Vocab for Final Test Flashcards

(150 cards)

1
Q

Administrative

Law Judge

A

An employee of the National Labor
Relations Board who issues decisions in
cases in which an unfair labor practice
has been charged.

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2
Q

Advisory

Arbitration

A
A form of arbitration in
which the person chosen
to examine facts and
decide a dispute
recommends a solution;
however, this settlement is
not binding on the parties.
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3
Q

American
Arbitration
Association
(AAA)

A
A private, nonprofit agency
that encourages arbitration
as a means of settling
disputes. This organization
maintains panels of
arbitrators in large
American cities.
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4
Q

Apprentice

Training

A

An arrangement whereby an employee enters
into an agreement with an employer and a union,
and sometimes vocational school authorities, to
learn a skilled trade by work experience and
technical instruction

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5
Q

Arbitration

A
A method of settling a
labor-management dispute by
having an impartial third
party, known as an arbitrator,
render a decision that is
binding on both the union and
the employer.
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6
Q
American Federation
Of Labor-Congress Of
Industrial
Organizations
(AFL-CIO)
A

This organization
is not a bargaining agent, rather its primary functions are
education, lobbying, and assisting constituent unions in
organizing efforts. In 2008 the federation represented 11
million of the nation’s 16.1 million union members (68.3%).

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7
Q

Authorization

Card

A

A form signed by individual employees,
solicited by a union during an organizing
drive.

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8
Q

Award

A

The settlement or final
decision of an arbitrator,
binding on both parties to
the dispute.

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9
Q

Back-Loaded

A
The practice of deferring a
greater wage or benefit
increase to the latter part
of a multiyear agreement
as defined by contract.
Compare with
Front-Loaded
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10
Q

Back

Pay

A

Wages due an employee

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11
Q

Back-To-Work

Movement

A

A return of strikers to their jobs before
their union has declared an end to the
strike

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12
Q

Bargaining

Agent

A

A union that possesses the sole authority to act
on behalf of all the employees of a particular
type, both union and nonunion, in a company or
bargaining unit

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13
Q

Boycott

A

An organized refusal by employees and their
union to deal with an employer; used to win
concessions

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14
Q

Bargaining

Unit

A

A group of jobs in a firm, plant, or industry with
sufficient commonality to constitute the unit
represented in collective bargaining by a
particular bargaining agent.

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15
Q

Blacklist

A

A list of names circulated among employers
containing the names of workers considered
troublesome. Workers whose names are listed
are often fired from their jobs or not hired in new
jobs.

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16
Q

Boulwareism

A
this bargaining strategy attempts to
bypass the union and persuade
employees that an initial offer is in their
best interest. However, that employer
changes their offer if they receive new
information or persuasive arguments
from the union.
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17
Q

Bumping

A

A practice allowing a worker laid off
from a job for lack of work to
displace some other worker with
less seniority in the same plant.

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18
Q

Burden

Of Proof

A
In an arbitration proceeding,
the responsibility placed on
one of the parties to prove to
the arbitrator’s satisfaction
the correctness or truth of the
allegations made
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19
Q

Bureau Of
Labor Statistics
(BLS)

A
A unit of the United States
Department of Labor that collects
and publishes information on the
cost of living, the volume of
employment and unemployment,
labor turnover, industrial disputes,
and other matters relating to the
world of work.
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20
Q

Business

Agent

A
A full-time officer of a local
union who handles grievances,
helps enforce contracts, and
performs other tasks in the
day-to-day operations of a
union.
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21
Q

Call-Back

Pay

A

Compensation paid to workers who
are called back on the job after
completing their regular shift; this
pay is often paid at higher rates.

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22
Q

Call-In

Pay

A

Compensation guaranteed to a
worker who reports for work even if
they find there is insufficient work to
do.

