Union rules and practices come with a lot of terminology. Here is a rundown of some words and phrases that come up a lot when Equity is negotiating for a new agreement.
BARGAINING AGENT – The union certified by the NLRB, or recognized voluntarily by the employer, as the exclusive representative of all employees in the bargaining unit for purposes of collective bargaining (ex. Actors’ Equity Association).
BARGAINING TEAM – Also known as a NEGOTIATING TEAM, A group of union leaders and members who are appointed or elected to serve as the representatives of the union during collective bargaining. Distinct from the Contract Committee, although they might have overlap of members.
BARGAINING UNIT – A group of employees with enough in common to collectively bargain with their employer is known as a BARGAINING UNIT.
CAUCUS – A meeting of either side (union or management) without the other present. Either side may call for a caucus at any time during a grievance meeting, labor management meeting or negotiations. Caucuses are usually taken to consider a proposal, change the tone of the meeting, to analyze what is happening, etc.
CERTIFICATION – Official recognition by a labor relations board that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit for the purpose of collective bargaining.
COLLECTIVE BARGAINING – The process through which representatives of the employees (such as an association or union) and their employer determine the conditions of employment through direct negotiation is called COLLECTIVE BARGAINING. This normally results in a written contract called a COLLECTIVE BARGAINING AGREEMENT or CBA.
COLLECTIVE BARGAINING AGREEMENT (a.k.a. CBA) – The COLLECTIVE BARGAINING AGREEMENT, often referred to as a CBA, is a written contract between an employer and an association or union, usually for a definite term, that defines conditions of employment such as wages, hours, vacations, holidays, overtime payments, working conditions, etc.; the rights of the employees and their association or union; and procedures to be followed in settling disputes or handling issues that arise during the life of the agreement.
CONCERTED ACTIVITY / ACTIONS – Action taken by an employee or employees (generally on behalf of fellow workers) to improve working conditions or benefits. Bargaining law considers this type of activity protected from retaliation. These may go from member surveys up to strikes.
COUNTER-PROPOSAL – An offer made by one party in collective bargaining negotiations in response to a proposal by the other party.
GOOD FAITH BARGAINING – The legal requirement that two parties in a collective bargaining relationship meet and negotiate at reasonable times and places, demonstrating a genuine desire to reach an agreement.
IMPASSE – The point in collective bargaining negotiations at which either party determines that no further progress can be made toward reaching an agreement. An impasse typically triggers a mandatory dispute resolution or impasse procedure, and could mean the employer can implement their “last best and final” offer without approval.
LAST, BEST AND FINAL – A formal ultimate offer made in a negotiation process by one party, used to convey that further negotiation will not be undertaken – the offer may only be accepted or rejected.
LOCKOUT (JOINT LOCKOUT) – A temporary withholding of work or denial of employment to a group of employees by an employer during a labor dispute in order to compel a settlement at or close to the employer's terms. A joint lockout is such an action undertaken at the same time by a group of employers. Technically, the distinction between a strike and lockout turns on which party initiates the stoppage. One, however, can develop into the other. Both strikes and lockouts are regulated by the NLRB.
MANAGEMENT RIGHTS – The inherent rights of an employer to make decisions regarding its business. These may be expressly reserved to management in a collective bargaining agreement.
MEDIATION – An attempt by an impartial third party, called a mediator, to bring the parties in a labor dispute together. The mediator has no power to force a settlement but rather operates primarily through persuasion to help the negotiating parties reach an agreement.
NATIONAL LABOR RELATIONS BOARD (NLRB) – An independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions.
PAST PRACTICE – The history of the way the parties have behaved toward one another in the past. Arbitrators use past practice to interpret ambiguous language in the collective bargaining agreement.
RANK AND FILE – The members of a union who do not hold an elected position in the union.
RATIFICATION – The formal approval of a newly negotiated agreement by vote. Eligible voters in a contract ratification vary from contract to contract.
SCOPE OF BARGAINING – Three designations, defined by law or precedence for collective bargaining:
MANDATORY – subjects over which the employer and union must bargain if a proposal is made by either party, including wages, grievance procedures, workplace safety and more.
PERMISSIVE / VOLUNTARY – Topics that are not mandatory but may still be negotiated if both parties agree.
PROHIBITED / ILLEGAL – Topics that may not be negotiated because they violate employment or labor law
STRIKE – A temporary work stoppage by workers to support their attempts to improve working conditions after talks with an employer hit a brick wall. Many Collective Bargaining Agreements have a “no strike clause” forbidding this kind of job action while the contract is in effect. Workers should always check in with their union representatives before engaging or participating in any job actions. In theatre, strike is also the act of taking the set down after a production closes.
TENTATIVE AGREEMENT / TA – An agreement reached by the union and employer bargaining teams. TA refers to both individual proposals as well as the overall contract. Both sides must ratify the TA before it can become an official effective agreement.
UNFAIR LABOR PRACTICE / ULP – An action by an employer or a union that violates the National Labor Relations Act (NLRA).The National Labor Relations Board (NLRB) has created an extensive listing of employer actions that it considers would unduly interfere with an individual employee's labor rights. There are five categories of unfair labor practices for employers that are prohibited under the NLRA:
Interference, restraint, or coercion. An employer cannot interfere with, restrain, or coerce employees in the exercise of their rights. Most violations of this section include supervisors who (a) make threatening statements, (b) question employees who assert their labor rights, or (c) make false statements to workers seeking unionization.
Employer domination or support of a labor organization. An employer may not try to dominate or interfere with the formation or administration of any labor organization, or to contribute financial or other support to such an organization.
Discrimination on the basis of labor activity. An employer may not discriminate against an employee in hiring, or tenure of employment, or any term or condition of employment in order to encourage or to discourage membership in any labor organization.
Discrimination in retaliation for going to the NLRB. An employer may not discharge or otherwise discriminate against an employee in terms and conditions of employment because he or she has filed charges or given testimony.
Refusal to bargain. An employer will be in violation of the NLRA if the company (a) refuses to bargain collectively with the representatives of the employees, (b) refuses to recognize a majority union, (c) takes unilateral actions, (d) refuses to provide necessary information to union representatives, (e) refuses to sign a written contract once an agreement is reached, (e) or imposes conditions on its willingness to bargain.
UNION – A group of employees who unite and have legal rights to form a group that collectively advocates for better conditions at their workplace on behalf of themselves and others.
This is part of a larger story on how Equity negotiates our Collective Bargaining Agreements.