Labor Relations

Glossary of terms

Across the board increase

A 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.”

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Agency shop

A bargaining unit in a workplace in which all the workers whom the union is legally required to represent must either pay the union dues, an agency fee, or a representation fee.

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Arbitration

A 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.

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Bargaining unit

A 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.

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Collective bargaining

The 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.”

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Collective bargaining agreement (CBA)

The contract that embodies the results of the negotiations between the employer and the union, and sets forth their agreements.

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Community of interest

A 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.

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Concerted activity

Action 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.

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Counter-proposal

An offer made by one party in collective bargaining negotiations in response to a proposal by the other party.

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Decertification

A 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).

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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.

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Dues deduction

The 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.

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Duty of fair representation

The 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.

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Duty to bargain

The 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.

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Exclusive bargaining representative

An 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.”

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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.

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Good faith bargaining

The 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.

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Grievance

Generally, 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.

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Illegal (prohibited) subjects of bargaining

Topics 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.

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Impasse

The point in collective bargaining negotiations at which either party determines that no further progress can be made toward reaching an agreement.

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Joint labor-management/conference committee

A 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.

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Just cause

Referenced 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.

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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, or, as in RCW 41.80, they may be removed from the scope of collective bargaining by law.

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Mandatory subjects of bargaining

Bargaining issues that neither party may refuse to negotiate. They include wages, hours, and other terms and conditions of employment.

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Mediation

During 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.

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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).

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Nonassociation

The right of a bargaining unit employee based on bona fide religious tenets, or teachings of a church or religious body of which the employee is a member, not to join the union or support its collective bargaining activities. Instead the employee may pay an amount equal to union dues to the union, which under RCW 41.80.100(2) must be used for “purposes within the program of the employee organization as designated by the employee that would be in harmony with his or her individual conscience;” or under 41.56.122(1) must be paid to an agreed-upon charitable organization.

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Past practice

The 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.

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Permissive subject of bargaining

Issues 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.

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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.

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Ratification

Formal 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.

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Representation fee

In an agency shop environment, employees who opt not to join the union as a full member must typically pay a fee to the union in lieu of member dues, which helps the union pay for its representational duties such as negotiating a collective bargaining agreement and representing employees in grievances and arbitrations. This is also referred to as a “fair share fee.”

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Shop steward/delegate

A 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.

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Strike

A 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.

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Tentative agreement (TA)

The agreement reached through bargaining prior to its ratification or final approval by the negotiators’ constituencies.

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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.

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Union dues

See Dues, fees, and membership requirements.

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Union representative/agent

A 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).

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Union security provision

The part of the collective bargaining agreement that addresses union membership, which directly affects union dues and fees.

RCW 41.80 permits such provisions, and allows contractual language that requires all bargaining unit members to pay an agency shop fee equal to the amount required to be a member of the union (known as a membership fee or union dues). However, if a contract has an agency shop arrangement, the union must have a procedure to allow employees to pay a representation fee instead.

RCW 41.80 permits agency shops with agency shop fees, as long as those agency shop fees are not greater than membership dues/fees, and the union provides a procedure for paying a reduced amount, knows as a representation fee.

RCW 41.56 contains a similar provision for other groups of UW employees who are not covered by RCW 41.80.

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Union shop

A contract provision requiring that employees must join the union as a member within a specified time period after hire and must remain a member while employed. The term “union shop” is sometimes used interchangeably with “agency shop” at UW, though technically speaking, UW contracts predominantly have “agency shop” arrangements.

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