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23
Q

Certification

A
Determination by the National
Labor Relations Board (NLRB) or
an appropriate state agency that a
particular union is the majority
choice and hence the exclusive
bargaining agent.
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24
Q

Check-Off

A
The procedure whereby an employer
deducts union dues, assessments, and
initiation fees from the pay of all union
members and transmits these funds to
the union.
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25
Closed | Shop
``` A bargaining unit covered by an agreement between an employer and a union that, as a precondition of employment, all employees must belong to that particular union. ```
26
Coalition | Bargaining
A form of collective bargaining in which several different unions representing different categories of employees of a single employer attempt to coordinate their bargaining.
27
Collective | Bargaining
A method of negotiations between representatives of the employer and union representatives to regulate workplace conditions and determine terms and conditions of employment for all workers in a bargaining unit.
28
Collective Bargaining Agreement
A written contract resulting from negotiations between an employer or a group of employers and a union or group of unions, which sets the terms of employment and working conditions (examples include: wages, hours, fringe benefits, etc
29
Collusion
``` Secret cooperation or conspiracy by an employer and the certified representative of his or her employees to defraud the employees represented while providing the semblance of a genuine bargaining relationship ```
30
Company | Union
An employee organization, usually of a single company, that is dominated or strongly influenced by management.
31
Comparable | Worth
The notion that wages and benefits should be based on the worth of the job to the employer rather than on circumstances dictated by the vagaries of the labor market.
32
Concession | Bargaining
This negotiation tactic refers to instances when unions agree to surrender or modify terms in the existing contract in exchange for other benefits.
33
Confidential | Employee
An employee who, although he or she may have no supervisory responsibilities, may have access to information about an organization’s labor relations policy and is therefore ineligible for inclusion in a bargaining unit or coverage by a bargaining agreement.
34
Conspiracy | Doctrine
Developed under English common law, this doctrine holds that certain acts that are lawful when performed by an individual (e.g., a worker’s demand for an increase in pay) are unlawful when performed by a group (e.g., several workers acting in concert to demand an increase in pay).
35
Cooling | Off Period
A period of time to allow further consideration or negotiation. This required (fixed by federal or state law) period of delay follows legal notice of a pending labor dispute. During this time, there can be neither a strike nor a lockout
36
Cost-of-Living | Adjustment
Wage and general benefit increases are affected by increases in the cost of living as measured by the Consumer Price Index (CPI). In labor law, employee wages and benefits can be changed according to fluctuations in this measurement.
37
Cost-of-Living | Index
This indicator is a set of measurements used by the Bureau of Labor Statistics to track how much consumers are paying for everyday necessities.
38
Craft
A manual occupation that requires extensive training and a high degree of skill.
39
Craft | Union
A trade union that limits its membership to workers who are skilled in a particular craft, but who may work for various employers at different locations.
40
Discouraged | Worker
``` An individual of legal employment age who does not actively seek employment because he or she found no suitable employment options or were met with lack of success when applying ```
41
Economic | Strike
A work stoppage resulting from a dispute over | wages, hours, or other working conditions.
42
Employment-at-Will
The doctrine that employment may be terminated by either the employee or the employer at any time and for any reason, except an illegal one.
43
End | Run
A negotiation approach whereby a bargaining agent circumvents one level of management and approaches a higher authority with the objective of negotiating a more advantageous agreement.
44
Exempt | Employee
The amount a nonmember is compelled to contribute to a union by a provision in the collective bargaining agreement.
45
Fact-Finding
``` Investigation of a labor-management dispute by an impartial individual, board or panel having the purpose of discovering and establishing the facts of an issue. ```
46
Final Offer | Arbitration
``` Used to incentivize both parties in a dispute to make a reasonable offer, this practice requires both sides to submit their final offer. After review, the arbitrator must select the position of one of the parties and cannot select a compromise position. ```
47
Featherbedding
This is the practice of (1) hiring more workers than are needed to perform a given job or (2) adopting pointless work procedures merely to employ additional workers. Also known as “make-work,” this method is usually promoted by unions even though it can be inefficient or unprofitable for the employer.
48
Federal Mediation and Conciliation Service
An independent federal agency created in 1947, which provides mediation services for private-sector, disputes around the country.
49
Flextime
An alternative work-scheduling system that allows worker to vary their arrival and departure times without changing either the overall work requirements or the required number of total hours employees must work.
50
Free | Rider
A worker in a bargaining unit who is eligible for | union membership but does not join the union.
