A collective bargaining agreement is negotiated under the provisions of the ________ act.
University of Washington Human ResourcesUniversity of Washington Human Resources HomeLabor RelationsGlossary of termsTable of Contents Collective bargaining agreement (CBA) Dues (a.k.a. Union Dues, Membership Fee) Exclusive bargaining representative Federal mediation and conciliation services (FMCS) Illegal (prohibited) subjects of bargaining Joint labor-management/conference committee Mandatory subjects of bargaining Memorandum of understanding (MOU) Permissive subject of bargaining Across the board increaseA general raise in wages applied at one time to the pay tables of employees in a bargaining unit, also referred to as a “general wage increase.” ArbitrationA method of settling a labor-management disputes by having an impartial third party hold a formal hearing, take testimony, and render a final and binding decision. Bargaining unitA group of employees that the Public Employment Relations Commission (PERC) has certified as appropriate to be represented by a union for the purposes of collective bargaining. Collective bargainingThe process by which management and union representatives negotiate the employment conditions for a bargaining unit for a designated period of time. The parties have a mutual obligation to bargain in good faith in an effort to reach agreement with respect to wages, hours, and working conditions. This obligation does not compel either party to agree to a proposal or to make a concession. Commonly referred to as “negotiations” or “contract bargaining.” Collective bargaining agreement (CBA)The contract that embodies the results of the negotiations between the employer and the union, and sets forth their agreements. Community of interestA group of factors, such as duties, skills, working conditions, reporting lines, and other job-related issues, to be considered in determining whether a group of employees should be grouped together as an appropriate bargaining unit. Concerted activityAction taken by an employee or employees (generally on behalf of fellow workers) in order to improve working conditions or benefits. Bargaining law considers this type of activity protected from retaliation or reprisal. Counter-proposalAn offer made by one party in collective bargaining negotiations in response to a proposal by the other party. DecertificationA vote by members of a collective bargaining unit to dissociate from the union that represents them. In Washington, employee decertification petitions and proceedings are handled by the Public Employment Relations Commission (PERC). Dues (a.k.a. Union Dues, Membership Fee)Union dues are the basic fees that employees pay on a monthly basis to the union in order to obtain full rights of membership. The amount of dues is set by the union and may be a flat fee and/or a percentage of pay. Dues deductionThe withholding, by the employer, of union dues and fees from employees’ salary payments and the transmittal of these funds to the union. In the state of Washington, employees must provide written authorization in order for the dues and fees to be withheld from their paychecks. Duty of fair representationThe legal obligation for a union to fairly represent all employees in the bargaining unit without regard to factors such as union membership or membership in a protected class. Duty to bargainThe legally enforceable obligation of each party in a collective bargaining relationship to meet at reasonable times and places and negotiate in good faith with respect to wages, hours, and terms and conditions of employment. Exclusive bargaining representativeAn employee organization identified by the Public Employment Relations Commission (PERC) as the sole, official representative to bargain collectively for the employees in a bargaining unit. The exclusive bargaining representative is usually referred to as the “union.” Federal mediation and conciliation services (FMCS)An independent, federal agency that provides mediation, conflict resolution, training, and arbitration services to the private sector and governmental agencies. Good faith bargainingThe legal requirement that two parties in a collective bargaining relationship meet and negotiate at reasonable times and places, with a willingness to reach an agreement on the terms of a collective bargaining agreement. GrievanceGenerally, this is a formal complaint filed by the union alleging a violation, misapplication, or misinterpretation of one or more terms of the parties’ collective bargaining agreement. Collective bargaining agreements vary and may define this term differently. Illegal (prohibited) subjects of bargainingTopics that the parties are forbidden to bargain over. These include proposals for bargaining that would violate state or federal laws. Under RCW 41.80.040, state retirement plans and retirement benefits are illegal subjects of bargaining. Other bargaining laws have different illegal subjects. ImpasseThe point in collective bargaining negotiations at which either party determines that no further progress can be made toward reaching an agreement. Joint labor-management/conference committeeA forum for communication between the union and management to deal with matters of general concern between the parties. Such committees typically function in an advisory capacity, and do not include any decision-making or collective bargaining authority. At the UW, this is commonly referred to as a joint labor-management (or JLM), union-management, or conference committee, depending on the union. Just causeReferenced in many collective bargaining agreements, a widely-used term that