies and guidance.

Federal Mediation and Conciliation Service (FMCS):

An independent Federal agency which provides mediators to assist the parties involved in negotiations, or in a labor dispute, in reaching a settlement; provides lists of suitable arbitrators on request; and engages in various types of “preventive mediation.”

Federal Service Impasses Panel (FSIP):

Organizational entity within the FLRA, which resolves bargaining impasses in the Federal service. The Panel may recommend procedures, including arbitration, for the settling of impasses or it may direct settlement of the impasse itself.

Federal Wage System:

Wage system for Federal employees in trades and labor occupations. The system provides common policies, practices, and job grading standards for uniform application by all executive departments and agencies in fixing pay. Pay is fixed as nearly as is consistent with the public interest in accordance with prevailing rates.

Formal Discussion:

Discussions between an agency representative(s) and a bargaining unit employee(s) or the employee’s representative(s), on an employee’s grievance, or personnel practice or policy, or other condition of employment which affects bargaining unit employees. The union has the right to be present at these discussions. 

Fragmentation:

A team applied to the practice of splitting an installation’s work force into several small bargaining units rather than striving for a limited number of larger units. This can have the effect of whipsawing management. See whipsawing.

Fringe Benefits:

Generally, supplements to wages or salaries received by employees at a cost to employers. The term encompasses a host of practices (paid vacations, pensions, health and insurance plans, etc.). No agreement prevails as to the list of practices that should be called fringe benefits. Other terms often substituted for fringe benefits include wage extras, hidden payroll, non-wage labor costs, and supplementary wage practices. The Bureau of Labor Statistics uses the phrase “selected supplementary compensation or remuneration practices,” which is then defined for survey purposes.

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G

Gag Rules:

Refers to any instructions, order, or laws prohibiting someone from discussing or advocating something. In an effort to stem union-related activities, presidential executive orders in the late 1800’s and early 1900’s prohibited Federal employees from lobbying Congress for wage increases and improved working conditions. 

General Counsel:

An individual appointed by the President, to the FLRA. The General Counsel is responsible for investigating unfair labor practice (ULP) allegations, filing and prosecuting ULP complaints and exercising other powers prescribed by the FLRA.

Good Faith Bargaining: 

Defined by law as the obligation to approach negotiations with a sincere resolve to reach a collective bargaining agreement: to be represented by properly authorized representatives who are prepared to discuss and negotiate; to meet at reasonable times and convenient places as frequently as necessary; to avoid unnecessary delays in negotiations; and in the case of the agency, to furnish insofar as possible information requested by the union.

Grievance:

Any complaint by any employee or by any labor organization relating to the employment of the employee(s). Also any complaint concerning the effect or interpretation or claim of breach of a collective bargaining agreement; or any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment. Whether a complaint is formally recognized and handled as a grievance depends on whether the subject of the complaint is covered under the grievance procedure.

Grievance Procedure:

A systematic procedure for resolution of grievances, which usually provides for processing at successive levels of the employer’s organization. See Agency Administrative Grievance Procedures and Negotiated Grievance Procedures.

Grievance Steps:

The steps in a grievance procedure by which a grievance moves from one level of authority in the company and union to the next higher level. The steps are usually specified in the agreement.

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I

Impasse (Deadlock, Stalemate):  

A situation in which the parties are unable to reach agreement on negotiable matters. 

Industrial Union (Vertical Union): 

A union that represents all or most of the production, maintenance, and related workers, both skilled and unskilled, in an industry or company.  Industrial unions may also include office, sales, and technical employees of the same companies. 

Injunction:

Court order restraining one or more persons, corporations, or unions from performing or not performing some act that the court believes would result in irreparable injury to property or the rights of others.

Interests:

One party’s concern, need, or desire behind an issue; why the issue is being raised.

International Representative (National Representative, Field Representative):

Generally, a full-time employee of a national or international union whose duties include assisting in the formation of local unions, dealings with affiliated local unions, dealings with affiliated local unions on union business, assisting in negotiations and grievance settlements, settling disputes within and between locals, etc.

International Union:

A union claiming jurisdiction both within and outside the United States (usually Canada).  Sometimes the term is loosely applied to all national unions; that is, “international” and “national” are used interchangeably.

Intervention/ Intervener:

The action taken by a competing labor organization (intervener) to place itself as a contender on the ballot for a recognition election originally initiated by another union (petitioner). Interveners must produce a 10 percent showing of interest to be included on the ballot. Intervener may also refer to a party in a proceeding whose intervention has been permitted or directed by the Federal Labor Relations Authority.

