The Collective Agreement Flashcards
Mandatory Terms
Provisions that must be included in collective agreements because they are required by legislation
Voluntary Terms
Provisions that the parties agree to include in the collective agreement; however, they are not required by legislation
Articles
The terms or clauses in a collective agreement
Recognition Article
A term in a collective agreement providing that the employer recognizes the union as the bargaining agent for a specified group of employees
Grievance
An allegation that the collective agreement or an employment statute has been violated, together with the remedy that is claimed to rectify the situation
Grievance Procedure
A series of steps in which union and employer representatives at progressively higher levels meet to try to resolve the dispute
Steward
An elected local union official who assists employees with issues, including grievances, that arise in the course of administration of the collective agreement
Arbitration
A dispute resolution method in which the parties present evidence and arguments to a third party who makes a final, binding decision
Mandatory Time Limit
Must be met and the grievance might be dismissed if a step is not taken within the time allowed
Directory Time Limits
Viewed as a guide and it is possible that the grievance will be allowed to proceed even if the time limit is not met
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
Check-Off
The deduction of union dues from employees’ pay by the employer and remittance of the dues to the union
Rand Formula or Agency Shop
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
Closed Shop
A place of work in which an individual must be a union member before being hired; new employees are hired through the union
Union Shop
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
Modified Union Shop
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
Maintenance of Membership
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
Open Shop
A place of work in which union membership is not required for an individual to obtain a job or continue employment
Management Rights
An article providing that management retains the authority to manage the organization, except as otherwise provided in the collective agreement
Reserved or Residual Rights
A theory that the employer has all rights to manage the organization except as expressly restricted by the collective agreement
Contracting Out
Occurs when an employer arranges for another firm to do work that could be done by the employer’s own employees
Sunset Clause
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”
Super-Seniority
A provision that specified union officers will be the last to be laid off
Bumping Rights
The displacement of an employee by another who has more seniority and would otherwise by laid off
Sufficient Ability Clause
A provision that the employee with the most seniority is award a job provided he or she has enough ability
Relative or Competitive Ability Clause
A provision that seniority will only be referred to if the skills and ability of two employees competing for a job are relatively equal
Hybrid Seniority
A provision combines sufficient and relative ability
Collective Agreement Provisions (4)
- Rights & Obligations of Parties
- Conditions of Employment
- General Work Rules
- Work Environment
