Chapter 7,8,9,10 Terms Flashcards
7 Arbitration
is a dispute resolution method in which management and union representatives present evidence and arguments to a third party.
7 Articles
are the terms or clauses in a collective agreement.
7 Bargaining unit work
is the work normally done by employees in the bargaining unit.
7 Bumping or bumping rights
is the displacement of an employee by another who has more seniority and would otherwise be laid off.
7 Closed shop
is a place of work in which an individual must be a union member before being hired; new employees are hired through the union.
7 Collective agreement
is a formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.
7 Contracting out
occurs when an employer arranges for another firm to do work that is or could be done by the employer’s own employees.
7 Cost-of-living allowances (COLA)
are provisions that provide an increase in pay for employees based on a formula linked to the rate of inflation.
7 Deemed termination
is a contract term providing that an employee is dismissed if he or she is absent for a specified time.
7 Directory time limits
are viewed as a guide and it is possible that the grievance will be allowed to proceed even if the time limit is not met.
7 Dues check off
is the deduction of union dues from employees’ pay by the employer and remittance of the dues to the union.
7 Expedited arbitration
is an alternative arbitration process that provides for a faster result.
7 Grievance
is an allegation that the collective agreement or an employment statute has been violated, together with the remedy that is claimed to rectify the situation.
7 Grievance procedure
is a series of steps in which union and employer representatives at progressively higher levels meet to try to resolve the dispute.
7 Group grievance
is an allegation by a number of employees that the employer has violated the collective agreement or a statute in the same manner for all the employees affected and a statement of the remedy sought.
7 Hybrid seniority
provision combines sufficient and relative ability.
7 Individual grievance
is an allegation by an employee that the employer has violated the collective agreement or a statute and includes a statement of the remedy sought.
7 Lockout
is an employer’s refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment.
7 Maintenance of membership
is a type of union security in which employees are not required to join the union as a condition of employment, but all workers who voluntarily join must maintain their membership for the duration of the agreement as a condition of employment.
7 Management rights
is an article providing that management retains the authority to manage the organization, except as otherwise provided in the collective agreement.
7 Mandatory terms
are provisions that must be included in collective agreements because they are required by legislation.
7 Mandatory time limit
must be met and the grievance might be dismissed if a step is not taken within the time allowed.
7 Modified union shop
is a place of work in which non-union employees already employed do not have to join the union, but all new employees must join, and those already members must remain in the union.
7 Open shop
is a place of work in which union membership is not required for an individual to obtain a job or continue employment.
7 Policy grievance
is an allegation by either the union or the employer that the other has violated the collective agreement.
7 Prohibited terms
are articles that cannot be included in a collective agreement as such language is contrary to legislation governing the workplace(s) located in the jurisdiction(s).
7 Rand formula or agency shop
is a collective agreement term requiring the deduction of union dues from all employees in the bargaining unit, even for those employees who decide not to formally join the union.
7 Recall notice
The agreement will usually provide that employees who have been laid off will be recalled to work in order of seniority.
7 Relative or competitive ability clause
is a provision that seniority will only be referred to if the skill and ability of two employees competing for a job are relatively equal.
7 Reserved or residual rights
is a theory that the employer has all rights to manage the organization except as expressly restricted by the collective agreement.
7 Rights arbitration
is a dispute resolution method using a third party to make a final and binding decision regarding an unresolved grievance arising from the collective agreement.
7 Seniority
is an employee’s length of service with the employer.
7 Steward
is an elected union local official who assists employees with issues, including grievances, that arise in the course of administration of the collective agreement.
7 Strike
is the refusal to work or the restriction of output by unionized employees.
7 Sufficient ability clause
is a provision that the employee with the most seniority is awarded a job provided he or she has enough ability.
7 Sunset clause
is language in a collective agreement that effectively removes from the employee’s record previous discipline after a certain period of time or a length of time in which the employee has been “discipline-free.”
7 Super-seniority
is a provision that specified union officers will be the last to be laid off.
7 Union recognition
is a required article in a collective agreement stating that the employer recognizes the union as the sole bargaining agent for a specified group of employees.
7 Union security
may be understood as measures taken by the union in collective bargaining to help “secure” the ongoing presence and influence of the bargaining agent in a unionized work setting.
7 Union shop
is a place of work in which new employees do not have to be union members to be hired but must become union members within a specified number of days.
7 - Voluntary terms
are articles that the union and management agree to include in collective agreements even though not required by legislation.
8 - Attitudinal structuring
refers to the parties’ relationship and what they do to change it.
8 Bargaining structure
refers to the number of unions, employers and establishments involved in contract negotiations.
8 Caucuses
are separate meetings of members of the union or management bargaining teams used to discuss strategy or decisions related to negotiations.
8 Centralized bargaining
refers to negotiations that cover more than one location, bargaining unit or employer.
8 Decentralized bargaining
refers to negotiations between one employer and one union for one location.
8 Distributive bargaining
is a negotiation activity whereby limited resources are divided between the parties.
8 Duty to bargain in good faith
means that both the union and the employer must make reasonable efforts to reach agreement.
8 Final offer vote
is a vote by employees on an offer made by the employer.
8 First contract arbitration
provides for the imposition of an agreement where efforts to reach a first contract have failed.
8 Hard bargaining
is a legitimate attempt to obtain a favourable agreement.
8 Industry bargaining
is a centralized bargaining structure in which one negotiation covers all employees in an industry
8 Initial position
is a party’s first offer or demand in negotiations.
8 Integrative bargaining
is negotiation in which the parties’ objectives are not in conflict and joint gain is possible
8 Interest-based bargaining
is an approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both.
8 Intra-organizational bargaining
refers to activities within each side to build a consensus.
8 Monetary issues
are issues that involve a direct financial cost.