requires the employer to use good and sufficient reasons to discipline employees. There are generally accepted elements of just cause that an employer must prove to an arbitrator in order for a disciplinary action to be upheld. Management rightsThe inherent rights of an employer to make decisions regarding its business. These may be expressly reserved to management in a collective bargaining agreement, or, as in RCW 41.80, they may be removed from the scope of collective bargaining by law. Mandatory subjects of bargainingBargaining issues that neither party may refuse to negotiate. They include wages, hours, and other terms and conditions of employment. MediationDuring negotiations, one or both parties may call in a mediator, who is a neutral third party. The mediator has no power to force a settlement, but works with the parties to help them arrive at a mutually acceptable agreement. Memorandum of understanding (MOU)A formal, signed agreement that serves as an addendum to the collective bargaining agreement. An MOU usually addresses a significant issue that emerged during the term of the agreement, and it represents the mutual understanding between the parties on that issue. An MOU can also be referred to as a memorandum of agreement (MOA), a letter of understanding (LOU), or a letter of agreement (LOA). Past practiceThe history of the way parties have behaved toward one another in the past that bears upon the expectations the parties have regarding negotiations in the future. Such practices, sanctioned by use and acceptance, are not specifically included in the collective bargaining agreement. To constitute a past practice the issue must be: 1) clear to the parties; 2) consistent in its application over a period of time; and 3) condoned by the parties. Arbitrators use past practice to interpret ambiguous language in the collective bargaining agreement. Permissive subject of bargainingIssues that are neither mandatory nor prohibited. Parties may agree to negotiate them, but neither party may insist upon its positions on a permissive topic to the point of impasse. Public employment relations commission (PERC)The Washington state agency with jurisdiction over public sector labor relations and collective bargaining in Washington. PERC is headed by three citizen commissioners appointed by the Governor. PERC adopts and enforces rules relating to the determination of appropriate bargaining units, makes determinations relating to the certification and decertification of union, and adjudicates unfair labor practice cases. RatificationFormal approval of a newly-negotiated agreement by a vote of the employees in a bargaining unit. Eligible voters in a union ratification are determined by the union’s bylaws and constitution. For most Washington state employees, the ratified agreements are then subject to legislative approval of the economic terms. Shop steward/delegateA bargaining unit member selected by a group of fellow members and/or appointed by union officials to carry out union representational duties in the workplace. Many union contracts at UW call these individuals stewards or delegates. Shop stewards are typically UW employees, unlike union representatives who are paid employees of the union. StrikeA temporary stoppage of work by a group of employees, not necessarily union members, to express a complaint, enforce a demand for changes in conditions of employment, obtain recognition, or resolve a dispute with management. The right to strike is not granted to employees of the state of Washington, per RCW 41.80.060 and RCW 41.56.120. Tentative agreement (TA)The agreement reached through bargaining prior to its ratification or final approval by the negotiators’ constituencies. Unfair labor practice (ULP)A violation of collective bargaining law by either party, which could include refusal to engage in collective bargaining or interfering with, restraining, or coercing employees in the exercise of their collective bargaining rights granted by statute. These illegal practices are specifically defined in RCW 41.80.110 and RCW 41.56.140 and 150. Union duesSee Dues, fees, and membership requirements. Union representative/agentA union staff member responsible for carrying out union representational duties in the workplace. At UW these are commonly called union representatives, labor advocates, or union business agents. A union representative is typically a paid employee of the union, (unlike a shop steward, who is usually a UW employee who is involved with the union). Union security provisionThe part of the collective bargaining agreement that addresses union membership, which directly affects union dues and fees. RCW 41.56 contains a similar provision for other groups of UW employees who are not covered by RCW 41.80. What is collective bargaining in negotiation?Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.
What can be negotiated in collective agreement?In summary, a collective agreement is a written agreement that sets out the: employment terms and conditions for unionized employees (for example, wages, hours, working conditions and benefits) rights, privileges and duties of everyone involved (the employer, union and employees)
What is Industrial Relations Act Cap 136?The Industrial Relations Act is an act to provide for the regulation of the relations of employers and employees and the prevention and settlement of trade disputes by collective bargaining, conciliation, arbitration and tripartite mediation of individual disputes.
Who created the Taft Hartley Act?The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.
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