Investigatory Examination:

An examination conducted by an agency representative in which an employee is questioned as part of an inquiry to get facts. 

Issue:

A subject of discussion or negotiation in bargaining; the what; the problem to be solved.

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J

Job Posting:

Listing of available jobs, usually on a bulletin board.

Joint Bargaining:

Process in which two or more unions join together to negotiate an agreement with a single employer.

Jurisdictional Dispute: 

Conflict between two or more labor organizations over the organization of a particular establishment or whether a certain type of work should be performed by members of one organization or another. A jurisdictional strike is a work stoppage resulting from a jurisdictional dispute.

Just Cause:

Good or fair reasons to take some action.

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L

Labor Force:

In census terms, all persons age 14 or over, employed or unemployed or unemployed (but looking for work). Term is often used to designate total employment of a particular company or industry.

Labor Organization (Union):

An organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose the dealing with an agency concerning grievances and conditions of employment. 

Level of Recognition: 

Establishes the level at which bargaining must take place. It is one of the factors in determining appropriateness of the unit. 

Living Document:

This term expresses the belief that terms of an agreement, particularly a long-term agreement, should be subject to review and renegotiated by the parties if conditions change or unforeseen events come about, despite the absence of a reopening clause. 

Local Union (Local, Chapter):

Labor organization representing a bargaining unit located in a particular area or establishment (work place) in order to gain concessions from or resist demands of employees.

Long-Term Contract:

Generally, a collective bargaining agreement with a duration of 2 or 3 years or longer, as distinguished from a 1-year contract.

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M

Management: 

Broad term used to define any individual who represents the agency in an official capacity, most commonly, supervisors and managers.

Management Officials (Managers):

In the Federal service, means an individual in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency.

Management Rights:

The right of management to make day-to-day personal decisions and to direct the work force without notification to or consultation with the exclusive representative. Usually “management rights” refers to a specific list of management authorities that are not subject to collective bargaining. 

Manning Table:

A listing of the positions or number of workers to be used in the operation of a particular machine or process.

Master Agreement:

A single or uniform collective agreement covering a number of installations of a single employer or the members of an employers’ association. See Multi-Employer Bargaining.

Mediation:

A procedure by which an impartial third party (a mediator) is used to settle disputes. The mediator assists in resolving the dispute by attempting to find a solution satisfactory to both parties in a dispute but renders no binding decisions. In the Federal Government, mediation is required before impasses can be referred to the Federal Service Impasses Panel. 

Multi-Employer Bargaining:

Collective bargaining between a union or unions and a group of employers, usually represented by an employer association and resulting in a uniform or master agreement.

Multi-Unit Bargaining: 

Multi-unit bargaining occurs when an agency and a labor organization that is the exclusive representative for more than one unit in that agency agree to negotiate one collective bargaining agreement to cover employees in all of the units. 

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N

National Agreement:

An agreement made at the agency headquarters levels between the agency and a union chosen to represent its employees. It governs the extent to which supplementation by local agreements is permitted.

National Consultation Rights:

In the Federal Government, a union that has exclusive recognition on an agency-wide basis, or is the exclusive representative of a substantial number of agency employees is granted consultation right. To fulfill these rights, the agency must inform the union of substantive changes in conditions of employment, give the union time to present its views and recommendations, consider those views and recommendations, and give the union written reasons for the final action.

Nation Labor Relations Act of 1935 (Wagner Act):

Federal legislation guaranteeing employees the right to organize and bargain collectively through representatives of their own choosing. The Act also defined “unfair labor practices” as regards employers. It was amended by the Labor-Management Relations Act of 1947 and the Labor-Management Reporting and Disclosure Act of 1959.

National Labor Relations Board (NLRB):

Agency created by the National Labor Relations Act (1935) and continued through subsequent amendments. The functions of the NLRB are to define appropriate bargaining units, to hold elections to determine whether a majority of workers wants to be represented by a specific union or no union, to certify unions to represent employees, to interpret and apply the Act’s provisions prohibiting certain employer and union unfair practices, and otherwise to administer the provisions of the Act. NLRB’s counterpart in the Federal sector is the Federal Labor Relations Authority.

National Union: 

Ordinarily, a union composed of a number of affiliated local unions. The Bureau of Labor Statistics in its union directory defines a national union as one with agreements with different employers in more than one state, or an affiliate of the AFL-CIO, or a national organization of employees.

