| If
you are new to labor unions, there are some terms that you may come across
during your quest for information about unions.
Agency Shop Clause
A clause which requires an employee to pay the substantial equivalence
of union dues in lieu of union membership.
Arbitration
A formal hearing process, similar to a trial, where a third party (the
arbitrator) decides who should prevail in a dispute. The culmination of
the grievance process. At airlines, arbitration cases are decided before
a System Board of Adjustment, defined below.
Assessment
Monetary amount payable to the union which is imposed on employees at
the discretion of the union when the union's funds drop below a certain
amount. This amount is over and above any amount required to be paid by
the employee for union dues.
Bylaw
The local labor union's set of rules. All members of the union are bound
by these rules.
Collective Bargaining
The process of negotiating a contract between a company and a labor union.
Contract
The agreement encompassing wages, benefits, and working conditions, that
a labor union has with a company by which all covered employees are bound.
This typically includes clauses like: Super Seniority, Management Rights,
Dues Check Off, and Union Shop.
Cooling Off Period
The 30-day period after the end of direct negotiations, mediation, and
a proffer of arbitration from the NMB, before which either party is prohibited
from engaging in self-help.
Decertification
The process of removing a union as a representative of a craft or class.
There is no formal decertification process under the Railway
Labor Act. The only way to decertify a union under the RLA is for
the employees to use the procedures designed for other unions to challenge
an incumbent union. Absent extraordinary circumstances, the NMB will not
accept an application for another election for a period of two years from
the date that the results of the election won by the incumbent union were
certified. Decertification of unions through this process is very rare.
Dues
One of the costs each union member pays to be in the union. Dues are typically
deducted from your paycheck to ensure payment. (See Dues
Check Off)
Dues Check Off
A contract clause which enables the union to automatically receive your
member dues through a paycheck deduction.
Fines
A monetary amount payable to the union which employees may incur as a
result of being disciplined by the union. This amount is over and above
any amount required to be paid by the employee for union dues.
Grievance
A formal protest over an interpretation of the Collective Bargaining Agreement
or discharge or discipline of an employee.
Initiation Fees
A monetary amount employees are required to pay to the union before the
employee will be considered by the union to be a member. This amount is
over and above any monthly amount required to be paid by the employee
for union dues. Almost all unions waive initiation fees during their initial
drive to organize new employees.
Labor Union
An organization that provides services to its members in exchange for
dues.
Lay Off
When a company is unable to compete and must reduce expenses, they may
be forced to send some employees home. A lay off is usually considered
"temporary" until the company is able to regain financial stability.
LM-2
A financial statement that labor unions are required to file annually
with the U.S. Department of Labor. View
a copy of the 2004 APWU LM-2.
Management Rights
Those aspects of an employer's operations which do not require discussion
with the union, or rights reserved by management and not subject to collective
bargaining, including the right to: (1) direct and control its work force;
(2) determine the means, processes, materials, and schedules of production;
(3) utilize fully its work force and machines; and (4) maintain employee
discipline and production efficiency.
Mediation
The process that occurs when a third party (the mediator appointed by
the National Mediation Board) is utilized in an attempt to bring the union
and the carrier together voluntarily on a Collective Bargaining
Agreement.
National Mediation Board (NMB)
The independent federal agency established to administer the RLA.
Penalties
Part of most union bylaws. This clause states that
the union can put its members on trial for violating the union's rules.
If found guilty, the member might have to pay a fine.
Railway Labor Act
The labor law that covers labor relations for airlines and railroads.
The RLA is administered by a federal agency in Washington D.C. known as
the National Mediation Board.
Self-Help
By a union, usually a strike; by a carrier, unilateral imposition of wages,
benefits and work rules, or a lock out of all employees.
System Board of Adjustment
The formal process for hearing and resolving grievances.
The collective bargaining agreement between the parties will provide the
specifics for this process, however, there are usually two System Boards,
a four-member Board which consists of two members chosen by the company
and two members chosen by the Union; and a five-member Board which adds
a neutral outside arbitrator jointly chosen by the Company and Union.
The five-member Board becomes involved in the resolution of grievances
only if the four-member Board cannot reach a majority decision to resolve
the dispute.
Union Security or Union Shop
A clause in a contract that requires all employees to join the union and
pay dues after a certain number of days of employment in order to keep
their job, or allows the employee to assume dues objector status, and
pay a substantial equivalent amount in "agency fees" to the
union.
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