51
Fringe | Benefits
A collection of benefits provided by an employer to their | employees in addition to their regular pay.
52
Front-Loaded
The practice of providing a greater wage increase in the early period of a multiyear, collective bargaining agreement than in the later period.
53
Full Crew | Rule
A regulation stating the minimum number of workers required for a given operation. Originally designed as a safety precaution for both workers and the public, opponents now allege that such staffing requirements are used to protect workers in non-essential jobs.
54
General | Strike
``` A strike action in which a significant proportion of the total labor force in a geographic area (city, region or nation) participates; generally involves entire communities. ```
55
Good Faith | Bargaining
``` The duty of negotiating parties (1) to meet and discuss (2) at reasonable times (3) with open minds to reach reconciliation on applicable disagreements. ```
56
Grandfather | Clause
A contract provision exempting persons or other entities already engaged in an activity from rules or legislation affecting that activity.
57
Grievance
An official statement of complaint; a real or imagined wrong or other cause for complaint or protest.
58
Grievance | Arbitration
A method of adjudicating a grievance, in which the grievance is submitted to an arbitrator for a final and binding resolution of disputes that arise over the interpretation, administration or alleged violation of a collective bargaining agreement, work practice or terms and conditions of employment.
59
Grievance | Procedure
The process steps spelled out in a collective bargaining agreement for the handling of grievances. The first step usually occurs at the shop level, where most grievances are settled
60
Hot Cargo | Provisions
The required process to introduce change in conditions of employment in a union environment. Before implementing a change, management must provide the union reasonable advance notice of the intended change.
61
Impasse
In negotiation, when two sides are unable to | reach an agreement and no progress is possible
62
Increments
A series of successive additions to salary, | provided for in a salary schedule.
63
Industry-wide | Bargaining
``` A form of multiemployer bargaining that results in a master agreement negotiated for all employees in an industry by one or more unions representing their workers across an entire industry. ```
64
Injunction
A court order restraining individuals or groups from committing acts the court has determined will do irreparable harm.
65
Initiation | Fees
A payment to a union required of all new members or members who have left the union and want to return.
66
Interest | Arbitration
This form of arbitration provides a method for resolving | disputes about the terms to be included in a new contract.
67
International Labor Organization
An international body, this specialized agency of the United Nations is dedicated to improving labor conditions and living standards worldwide.
68
International | Union
The national organization of a labor union, so called because many unions have affiliates in Canada
69
Job | Action
A work slowdown, work-to-rule or other organized action used by employees as a means of protest
70
Job | Security
Generally, the quest to retain | one’s job.
71
Journeyman
``` A craft worker who has completed apprenticeship training and been admitted to full membership in a craft, but is not yet a master. ```
72
Judicial | Review
``` An important part of constitutional law, this court procedure is used to determine the legality of decisions issued by a labor-relations board or an arbitrator. ```
73
Just | Cause
The standard that management must adhere to when | disciplining, discharging or managing an employee.
74
Jurisdictional | Dispute
A conflict between two or more unions over (1) the right of their memberships to perform certain types of work or (2) union representation.
75
Labor | Force
The actual number of people available for work; this group includes both the employed and the unemployed.
76
Layoff
Temporary discharge or separation from work, usually due to slack season, shortage of materials, temporary decline in the market, or other factors over which the worker has no control
77
Local | Union
The organization of a locally-based trade union organization, which forms part of a larger union.
78
``` Landrum-Griffin Act (Labor Management Reporting and Disclosure Act) ```
A federal statute, passed in 1959, designed to rid unions of corruption and to ensure internal union democracy
79
Lockout
A suspension of work initiated by the employer as the result of a labor dispute
80
Maintenance-of-Standards | Clause
A clause in a labor contract that requires all existing conditions of employment, except those specifically changed by the contract, to be continued during the term of the new contract.
81
Master | Agreement
A collective bargaining agreement covering a number of companies and one or more unions or covering several plants of a single employer.
82
Maintenance-of-Membership | Clause
``` A provision in a collective bargaining agreement requiring employees to maintain membership in the union for the duration of the contract ```
83
Management | Prerogatives
Employer’s or management’s unqualified-authority to exercise its discretion in certain areas without discussions with or the agreement of a union.
84
Med-Arb
A form of arbitration in which the arbitrator starts as a mediator, but in the event of an impasse, the arbitrator imposes a binding decision
85
Mediation
An attempt by a third party, usually a government official, to bring together the parties to an industrial dispute.
86
Multiemployer | Bargaining
