Vocab for Final Test Flashcards

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
Q

Closed

Shop

A
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.
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26
Q

Coalition

Bargaining

A

A form of collective bargaining in which several
different unions representing different categories
of employees of a single employer attempt to
coordinate their bargaining.

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27
Q

Collective

Bargaining

A

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.

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28
Q

Collective
Bargaining
Agreement

A

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

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29
Q

Collusion

A
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
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30
Q

Company

Union

A

An employee organization, usually of a
single company, that is dominated or
strongly influenced by management.

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31
Q

Comparable

Worth

A

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.

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32
Q

Concession

Bargaining

A

This negotiation tactic refers to instances
when unions agree to surrender or
modify terms in the existing contract in
exchange for other benefits.

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33
Q

Confidential

Employee

A

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.

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34
Q

Conspiracy

Doctrine

A

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).

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35
Q

Cooling

Off Period

A

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

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36
Q

Cost-of-Living

Adjustment

A

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.

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37
Q

Cost-of-Living

Index

A

This indicator is a set of measurements
used by the Bureau of Labor Statistics to
track how much consumers are paying
for everyday necessities.

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38
Q

Craft

A

A manual occupation that requires
extensive training and a high
degree of skill.

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39
Q

Craft

Union

A

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.

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40
Q

Discouraged

Worker

A
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
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41
Q

Economic

Strike

A

A work stoppage resulting from a dispute over

wages, hours, or other working conditions.

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42
Q

Employment-at-Will

A

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.

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43
Q

End

Run

A

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.

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44
Q

Exempt

Employee

A

The amount a nonmember is compelled
to contribute to a union by a provision in
the collective bargaining agreement.

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45
Q

Fact-Finding

A
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.
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46
Q

Final Offer

Arbitration

A
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.
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47
Q

Featherbedding

A

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.

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48
Q

Federal
Mediation and
Conciliation
Service

A

An independent federal agency created in 1947,
which provides mediation services for
private-sector, disputes around the country.

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49
Q

Flextime

A

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.

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50
Q

Free

Rider

A

A worker in a bargaining unit who is eligible for

union membership but does not join the union.

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51
Q

Fringe

Benefits

A

A collection of benefits provided by an employer to their

employees in addition to their regular pay.

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52
Q

Front-Loaded

A

The practice of providing a greater wage
increase in the early period of a
multiyear, collective bargaining
agreement than in the later period.

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53
Q

Full Crew

Rule

A

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.

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54
Q

General

Strike

A
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.
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55
Q

Good Faith

Bargaining

A
The duty of negotiating parties (1) to
meet and discuss (2) at reasonable times
(3) with open minds to reach
reconciliation on applicable
disagreements.
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56
Q

Grandfather

Clause

A

A contract provision exempting persons or other
entities already engaged in an activity from rules
or legislation affecting that activity.

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57
Q

Grievance

A

An official statement of
complaint; a real or imagined
wrong or other cause for
complaint or protest.

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58
Q

Grievance

Arbitration

A

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.

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59
Q

Grievance

Procedure

A

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

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60
Q

Hot Cargo

Provisions

A

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.

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61
Q

Impasse

A

In negotiation, when two sides are unable to

reach an agreement and no progress is possible

62
Q

Increments

A

A series of successive additions to salary,

provided for in a salary schedule.

63
Q

Industry-wide

Bargaining

A
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
Q

Injunction

A

A court order restraining individuals or groups from
committing acts the court has determined will do irreparable
harm.

65
Q

Initiation

Fees

A

A payment to a union required of all new
members or members who have left the
union and want to return.

66
Q

Interest

Arbitration

A

This form of arbitration provides a method for resolving

disputes about the terms to be included in a new contract.

67
Q

International
Labor
Organization

A

An international body, this specialized agency of
the United Nations is dedicated to improving
labor conditions and living standards worldwide.

68
Q

International

Union

A

The national organization of a labor union, so
called because many unions have affiliates in
Canada

69
Q

Job

Action

A

A work slowdown, work-to-rule
or other organized action used
by employees as a means of
protest

70
Q

Job

Security

A

Generally, the quest to retain

one’s job.

71
Q

Journeyman

A
A craft worker who has
completed apprenticeship
training and been admitted to
full membership in a craft, but is
not yet a master.
72
Q

Judicial

Review

A
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
Q

Just

Cause

A

The standard that management must adhere to when

disciplining, discharging or managing an employee.

74
Q

Jurisdictional

Dispute

A

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
Q

Labor

Force

A

The actual number of people available for
work; this group includes both the
employed and the unemployed.

76
Q

Layoff

A

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
Q

Local

Union

A

The organization of a locally-based
trade union organization, which
forms part of a larger union.

78
Q
Landrum-Griffin
Act (Labor
Management
Reporting and
Disclosure Act)
A

A federal statute, passed in 1959, designed to rid unions of corruption and to
ensure internal union democracy

79
Q

Lockout

A

A suspension of work initiated by
the employer as the result of a labor
dispute

80
Q

Maintenance-of-Standards

Clause

A

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
Q

Master

Agreement

A

A collective bargaining agreement
covering a number of companies and one
or more unions or covering several plants
of a single employer.

82
Q

Maintenance-of-Membership

Clause

A
A provision in a collective
bargaining agreement requiring
employees to maintain membership
in the union for the duration of the
contract
83
Q

Management

Prerogatives

A

Employer’s or management’s unqualified-authority to
exercise its discretion in certain areas without discussions
with or the agreement of a union.

