Labor Relations and Collective Bargaining by Michael R. Carrell and Christina Heavrin (10th edition)

Introduction to labor relations

• Labor relations. Any activity between management and unions or employees concerning the negotiation or implementation of a collective bargaining agreement.
• Collective bargaining agreement. A written and signed document between an employer entity and a labor organization specifying the terms and conditions of employment for a specified period of time.
• Labor organization. Defined in Sec. 2. [§ 152] of the NLRA and means any employee committee or other organization of any kind in which employees deal with employers concerning grievances, labor disputes, wages, hours, or working conditions.
• Union density. The number of union employees in proportion to the total number of employees in a state or other area.
• Craft union. A labor union whose membership is organized in accordance with their craft or skills.
• Industrial union. A labor union whose membership is composed primarily of semiskilled or unskilled workers, such as automobile workers and steelworkers, who are organized on the basis of the product they produce.
• Salary arbitration. A process specified in a sport’s CBA that provides if a player and team cannot agree on a new salary for a future, they agree to submit the issue to an arbitrator who will make a final and binding decision.
• Free agent. A player who is permitted to negotiate contract terms with any club. Players are not usually eligible for unrestricted free agency until they turn a certain age. They could become unrestricted free agents earlier if a club exercised its walk-away rights or if their contract was bought out or terminated.
• Union membership. Employees of an organization that belong to a labor organization.
• Preemption. A legal theory in which federal law takes precedent over state law.

Private sector labor relations: history and law

• Labor union. An organization of workers dedicated to protecting their interests in the workplace and improving wages, hours, and working conditions.
• Trade unionist. One of like-skilled workers, such as printers, shoemakers, tailors, and bakers, who organized the earliest unions in the United States.
• Labor injunction. A court order that prohibits any individual or group from performing any act that violates the rights of other individuals concerned. Until 1932, injunctions were primarily used by employers to end boycotts or strikes.
• Company union. An employee organization formed by an employer and recognized within a company, often it will offer employer-conceived reforms, such as health benefits and better living conditions, to discourage employee unionization. This type of union usually does not meet the requirements of the National Labor Relations Act and thus is not considered a true union.
• Railway Labor Act. Passed in 1926 to prevent disruptions in the nation's rail service, it required railroad employers to negotiate with employees' union. In 1936 it was expanded to include the airline industry.
• Norris-LaGuardia Act. Passed in 1932, this act restricts the federal courts from issuing injunctions in labor disputes, except to maintain law and order. The act also made yellow-dog contracts illegal.
• National Labor Relations Act (Wagner Act). The cornerstone of U.S. Federal labor law. The act was the first in history to give most private sector employees the right to organize into unions, to bargain collectively with employers, to define unfair labor practices by employers, and to create the NLRB.
• National Labor Relations Board. An independent agency of the federal government that serves to investigate unfair labor practices, determine appropriate bargaining units, certify unions that legally represent a majority of employees, and administer the provisions of the National Labor Relations Act.
• Fair Labor Standards Act. Passed in 1936, it requires employers to pay covered employees at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay for work exceeding a 40-hour week.
• Scab. A derogatory term to describe workers who cross a union picket line to perform the jobs of striking workers.
• Taft-Hartley Amendments. Also known as the Labor Management Relations Act of 1947, it generally was created to counterbalance the provisions of the National Labor Relations Act of 1935. The law declared closed shops and automatic check-offs illegal, cited unfair labor union practices, and protected the rights of employees who chose not to unionize. The law also created the Federal Mediation and Conciliation Service, restricted secondary boycotts and strikes, and gave states the right to outlaw union shops.
• Landrum-Griffin Act. Passed in 1959 to help regulate internal union operations, the act amended the Wagner Act and the Taft-Hartley Act and resulted in the limitation of boycotts and picketing, the creation of safeguards for union elections, and the establishment of controls for the handling of union funds.
• Employee Free Choice Act. Congressional bill that would make it easier for unions to organize new members, achieve a first contract, and increase certain penalties fails in the Senate in 2007.
• Coalition of Labor Union Women. Founded in 1974, this union was formed to promote the unionization of women in the workforce.