Collective bargaining involving more than one company in a given industry and resulting in a master agreement.
87
National Labor Relations Act (Wagner Act)
A federal law passed in 1935 that had the effect of generally strengthening the position of organized labor.
88
National Labor Relations Board
The board’s primary duties are to hold elections to determine representation and to interpret and apply the law concerning unfair labor practices
89
Negotiation
A discussion aimed at reaching an | agreement.
90
Occupational Safety and Health Act (OSHA) of 1970
A statute developed to assure safe and healthful | working conditions for men and women.
91
Occupational Safety and Health Administration (OSHA)
``` An agency within the United States Department of Labor established by the Occupational Safety and Health Act of 1970 to adopt and enforce workplace safety and health standards. ```
92
Open | Shop
``` A shop, factory, or business establishment in which employees are not required to join or financially support a union as a condition of hiring or continued employment. ```
93
Past | Practice
A process or action that has been recognized and accepted by all parties as accepted behavior.
94
Pattern | Bargaining
Negotiation in which key terms reached in a settlement in one company is closely followed by negotiations in other companies.
95
Permanent | Umpire
An arbitrator who is selected by both union and management to serve for a specified period of time, most often for the duration of the contract.
96
Portal-to-Portal | Pay
An employee’s earnings from the time they step foot on their employer’s property until they leave at the end of their workday.
97
Preferential | Hiring
A policy agreed to by an employer to hire qualified and available union members with the understanding that nonunion workers may be hired without being required to join the union when the union cannot supply additional workers.
98
Picketing
A form of protest in which demonstrators gather outside of a place of work with placards that announce the nature of the dispute in an attempt to dissuade other workers or customers from going in.
99
Premium | Pay
A rate of pay that is greater than the regular rate of pay because of inconvenience or unpleasantness.
100
Production | Worker
``` worker connected directly with manufacturing or operational processes in industry, as contrasted with a supervisory or clerical workers. ```
101
Productivity | Bargaining
The process of reaching an agreement through collective bargaining whereby the employees of an organization agree to changes which are intended to improve productivity in return for an increase in pay or other benefits.
102
Professional | Employee
An employee whose work is predominantly intellectual, who has undergone advanced specialized training, and whose work requires the exercise of independent judgment.
103
Quickie | Strike
A strike action that is not authorized by a union or that is against the collective bargaining agreement.
104
Recognition
``` A formal acknowledgment by an employer that the majority of his or her employees in a given bargaining unit want a specific union to represent them in collective bargaining. ```
105
Reopening | Clause
``` A provision in a collective bargaining agreement stating circumstances under which wages and other negotiation issues can be rediscussed prior to the term of the contract. ```
106
Representation | Election
``` A referendum held among employees in a bargaining unit to determine by voting majority what bargaining agent, if any, will represent them for collective bargaining purposes ```
107
Retroactive | Pay
1. Delayed wage payment for work done previously at a lower rate. 2. Income due to workers when a new contract provides for a wage increase for work completed prior to the time the contract goes into effect, often dating back to the expiration of the previous contract.
108
Rights | Dispute
``` A controversy over the interpretation, application, administration or alleged violation of the terms and conditions of an existing collective bargaining agreement. ```
109
Right to | Work Laws
``` State laws prohibiting union shop, maintenance-of-membership clauses, preferential hiring, or any other contract provisions calling for compulsory union membership. ```
110
Runaway | Shop
A practice when a unionized business moves to another location to escape union labor regulations or state laws
111
Scab
``` The term used to refer to (1) a worker who refuses to go on strike with his co-workers or (2) a worker who is hired to replace a striking worker ```
112
Seniority
A measure of an employee’s position or status as determined by length of continuous employment.
113
Service | Worker
A worker whose job is to provide personal assistance, protective service, or current maintenance for buildings and residences
114
Scope of | Bargaining
deemed appropriate to be negotiated for a collective bargaining agreement. Most statutes oblige the parties to negotiate over terms and conditions of employment, which me
115
Severance | Pay
Compensation granted to a worker upon permanent termination of employment. While there is no requirement in the Fair Labor Standards Act, it is often based upon length of employment.
116
Shop | Committee
``` A body of employees elected by fellow workers or appointed by union officials to represent the bargaining unit in considering grievances and related matters. ```
117
Shop | Steward
The elected union representative of a group of workers who acts as the agent of the union in the workplace and carries out union duties in the plant or shop
118
Slowdown
``` A deliberate reduction of output by workers in an attempt to win concessions from an employer. ```
119
Speedup
Speedup An increase in production without a compensating increase in wages to workers;
120
Stretch-Out
