Labor Relations

Patient Protection and Affordable Care Act

, also called Obamacare, U.S. health care reform legislation, signed into law by President Barack Obama in March 2010, which included provisions that required most individuals to secure health insurance or pay fines, made coverage easier and less costly to obtain, cracked down on abusive insurance practices, and attempted to rein in rising costs of healthcare

successorship clause

A clause that seek to bind a purchasing employer to all the terms and conditions of the existing collective bargaining agreement in the event of the sale, assignment, or other transfer of business ownership.

Decertification

A procedure under which (1) employees of a firm can disassociate themselves from a specific union, or (2) a firm can withdraw a union's official recognition as the exclusive bargaining representative of the firm's employees

directed elections

A process of choosing political leader where voters directly cast ballots for the person or political party that they desire to see elected, further the method by which winner of this direct election is chosen depends on the electoral system

captive audience speech

A situation in which an employer gives speeches that discourage workers from joining a union or that are in some way anti-union. These speeches may be given to employees on company time and company property and only if they are not coercive.

dues check off

A voluntarily authorized and regular deduction of an employee's wages by an employer to pay off the union dues by deductions in earnings instead of separate individual payments

professional employee

Any employee engaged in work predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; involving the consistent exercise of discretion and judgment in its performance

wage re-opener

Clause in a collective bargaining agreement stating the time or the circumstances under which negotiations can be requested, prior to the expiration of the contract. Reopenings are usually restricted to wage or benefit issues and, perhaps, other specified economic issues, not to the contract as a whole.

COLA

Cost-of-living adjustments are generally equal to the percentage increase in the consumer price index for urban wage earners and clerical workers (CPI-W) for a specific period

profit sharing plans

Is a type of defined contribution plan that lets companies help employees save for retirement

Contract ratification

Is the process by which members of the bargaining unit vote to accept or reject the terms of the collective agreement that the firm and union have negotiated

duty of fair representation (Union)

Legal obligation of a union (as being the exclusive representative of a collective bargaining unit) to represent all workers or employees in that unit (whether or not members of the union)

mandatory bargaining

Matter of contention pertaining to wages, working hours, or terms and conditions of employment, etc., about which an employer may not make a unilateral change without giving advance notice, and an opportunity to bargain, to the union. Also called mandatory subject of bargaining

totality of conduct

Takes an employer's actions as a whole into account when ruling on a violation. The 24-hour rule prohibits mandatory employer or union meetings within 24 hours of an election

Piece-rate

Wage determination system in which the employee is paid for each unit of production at a fixed rate

defined benefit pension plan

a company pension plan in which an employee's pension payments are calculated according to length of service and the salary they earned at the time of retirement.

job description

a formal account of an employee's responsibilities.

appropriate bargaining unit

a group of employees who do similar types of work and have common concerns about wages, hours, and working conditions.

Health Maintenance organization

a health insurance organization to which subscribers pay a predetermined fee in return for a range of medical services from physicians and healthcare workers registered with the organization

union shop

a place of work where employers may hire nonunion workers who must join a labor union within an agreed time

closed shop

a place of work where membership in a union is a condition for being hired and for continued employment

union security clause

a provision in a collective bargaining agreement which requires bargaining unit employees to establish and maintain union membership as a condition of employment.

consent elections

an election in which an employer and union agree to waive the pre-election hearing

gissel bargaining order

are orders to bargain with a union that may no longer have majority support because of serious employer ULPs that have poisoned the possibility of a fair election

permissive bargaining

are those over which bargaining is neither compelled nor prohibited. Neither party is required to agree to proposed language that is a permissive subject, and the matter cannot be pursued to the point of impasse

mid-term bargaining

concerning matters covered by the contract, allowing mid-term bargaining only on new issues or issues not contained in the contract.

shift differentials

different shifts get compensated differently according to how difficult it is to work that shift

good faith bargaining

generally refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation

Family and Medical Leave Act

is a United States labor law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons.

community of interests

is a community of people who share a common interest

Employee Retirement Income

is a federal United States tax and labor law that establishes minimum standards for pension plans in private industry.

agency shop

is a form of union security agreement where the employer may hire union or non-union workers, and employees need not join the union in order to remain employed

high deductible health care plans

is a health insurance plan with lower premiums and higher deductibles than a traditional health plan. High-deductible health plans are a form of catastrophic coverage, intended to cover for catastrophic illnesses.

Preferred provider organization

is a managed care organization of medical doctors, hospitals, and other healthcare providers who have agreed with an insurer or a third-party administrator to provide health care at reduced rates to the insurer's or administrator's clients.

Boulwarism

is a negotiation tactic named after General Electric's former vice president Lemuel Boulware, who pioneered the strategy. In negotiations with labor unions, it is an offer which is ultimate and to which no further revisions will be made.

Signing/Ratification Bonus

is a sum of money paid to a new employee by a company as an incentive to join that company.

job classification

is a system for objectively and accurately defining and evaluating the duties, responsibilities, tasks, and authority level of a job

Gain-sharing plan

is a system of management used by a business to increase profitability by motivating employees to improve their performance through involvement and participation. As their performance improves, employees share financially in the gain (improvement)

two-tier wage plan

is a type of payroll system in which one group of workers receives lower wages and/or employee benefits than another

defined contribution pension plan

is a type of retirement plan in which the employer, employee or both make contributions on a regular basis. Their future benefits fluctuate on the basis of investment earnings.

authorization card

is a union organizer's first step toward establishing a union as your exclusive bargaining unit. And if they get enough cards signed, then it's possible that everyone in that bargaining unit would be unionized without a secret ballot vote

union hiring hall

is an organization, usually under the auspices of a labor union, which has the responsibility of furnishing new recruits for employers who have a collective bargaining agreement with the union

Bureau Labor Statistics

is the principal fact-finding agency for the U.S. government in the broad field of labor economics and statistics and serves as a principal agency of the U.S. Federal Statistical System.

reporting pay

payment made to a worker who reports for work without having previously been told that no work is available.

call-in pay

payment of not less than an agreed amount to a worker called in for work at a time other than that of his or her regular shift

contract bar doctrine

provides that once a contract is executed, the National Labor Relations Board (NLRB) generally does not permit a representation election in the unit covered by the contract until the contract expires up to a 3 year limit

Reserved Rights doctrine

refers to a clause in an employment contract that lists management's rights or prerogatives. Such clauses state that the management has full authority over the items listed thereunder unless the contract limits management's rights in a particular area.

duty to bargain in good faith

refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation; however, neither party is required to make a concession or agree to any proposal

double breasting

refers two construction firms often sharing common ownership one of which is a signatory to a collective bargain agreement (the union firm) and the other that is not (the open shop firm).

illegal bargaining

subjects are those that cannot be legally bargained over by either party. They are subjects that would violate a law and cannot be entered into legally into a collective bargaining agreement even if both parties agree to do so

overtime premium pay rate

time and a half

back-loaded

where wage increases are placed towards the end of the contract

front- loaded

where wage increases are placed towards the front of the contract