Negotiability:

Negotiability refers to whether a given topic is subject to bargaining between the agency and the union. The Federal Labor Relations Authority makes final decisions on whether a subject is negotiable.

Negotiation:

The process of offers and counter-offers on a proposal to reach a mutual agreement.

Negotiated Grievance Procedure:

A systematic procedure agreed to by the negotiating parties for the resolution of grievances. The negotiated grievance procedure is applicable only to employees in the bargaining unit.

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O

Objection to Election: 

A formal complaint filed with FLRA contesting election results because of alleged irregularities on the conduct of a representation election or the preceding campaign activities. If the objection is sustained, the election results could be set aside.

Official Time: 

7131 (a) of the Statute states: "Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes." 

and 

7131 (d) states: "Except as provided in the preceding subsections of this section- 

• any employee representing an exclusive representative, or                  
• in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative, 

shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest." 

Open End Agreement:

Collective bargaining agreement with no definite termination date, usually subject to reopening for negotiations or to termination at any time upon proper notice by either party.

Open Period (Window Period):

In the Federal Government, the 45-day period (105 to 60 days prior to contract expiration) when a union holding exclusive recognition is subject to challenge by a competing union or by employees in the bargaining unit who no longer desire representation by the recognized union. An open period becomes available near the expiration date of a contract or 3 years after the effective date of the contract, whichever occurs first.

Open Shop:

A place of employment where union membership is not a condition of employment.

Open Union:

A union that will admit any qualified persons to membership, usually upon payment of initiation fees.

Option:

A potential, often partial, solution to meet one or more interests in interest-based bargaining.

Organizing:

That initial stage of union activity at an installation when a membership base is developed. This may then be followed by attempts to gain exclusive recognition.

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P

Past Practice:

Existing practices sanctioned by use and acceptance, that are not specifically included in the collective bargaining agreement.

Pattern Bargaining:

The practice whereby employers and labor organizations reach collective agreements similar to those reached by the leading employers and labor organizations in the field.

Petition: 

A form filed with the FLRA's Regional Offices to resolve any matter related to the representation of employees. 

Picketing: 

Patrolling, usually near the place of employment, by members of labor organization to publicize the existence of a strike, to persuade employees and the public to boycott the employer. Organizational picketing is carried on by labor organizations for the purpose of persuading employees to join the organization or authorize it to represent them. Recognition picketing is carried on to compel the employer to recognize the labor organization as the exclusive negotiating agent for its employees. Informational picketing is directed toward advising the public about the issues in dispute. In the Federal service it is an unfair labor practice to picket an agency in a labor-management dispute if such picketing interferes with an agency’s operations.

Position:

One party’s proposed solution to an issue in position-based bargaining; the how. 

Premium Pay: 

Compensation at greater than regular rate. May refer to overtime, shift differentials, or penalty rates.

Preventative Mediation:

Procedures designed to anticipate potential problems of employee relations. These procedures may involve early entry by a third party into employment disputes before a strike threatens. 

Primary National Subdivision:

A first-level organizational segment (of an agency) that has functions national in scope that are implemented in field activities. For example, the Internal Revenue Service is a primary national subdivision of the Department of the Treasury.

Private Sector:

That part of the US economy consisting of companies, industries, or corporations that are privately owed and encouraged in profit-making endeavors. Commonly referred to as private industry.

Professional Employee:

Person performing work requiring advanced knowledge in a field of learning acquired by prolonged, specialized study in an institution of higher learning or hospital, as opposed to a general academic program. Duties require consistent exercise of judgment, are predominantly intellectual and varied in nature, and work output cannot be standardized over a given period of time.

Public Sector:

Refers to Federal, state, or local Government. A public sector organization is any agency, office, or bureau that is funded, directly or indirectly, by public tax revenues.

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R

Raiding (No-Raiding Agreement):

Term applied to a labor organization’s attempt to enroll member belonging to another labor organization or employees already covered by a collective agreement negotiated by another labor organization, with the intent to usurp the latter’s bargaining relationship. A no-raiding agreement is a written pledge signed by two or more labor organizations to abstain from raiding.

Rank and File:

Members of an organization, exclusive of officers and employees of that organization.

Ratification:

Formal approval of a newly negotiated agreement by vote of the labor organization members affected.