84
Q

Med-Arb

A

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
Q

Mediation

A

An attempt by a third party, usually a government
official, to bring together the parties to an
industrial dispute.

86
Q

Multiemployer

Bargaining

A

Collective bargaining involving
more than one company in a given
industry and resulting in a master
agreement.

87
Q

National Labor
Relations Act
(Wagner Act)

A

A federal law passed in 1935 that had the effect of generally strengthening
the position of organized labor.

88
Q

National Labor
Relations
Board

A

The board’s
primary duties are to hold elections to
determine representation and to interpret
and apply the law concerning unfair labor
practices

89
Q

Negotiation

A

A discussion aimed at reaching an

agreement.

90
Q

Occupational
Safety and
Health Act
(OSHA) of 1970

A

A statute developed to assure safe and healthful

working conditions for men and women.

91
Q

Occupational
Safety and Health
Administration
(OSHA)

A
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
Q

Open

Shop

A
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
Q

Past

Practice

A

A process or action that has been recognized
and accepted by all parties as accepted
behavior.

94
Q

Pattern

Bargaining

A

Negotiation in which key terms reached in a
settlement in one company is closely followed by
negotiations in other companies.

95
Q

Permanent

Umpire

A

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
Q

Portal-to-Portal

Pay

A

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
Q

Preferential

Hiring

A

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
Q

Picketing

A

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
Q

Premium

Pay

A

A rate of pay that is greater
than the regular rate of pay
because of inconvenience or
unpleasantness.

100
Q

Production

Worker

A
worker connected directly
with manufacturing or
operational processes in
industry, as contrasted with a
supervisory or clerical workers.
101
Q

Productivity

Bargaining

A

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
Q

Professional

Employee

A

An employee whose work is predominantly
intellectual, who has undergone advanced
specialized training, and whose work requires
the exercise of independent judgment.

103
Q

Quickie

Strike

A

A strike action that is not authorized
by a union or that is against the
collective bargaining agreement.

104
Q

Recognition

A
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
Q

Reopening

Clause

A
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
Q

Representation

Election

A
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
Q

Retroactive

Pay

A
  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
Q

Rights

Dispute

A
A controversy over the
interpretation, application,
administration or alleged violation of
the terms and conditions of an
existing collective bargaining
agreement.
109
Q

Right to

Work Laws

A
State laws prohibiting union shop,
maintenance-of-membership clauses,
preferential hiring, or any other contract
provisions calling for compulsory union
membership.
110
Q

Runaway

Shop

A

A practice when a unionized business
moves to another location to escape
union labor regulations or state laws

111
Q

Scab

A
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
Q

Seniority

A

A measure of an employee’s position or status
as determined by length of continuous
employment.

113
Q

Service

Worker

A

A worker whose job is to provide
personal assistance, protective
service, or current maintenance for
buildings and residences

114
Q

Scope of

Bargaining

A

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
Q

Severance

Pay

A

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
Q

Shop

Committee

A
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
Q

Shop

Steward

A

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
Q

Slowdown

A
A deliberate reduction of
output by workers in an
attempt to win
concessions from an
employer.
119
Q

Speedup

A

Speedup An increase in
production without a
compensating increase in
wages to workers;

120
Q

Stretch-Out

A

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
Q

Strike

Benefits

A

Compensation and benefits offered by a
union to striking workers during a strike
action.

122
Q

Strikebreaker

A

A person who works despite an

ongoing strike

123
Q

Strike

Fund

A

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
Q

Strike

Notice

A

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
Q

Take-Home

Pay

A
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
Q

Time-and-a-Half

Pay

A

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
Q

Two-Tier

Wages

A

An arrangement whereby compensation
for new hires is substantially below that of
current employees doing the same work.

128
Q

Unfair
Labor
Practice

A

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
Q

Union

Label

A

An imprint attached to a product
indicating that article was made by union
workers.

130
Q

Union

Organizer

A
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
Q

Union

Shop

A

The process of establishing a unit of appropriate job titles

for the purpose of collective bargaining.

132
Q

United States
Department of
Labor (U.S.
DOL)

A

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
Q

Vesting

A
A strike, quickie strike,
or wildcat strike. Such
strike actions are often
spontaneous and not
sanctioned by unions.
134
Q

Whipsaw

Bargaining

A

A bargaining technique used in
conjunction with a strike against only one
or a few employers in an industry.

135
Q

Whipsaw

Strike

A

A strike technique focusing against only one
employer of a larger group, typically the weakest,
when the union could have struck them all

136
Q

Wildcat

Strike

A

A work stoppage
violating the contract
and not authorized by
the union.

137
Q

Wildcat

Strike

A

A negotiated stipulation in a labor contract that limits the conditions under
which management may direct the performance of labor

138
Q

Work-to-Rule

A

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
Q

Yellow-Dog

Contract

A

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
Q

Zipper

Clause

A

A standard provision in a negotiated contract that
attempts to preclude any negotiations of
employment conditions during the life of the
contract.

141
Q

industrial

Pluralism

A

The idea that employees and employers ability to negotiate
workplace conditions as co-equals helps to control the
conflict between these two groups.

142
Q

Employer

A

A legal entity that controls and
directs workers under an express or
implied contract of employment.

143
Q

Employee

A

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
Q

Supervisor

A
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
Q

Salting

A

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
Q

Excelsior

List

A
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
Q

Agency

Fee

A
In an agency shop, which
can hire union or nonunion
workers, the nonunion
workers must pay this fee
to cover collective
bargaining costs.
148
Q

Certification

Election

A
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
Q

Greenfield

Operation

A
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
Q

Agency

Shop

A

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.