8 Non-monetary issues
are issues that do not involve a direct financial cost.
8 Pattern bargaining
occurs when a union negotiates an agreement with one employer and then attempts to have it copied with other related employers
8 Ratification vote
is one in which employees approve or reject an agreement that has been negotiated by the parties.
8 Resistance point
is a negotiating party’s bottom line—the least favourable offer it will accept.
8 Statutory freeze
is a period when the employer is prohibited from making changes in the terms of employment unless the change is carrying on a “business as usual” basis.
8 Surface bargaining
is bargaining aimed at avoiding an agreement
8 Target point
is the result a negotiating party hopes to achieve.
8 Whipsawing
involves establishing an agreement with one party and then using the agreement to pressure others.
9 Arbitration
is a dispute resolution method in which management and union representatives present evidence and arguments to a third party.
9 Back-to-work legislation
ends a strike or lockout and usually imposes interest arbitration to settle all unresolved bargaining issues between the parties.
9 Chilling effect
refers to parties’ unwillingness to make concessions during negotiation.
9 Conciliation board
is a three-person panel that hears the bargaining positions of the parties on unresolved items to be dealt with in collective bargaining and then makes recommendations for a settlement.
9 Conciliation officers
are government ministry employees who attempt to assist the parties to reach an agreement on the unresolved issues in collective bargaining.
9 Cooling-off period
is the time the parties must wait after conciliation before they can strike or lockout.
9 Fact-finding
is a process found in some private and public-sector labour relations statutes.
9 Final offer selection
is a type of interest arbitration in which the arbitrator chooses between the union’s and employer’s offers.
9 Hot cargo clause
allows employees to refuse to work with goods associated with an employer engaged in a labour dispute.
9 Injunction
is a court-ordered, time-limited restriction on the location, timing or extent of picketing during a legal strike.
9 Interest arbitration
involves a third-party process of hearing the parties and imposing the final terms of a collective agreement.
9 Item-by-item final offer selection
the arbitrator chooses between the union and the employer offers separately for each contract issue.
9 Lockout
is an employer’s refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment.
9 Mediation-arbitration (med-arb)
sees the third party first act as a mediator, and if no agreement is reached then as an arbitrator to settle the dispute.
9 Mediators
attempt to assist the parties by actively engaging in union–management negotiations and introducing possible alternatives in contract proposals to facilitate a settlement on outstanding bargaining issues.
9 Narcotic effect
refers to the parties losing the capability to negotiate their own agreement.
9 No-board report
confirms that a conciliation board will not be appointed and begins the countdown to when a strike or lockout may commence.
9 Rotating strikes
occur when employees at different locations alternately stop working.
9 Secondary picketing
refers to picketing at a location other than the workplace of striking employees.
9 Strike
is the refusal to work or the restriction of output by unionized employees.
9 Strike pay
is money paid by the union to members participating in picketing or other strike-related duties.
9 Total-package final offer selection
the arbitrator selects all of the union’s or the employer’s offer.
9 Wildcat strike
is an illegal strike that has not been authorized by the union.
9 Work-to-rule
campaign is a work slowdown carried out by strictly adhering to work rules and the collective agreement.
10 Agreed statement of facts
sets out the matters that the parties have agreed upon.
10 Arbitrability
refers to whether an arbitrator has authority to hear a dispute.
Argument in the alternative
10 refers to a party making an argument it wishes the
arbitrator to accept if its primary argument is not accepted.
10 Burden of proof
refers to who must prove the facts in dispute.
10 Constructive layoff
refers to the reduction of hours for some employees.
10 Culminating incident
is a further occurrence of employee misconduct that becomes the cause for dismissal when considering the individual’s total disciplinary history.
10 Culpable absenteeism
is absenteeism in which the employee is at fault or there is blameworthy conduct.
10 Duty of fair representation
prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith.
10 Estoppel
is a legal concept providing that if a party makes a representation that an issue will be dealt with in a manner different from the provisions of the collective agreement, it will not be able to later insist upon the collective agreement being enforced as written.
10 Expedited arbitration
is an alternative arbitration process that provides for a faster result.
10 Grievance mediation
is a confidential process in which a mediator helps the parties negotiate a settlement to a grievance.
10 Grievance rate
is the number of grievances filed divided by the number of employees in the bargaining unit.
10 Innocent absenteeism
is absenteeism where the employee has no control over the absence from work.
10 Interest arbitration
involves a third-party process of hearing the parties and imposing the final terms of a collective agreement.
10 Last chance agreement
provides that an employee guilty of misconduct will be retained or reinstated subject to conditions being met and will be discharged if the agreement is breached.
10 Minutes of settlement
of settlement or memorandum of settlement is a document that sets out the terms of an agreement to resolve a grievance.
10 Obey now, grieve later
is a rule that summarizes the requirement that employees must obey management instructions and then file a grievance at a later time.
10 Onus
is the legal burden of responsibility to prove a presented case at arbitration.
10 Ownership of the grievance
refers to the issue of who decides whether a grievance is filed, settled, withdrawn or referred to arbitration.
10 Privileged communications
refers to discussions that cannot be referred to at an arbitration hearing.
10 Progressive discipline
means that the employer imposes a lesser penalty for a first offence and applies more severe penalties if there is further misconduct.
10 Rights arbitration
is a dispute resolution method using a third party to make a final and binding decision regarding an unresolved grievance arising from the collective agreement.
10 Waiver
is a legal concept meaning acceptance of the rule that if a party does not object to a procedural error it cannot raise the issue later.
10 Without precedent
is a basis for settlement that means it cannot be referred to in any subsequent proceedings.
10 Without prejudice
is a label identifying documents that cannot be referred to at a subsequent arbitration hearing.