Real Wages:

Purchasing power of money wages, or the amount of goods and services that can be acquired with money wages. An index of real wages takes into account changes over time in earning levels and in price levels as measured by an appropriate index, for example, the Consumer Price Index.

Recall:

Process of bringing laid-off employees back to work, usually based on the same principles that governed order of layoff in reverse order (for example, last worker laid off is first to be recalled).

Recognition:

Employer acceptance of a labor organization as the one authorized to negotiate, usually for all members of a negotiating unit.

Recognition Petition:

Document filed by a union, group of employees, or management with the Federal Labor Relations Authority requesting an election to determine whether or not employees wish to be (or continue to be) exclusively represented by a given labor organization.

Regional Director:

The Director of a region of the Federal Labor Relations Authority. The Authority has nine regions: Boston, New York Washington, DC, Atlanta, Chicago, Dallas, Kansas City, Los Angeles, and San Francisco.

Remedial Action (Remedy):

That portion of the decision or award of a third party (arbitrator, FLRA, etc.) which specifies corrective action to be taken.

Reopening Clause:

Clause in a collective agreement stating the time or the circumstances under which negotiations can be requested prior to the expiration of the contract. Re-openings usually restrict the number of issues subject to renegotiation during the term of an agreement.

Reorganization: 

Any agency initiated change that can affect the character and scope of the bargaining unit. Reorganizations include: reduction in force, transfer of function, realignment, restructuring, re-engineering, downsizing, the disestablishment of one entity and/or the creation of another involving some or all of the employees in the bargaining unit. 

Reporting Pay:

Minimum pay guaranteed to a worker scheduled to work who reports for work and finds no work available, or less work than can be done in a guaranteed period. Sometimes identified as call-in pay.

Representation Election (Election, Recognition Election): 

Election conducted to determine whether the employees in an appropriate unit desire a labor organization to act as their exclusive representative.

Representational Activities:

Activities performed by a union (or the union’s representative) on behalf of the employees the union represents. Such activities include meeting and negotiating with management, investigating problems, handling grievances, and policing the terms of the collective bargaining contract.

Runoff Election:

A second election conducted because the first produced no winner according to the rules. If more than two options were present in the first election, the runoff may be limited to the two options receiving the most votes in the first election. The option that receives a majority of the votes cast by bargaining unit employees is declared the winner.

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S

Secret Ballot:

The expression of a choice in any election or vote taken on any matter. A secret ballot denotes that an individual’s expression of choice is cast in such a manner that he or she cannot be identified with that choice.

Seniority:

Term used to designate an employee’s status relative to other employees, in determining such things as order of promotion, layoff, and vacation. Straight seniority is seniority acquired solely through length of service. In qualified seniority, other facts such as ability are considered along with length of service. Departmental or unit seniority is applicable in a particular department or agency, rather than in the entire establishment. A seniority list ranks individual workers in order of seniority.

Scope of Bargaining:

The issues concerning personnel and practices and other matters affecting working conditions about which an agency and a labor organization having exclusive recognition may negotiate. 

Shift:

Term applied to the daily working schedule of a plant (installation) or its employees.

Shop Committee (Grievance Committee):

Group of workers selected by fellow employees, usually union members, to represent them in their dealings with management.

Showing of Interest:

The required evidence of employee interest through petition signatures, signed and dated authorization cards, allotments of dues forms executed by the employee, an existing or recently expired agreement, or other evidence which is submitted to FLRA requesting a representation election or inclusion on the ballot. In decertification requests, a “showing of interest” can consist of signed and dated petitions or cards from employees indicating that they no longer desired to be represented by the current certified union.

Sickout:

Employees agreeing to stay off the job in order to protest certain working conditions and giving illness as the reason for their absence. Under Title VII, such action is prohibited of Federal employees.

Slowdown:

A deliberate reduction of work output without an actual strike in order to force concessions from employers. Under Title VII, Federal employees are specifically prohibited form engaging in a slowdown.

Standard:

Agreed-upon qualities of an acceptable solution in interest-based bargaining.

Standard Agreement (Form Agreement):

Collective bargaining agreement prepared by a national or international union for use by, or guidance of, its local unions, designated to produce standardization of practices in the union’s bargaining relationships.

Standards of Conduct for Labor Organizations:

In the Federal Government, those standards which govern internal democratic practices and fiscal responsibility, and procedures to which a labor organization must adhere to receive recognition under the law. Assistant Secretary of Labor for Labor-Management relations (A/SLMR) maintains responsibility for making known and enforcing standards of conduct for labor organizations in the Federal Government and the private sector.

