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Glossary of Terms Commonly Used in Labor Relations

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Glossary of Terms Commonly Used in Labor Relations GLOSSARY OF TERMS COMMONLY USED IN LABOR RELATIONS Advisory Arbitration–See Arbitration. American Arbitration Association (AAA)–A private Agency Shop–Agreement which requires that all employ- non-profit organization established to promote arbi- ees in the bargaining unit who do not join the employee tration as a method of settling commercial and labor organization pay a representation fee in lieu of union disputes. The AAA provides lists of qualified arbitrators dues to help defray the organization’s expenses as to employee organizations and employers on request as exclusive representative. In New Jersey, in accordance well as legal and technical assistance to arbitrators. with the Employer-Employee Relations Act, the avail- Anti-Union Animus–Employment decision that is taken ability of an agency shop arrangement is a negotiable without a legitimate business motive which discrimi- topic. The New Jersey Law establishes several condi- nates against an employee because of union activity; an tions for this agreement, including specific directions unfair labor practice under the New Jersey Employer- relegating the representation fee. Under the Law, those Employee Relations Act. fees cannot exceed 85% of the regular membership dues. These fees must be based upon the union’s Appropriate Unit–See Bargaining Unit. expenditures, for bargaining and relevant lobbying Arbitration–A dispute resolution procedure in which activities, in the previous year. The right to determine an impartial third party renders a decision on an issue the fee rests with the union; the employer has no role submitted by the parties. in establishing the fee. However, before an employer Grievance Arbitration (Rights Arbitration)–A contractu- may deduct a representation fee from an employee’s ally agreed-upon procedure for the settlement of griev- paycheck, a union must establish a demand and return ances, usually involving interpretation and application system. See Demand and Return System. of the collective bargaining agreement or past practices, Under a 2002 amendment to the PERC Law, unions by a neutral third party. in New Jersey that fail to obtain the employer’s agree- ment to an agency shop provision may petition the Advisory Arbitration–The terms of settlement rendered Public Employment Relations Commission to order the by the arbitrator are in the nature of recommendations, employer to institute a representation fee deduction. which the parties are not obligated to accept. (For further information, see the article “An Analysis of Binding Arbitration–The parties are compelled to an Agency Shop Provision” elsewhere in The Negotia- accept and abide by the terms of the arbitrator’s tions Advisor.) award, which is enforceable in the courts. Mandated by N.J.S.A. 34:13A-29 for school employees’ grievances Agreement–See Collective Bargaining Agreement. over reprimands and discipline as defined by N.J.S.A. Agent, Negotiations –Any organization, agency, or 34:13A-22 et seq. person authorized or designated by a public employer Interest Arbitration–Distinguished from grievance arbi- or public employee unions to act on its behalf and tration. A procedure, provided by N.J.S.A. 34:13A-16 represent it or them in the collective negotiations for the resolution of bargaining deadlocks involving process. If the agent is cloaked with ‘‘apparent author- police and fire fighters. A neutral third party is chosen ity’’ any illegal actions the agent commits, such as by the parties or appointed by an administrative agency unfair labor practices or conduct subject to court as in other forms of arbitration. litigation, implicate the employer or union the agent represents, even if the illegal act was not authorized Authorization Card–Statement signed by an employee or approved. designating an employee organization to act as his representative in collective bargaining. An employee’s The terms in this glossary have been defined, by the Labor Relations Department, to reflect the unique aspects of New Jersey public sector labor law. Two excellent sources for additional terms, which were utilized in the preparation of this glossary, are: Shaughnessy, Marlene revised by Marjorie Watson Information Sources for New Jersey Public Sector Collective Bargaining, Institute of Management and Labor Relations, Rutgers University, 1976; Terms in Public Sector Labor Relations: A Practitioners Guide, Midwest Center for Public Sector Labor Relations, Indiana University. REFERENCES Glossary 1W03 signature on an authorization card does not necessarily Check-Off–See Dues Check-off. mean that he is a member of the organization but Clarification of Unit–See Unit Clarification. rather indicates that the employee supports the union in its quest to become the majority representative. The Coalition Bargaining–See Coordinated (Coalition) signing of authorization cards is the first step in the Bargaining. establishment of bargaining rights. Collective Bargaining Agreement–The document Bar Rules–Procedural barriers, established by law to incorporating the results of the negotiations between promote labor stability by providing continuity for the the parties; a written instrument setting forth the terms bargaining agent and bargaining unit. and conditions of employment, grievance resolution Certification/Election Bar–Protects a newly certified procedures, and any other accords resulting from representative for a period of at least one year from collective bargaining. Also known as the contract, the possibility of facing another election, and protects agreement, etc. PERC requires that the terms of a a bargaining unit from being modified except through collective bargaining agreement be reduced to writing the filing of a clarification of unit position. and that the terms of a collective bargaining agreement cannot be changed unilaterally by either party. Contract Bar–Protection during the life of an agreement which limits the filing of representation petitions to Collective Bargaining Unit–See Bargaining Unit. the ‘‘open period.’’ In New Jersey school contracts, Collective Negotiations (Collective Bargaining)–A petitions challenging the exclusive status of an employee method in which representatives of the employees organization must be filed between September 1 and and employer determine the terms and conditions October 15 during the last year of an existing contract. of employment of all positions in a bargaining unit Bargaining Unit (Negotiating Unit) –A group of through direct negotiations. employees that has been recognized by the employer, Commission–See PERC. or certified by PERC, as constituting an appropriate unit for the purposes of collective bargaining. Community of Interest–A factor to be considered in determining whether employees should be grouped Bergenfield Letter–A statement made prior to or during together as an appropriate bargaining unit. Community negotiations which indicates that a board of education’s of interest is not defined by the New Jersey Employer- bargaining agent is only cloaked with the authority Employee Relations Act, but the Public Employee to reach a tentative agreement and that the authority Relations Commission has ruled that a community of to ratify or reject the tentative agreement rests with interest arises among all nonsupervisory employees in the full board. a school district (both certificated and noncertificated) Binding Arbitration–See Arbitration. because school district employees have a common employer, work in the same buildings, and have similar Cap (On Cost of Benefits)–A provision which places goals and purposes, i.e., the education and betterment a dollar or a percentage limitation on an employer’s of students. liability to fund increased costs of a particular benefit. Caps are useful tools to contain rising health benefit Comparative Data–Statistical data used to make com- costs. parisons between levels of employee compensation. Frequently used to support bargaining proposals. Boards Caucus–In collective negotiations, when either party should ascertain that the data reflects similarities in the requests a recess from bilateral at-the-table delibera- districts’ demographics and other working conditions. tions for the purposes of discussing any bargaining issue by itself. Concerted Activity–Usually means a strike, but refers to any kind of job action by an employee group or Card Check –Procedure whereby signed employee groups of employees designed to put pressure on the authorization cards are checked against an acceptable employer to reach a settlement quickly. list of employees in a prospective bargaining unit to determine if the organization has majority status. Conciliation (Super-Mediation)–A process through Under New Jersey law, the employer may recognize which impasses are resolved by a neutral third party. the organization on the basis of this check without the (See Super-Conciliation) necessity of a formal election. Confidential Employee–Employee whose functional Certification–In New Jersey, determination by PERC responsibilities or knowledge in connection with the that a particular employee organization is the majority issues involved in the collective negotiations process choice, and hence the exclusive bargaining repre- would make their membership in any appropriate sentative of all employees in an appropriate bargaining negotiations unit incompatible with their official duties. unit. The determination usually follows a secret election In determining the confidential status of a position, of the employees in a bargaining unit. PERC looks beyond
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