Public sector labor relations: history and law

• Dual sovereignty. The sharing of governmental power between the federal and state governments. Under the U.S. Constitution, all powers not granted to the federal government are reserved for the states.
• Home rule. A flexible grant of powers from the state to municipalities to determine their own goals without interference from the state legislature or state agencies.
• Spoils system. In the early 1800s, this patronage system for the federal government meant that workers were hired on the basis of who they supported in elections. Employees were expected to support political candidates or lose their job.
• Pendleton Act. Created the federal merit system to address the abuses of the spoils system; administered open competitive examinations; protected employees from being fired for political reasons; and provided that Congress set the wages for federal workers.
• Fraternal organization. A union that represents public employees in one profession and began as a professional organization before widespread collective bargaining by public employees.
• Hatch Act. Passed in 1939, amended in 1993, the Hatch Act limited the political activities of federal employees to shield workers from political pressure and ensure that the resources of the federal government were not used to favor a political party.
• Civil service system. A governmental system of employment based on merit. Employee selection is based on examination scores or an assessment of experience and abilities. Promotion, advancement, and discipline are based on job performance.
• Sovereignty Doctrine. The unrestricted and paramount power of the people to govern. In the public sector, this doctrine is presented as a basic reason for not allowing employees to have collective bargaining rights or the right to strike their public employers.
• Executive Order 10988. The executive order signed by President John F. Kennedy in 1962 allowing federal employees bargaining representation, forms of employee recognition, and the right to collective bargaining.
• Civil Service Reform Act of 1978. Act designed to reform the outdated federal civil service structure, modeled after the NLRA. Created the Federal Labor Relations Authority to oversee labor–management relations within the federal government.
• Public sector-only union. A union that organizes multiple sectors of public employees but does not organize in the private sector.
• Mixed union. A union that represents both public and private sector employees.
• Pattern bargaining. A collective bargaining practice in which a national union strives to establish equal wages and benefits from several employers in the same industry. The union uses the negotiated contract of one company to serve as a model contract for the entire industry.
• Me Too Union. Public sector union demands for equal treatment when one union receives something of value.
• FOIA. So called “freedom of information acts” or “open records” makes documents of public entities generally available to all citizens. In public sector collective bargaining often financial information of a public entity is generally available to all bargaining units.
• Multilateral bargaining. Generally refers to negotiations in the public sector where the authority to commit to a collective bargaining agreement may be shared by the executive and legislative branches, and thus three parties are involved in negotiations.
• Executive-legislative. A form of government, such as the federal and state governments and most large cities, when both the executive and the legislature are considered management, but with different roles. The executive manages the government on a day-to-day basis under directives, particularly budgetary directives, of the legislative body.
• Sunshine Laws. Statutes requiring that the official business of government be conducted in public, sometimes requiring that public-sector collective bargaining sessions be open to the public.
• Union security. The provisions of collective bargaining agreements that directly protect and benefit the union, such as dues check-off and union shops.
• Free rider. An employee within a bargaining unit who choose not to join the union that bargains for an agreement for the unit. Although the employees receive all negotiated benefits, they pay no costs associated with the union.
• Cheap rider. An employee within a bargaining unit who choose not to join the union that bargains for an agreement but is required to pay a fee to the union to provide their share of the costs associated with negotiations (usually 80 to 85 percent of the regular union dues).
• Fair share. A sum of money paid in lieu of union dues, which represents the benefit a nonunion member of the bargaining unit gets from collective bargaining and contract administration by the union.
• Right to strike. For employees in the private sector, the right to strike is guaranteed by the National Labor Relations Act, but public employees are generally prohibited from striking, making the right to strike a major issue for public-sector unions.
• PATCO Strike. The first declared national strike against the federal government resulted not only in the firing of all striking PATCO workers but also in the prohibition of any PATCO striking worker from ever working again as an air traffic controller.
• Mediation. The introduction of a neutral third party into a grievance situation or collective bargaining impasse. Although mediators have no decision-making powers, they use their skills and work actively to achieve a settlement that is mutually agreeable to both sides.
• Fact-finding. A dispute resolution procedure in which a neutral third party reviews both sides of a dispute and then publicly recommends a reasonable solution.

ADVISORY ARBITRATION

• Advisory arbitration. Often in public sector collective bargaining the parties submit an unresolved dispute to an unbiased third party who examines the impasse and issues findings and recommendations. While not binding, the findings may move the process along by making reasonable recommendations.
• Interest arbitration. A process used to resolve an impasse in negotiations where the parties submit the unresolved items to a neutral third party to render a binding decision.
• Privatization. When governmental employees are replaced with private sector workers through a contract with an outside employer for the purpose of reducing overall costs.
• Furlough. An involuntary, unpaid and temporary leave of absence from employment, recently used by governments to balance budgets without laying off employees.

Establishing a Bargaining Unit and the Organizing Campaign

• Appropriate bargaining unit.
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