Statue:

A law.

Statutory:

Of or relating to statute. A statutory appeal procedure is an appeal procedure prescribed by law.

Steward (Union or Shop Steward):

A local union’s representative in a plant or department elected by union members (or sometimes appointed by the union) to carry out union duties, such as handling grievances, collecting dues, and soliciting new members. Stewards are usually fellow employees who are trained by the union to carry out the duties described above.

Strike (Wildcat, Outlaw, Quickie, Sympathy, Sit down, General):

Temporary stoppage of work by a group of employees (not necessarily members of a union) to express a grievance, enforce a demand for changes in the conditions of employment, obtain recognition, or resolve a dispute with management. A wildcat or outlaw strike is not sanctioned by the union and may violate a collective agreement. A quickie strike is a spontaneous or unannounced strike for short duration. A sympathy strike is a strike by employees not directly involved in a dispute who wish to demonstrate employee solidarity or bring additional pressure upon the employer involved. A sit-down strike is a strike during which employees remain in the workplace but refuse to work or allow other to do so. A general strike is a strike involving all organized employees in a community or country (rare in United States). Strikes are sometimes referred to as walkouts. In the Federal Government law prohibits strikes. 

Strike Vote:

Vote conducted among members of a labor organization to determine whether or not a strike should be called.

Successorship: 

Successorship involves a determination of the status of a bargaining relationship between an agency/activity, which acquires employees who were in a previously existing bargaining unit, and a labor organization that exclusively represented those employees prior to their transfer. 

Supervisor:

In the Federal service, means an individual having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment. For nurses and firefighters, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising the preceding duties.  

Supplemental Agreement:

An agreement negotiated subsequent to the basic or initial agreement. Also, an agreement often negotiated at the local level to augment a national agreement.

Suspension:

From of a disciplinary action of a temporary nature, as in removing a worker from his job for a stipulated time with the consequent loss of pay.

Sweetheart Agreement:

A collective agreement exceptionally favorable to a particular employer, in comparison with other contracts, implying less favorable conditions of employment than could be obtained under a legitimate collective bargaining relationship.

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T

Technological Unemployment:

Displacement of workers caused by, or attributed to, the installation of labor-saving methods or machinery.

Temporary Relief:

Specific action requested (petitioned) of a U.S. court for remedy of a particular situation for a stated period. In many cases, temporary relief consists (1) staying the implementation of a proposal, or (2) stopping an action from having continued effect and returning to the status before the action took place. 

Third Party Process:

Refers to a method of settling a dispute through recourse to an impartial party.

Tour of Duty:

Term applied to whatever shift on which an employee is working.

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U

Action by either an employer or union, which violates the ststute, such as refusal to bargain in good faith. 

Unilateral Action:

Implementation of management decisions concerning personnel policies and matters affecting working conditions that were developed without union input. Unilateral actions in areas requiring consultation or negotiation are subject to unfair labor practice charges.

Unit Issues: 

Issues concerning any representational matter involving the unit for which the labor organization holds exclusive recognition. Examples include: 

• when there are significant changes in the character and scope of the unit due to a reorganization. As a result, successorship, accretion, merger and other issues pertaining to the continuing appropriateness of the unit are called "unit issues."                  
• when an agency has a good faith doubt about the continuing majority status of the union. 

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W

Wage Determination:

Process of establishing wage rates and wage structures through collective bargaining and other methods.

Wage Differentials:

Differences in wages among occupations, plants, areas, industries, type of worker, etc.

Wage Scale:

A schedule specifying the pay structure for an establishment, industry, or locality.

Wage System Employees:

Federal Government employees, in trades and labor occupations, whose rates of pay are determined on the basis of prevailing rates for comparable work in the area.

Weingarten Right:

Name taken from a private sector case. Refers to the right of a bargaining unit employee to be represented by the union under specific circumstances. That right exists when (1) the employee is examined in an investigation (an investigatory examination) conducted by an agency representative, (2) the employee reasonably believes disciplinary action against him or her may result, and (3) the employee requests union representation. 

Whipsawing:

The tactics of negotiating with one employer at a time and then using each negotiated gain as a lever against the next employer.

Work Stoppage:

A temporary halt to work, initiated by workers or employer, in the form of a strike or lockout.

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Z

Zipper Clause:

An agreement provision specially barring an attempt to reopen negotiations during the term of the agreement. See Reopening Clause.

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