A situation in which workers are required to assume additional work duties, such as tending more machines, without additional compensation, and possibly with even less compensation.
121
Strike | Benefits
Compensation and benefits offered by a union to striking workers during a strike action.
122
Strikebreaker
A person who works despite an | ongoing strike
123
Strike | Fund
Money held by a trade union for allocation to strikers during a strike action that would help to cover the costs of strike benefits, legal fees, etc.
124
Strike | Notice
A notice filed with the Federal Mediation and Conciliation Service or appropriate state agency that the union has rejected the company’s latest offer and a strike is impending
125
Take-Home | Pay
``` The amount of pay the worker actually receives directly in his or her check: gross earnings minus federal and state income taxes, social security taxes, health insurance premiums, and other deductions. ```
126
Time-and-a-Half | Pay
loyee’s regular pay. The Fair Labor Standards Act of 1938 made time-and-a-half pay mandatory for all work performed beyond forty hours a week b
127
Two-Tier | Wages
An arrangement whereby compensation for new hires is substantially below that of current employees doing the same work.
128
Unfair Labor Practice
Conduct on the part of either the union or management that violates provisions of national or state labor-relations acts or the collective bargaining agreement.
129
Union | Label
An imprint attached to a product indicating that article was made by union workers.
130
Union | Organizer
``` Elected or appointed staff member of a local union or international union whose main function is to recruit new members under the organizing model. ```
131
Union | Shop
The process of establishing a unit of appropriate job titles | for the purpose of collective bargaining.
132
United States Department of Labor (U.S. DOL)
A unit of the executive branch of the federal government, this organization is charged with preparing the American workforce for new and better jobs, and ensuring the adequacy of America’s work places.
133
Vesting
``` A strike, quickie strike, or wildcat strike. Such strike actions are often spontaneous and not sanctioned by unions. ```
134
Whipsaw | Bargaining
A bargaining technique used in conjunction with a strike against only one or a few employers in an industry.
135
Whipsaw | Strike
A strike technique focusing against only one employer of a larger group, typically the weakest, when the union could have struck them all
136
Wildcat | Strike
A work stoppage violating the contract and not authorized by the union.
137
Wildcat | Strike
A negotiated stipulation in a labor contract that limits the conditions under which management may direct the performance of labor
138
Work-to-Rule
nstead of striking, this type of job action occurs whereby employees perform only the minimum tasks required of them by official rules or regulations.
139
Yellow-Dog | Contract
Sometimes used in the past by management to try to combat unions, this employment agreement required workers to promise not to join a union or promise to resign from a union if already a member instead of being fired.
140
Zipper | Clause
A standard provision in a negotiated contract that attempts to preclude any negotiations of employment conditions during the life of the contract.
141
industrial | Pluralism
The idea that employees and employers ability to negotiate workplace conditions as co-equals helps to control the conflict between these two groups.
142
Employer
A legal entity that controls and directs workers under an express or implied contract of employment.
143
Employee
A person employed for wages or salary. Even during times of dispute, a person remains an employee if he or she is on strike for a contract or fired as a result of an unfair labor practice. The following are not employees
144
Supervisor
``` An employee with independent authority to regulate employees in their assigned or delegated tasks, recommend discipline or promotion activities (hiring, firing, adjusting grievances, assigning work and deciding pay increases) for employees in their department and administer a labor agreement. ```
145
Salting
A union practice to send out a member to get hired in a particular job at a non-union company while concealing his or her union membership. After the union member is hired, he or she openly or secretly attempts to organize the work force. The salt usually violates the company's rules until he or she gets terminated. The union then files an unfair labor practice charge alleging that the company discriminated against the salt because of his or her union activity.
146
Excelsior | List
``` A list provided by the employer to the union within seven days after plans for a union election have been directed by the National Labor Relations Board (NLRB ```
147
Agency | Fee
``` In an agency shop, which can hire union or nonunion workers, the nonunion workers must pay this fee to cover collective bargaining costs. ```
148
Certification | Election
``` The process of determining through secret ballot the sole and exclusive bargaining agent of all the employees in an appropriate bargaining unit for the purpose of collective bargaining ```
149
Greenfield | Operation
``` A newly-opened plant in a location in which no existing facilities are currently present. It is usually part of an employer strategy to avoid unions or reduce the proportion of represented employees ```
150
Agency | Shop
A bargaining unit covered by a union security clause in the collective bargaining agreement stating that the nonunion employees in the unit must pay the union a sum equal to union fees and dues as a condition of continuing employment. The contract does not, however, require nonunion workers to join the union.