AFL-CIO / American Federation of Labor - Congress of Industrial Organizations - a federation of unions with a national office and state and local affiliates. 60 unions with 12.5 million members belong to the AFL-CIO.

Arbitration – A formal process where parties mutually agree to use a neutral third party, called an arbitrator, to resolve a dispute. The decision of the arbitrator is final and binding. Most collective bargaining agreements provide for joint selection of arbitrators to decide grievances that cannot be resolved at earlier steps in the process. Generally the union and employer divide the arbitrators’ fees and expenses equally in these situations. During collective bargaining, parties who are unable to settle on final contract terms after mediation may voluntarily agree to binding “interest arbitration” (delegating to an arbitrator the power to resolve any outstanding negotiating disputes and decide the final terms of their CBA). This is uncommon in the private sector, but has historically been used in some industries.

Bargaining in Good Faith – The legal standard under the National Labor Relations Act (NLRA), which requires that the employer and the union be willing to meet and negotiate at reasonable times and places, consider and discuss proposals regarding employment terms and working conditions with an open mind, put agreements in writing, and abide by those labor-management agreements.

Bargaining Unit – A defined group of employees of an employer, a majority of whom have chosen to be represented by a union, and on whose behalf a collective bargaining agreement is negotiated.

Card Check – The process of determining that the union has more than 50% of bargaining unit employees signed on union authorization cards or a petition, as required for the employer to recognize the union voluntarily [without an election]. A Card Check is typically part of carrying out a Voluntary Recognition Agreement. Parties often select a third party neutral to perform the card count and confirm the outcome.

Caucus – A private meeting of either party’s negotiating team during the course of, but apart from, negotiations, useful for the purpose of discussing proposals, counter-proposals, or general bargaining strategy and tactics.

Check-off / Payroll Deduction - A form of voluntary individual wage assignment permitted by federal labor law. CBAs often provide that employees can voluntarily authorize their employer to deduct union dues from their paychecks, and that the employer will honor all such valid authorizations during the term of the CBA and will periodically transmit any collected dues to the union.

Collective Bargaining – The process of negotiations between an employer and a union, representing a defined unit of the employer’s employees as a collective group, over the wages, hours, and other terms and conditions of employment for employees represented by the union.

Contract / Collective Bargaining Agreement / “CBA” – The written document that contains all of the agreements that parties determine through negotiations. A legally binding document enforceable under the law.

Dues - The amounts that individuals pay to their union in order to hold formal membership in that organization and to exercise the internal rights afforded to union members under federal law and the union’s own governing documents. . Union membership dues rates are not a matter of collective bargaining – they are established and maintained independently by each union through processes defined in the union’s constitution and bylaws, subject to federal regulation under the Labor Management Reporting and Disclosure Act (LMRDA).

Duty of Fair Representation – The obligation of a union to represent all bargaining unit employees - regardless of union membership - fairly, non-arbitrarily, and without unjust discrimination in collective bargaining matters, including negotiating and administering the collective bargaining agreement and processing grievances.

Grievance Procedure – A procedure established in the CBA for the resolution of any claim by the union or employee(s) that the employer has violated, misinterpreted, or misapplied a specific provision of the agreement.

Ground Rules – Agreements by the parties addressing the logistics and conduct of negotiations. Ground Rules are a “non-mandatory subject of bargaining”.

Impact or Effects Bargaining – Negotiating over the impact on bargaining unit employees of decisions and actions by the employer, regardless of whether the managerial decision itself is negotiable. Some “core” organizational decisions – such as discontinuing a line of business or changing the organization’s mission – may require only “effects” bargaining under the NLRA; while other management decisions (such as economic layoffs or contracting out work done by unit employees) may require “decision” bargaining as well as “effects” bargaining.

Impasse – The situation that results when the parties in a negotiation reach a deadlock – e.g., further discussion of a proposal(s), or a minor move by one party, will not suffice to persuade one or the other party to change their position and reach an acceptable agreement.

Independent Union - a union with no formal ties to a local or national labor union. Independent staff unions self-organize and manage their own dues, bargaining, and leadership process. Such unions are recognized by the NLRA and must abide by the same laws and obligations as affiliated unions.

Interest-Based Bargaining / IBB – an approach to collective bargaining that uses joint problem-solving techniques to develop contract proposals from the outset, by contrast to the “traditional” or “positional” method of negotiating from written proposals and counterproposals. The IBB process involves the parties identifying interests and needs to be addressed, then brainstorming possible solutions, then assessing the viability of possible solutions, and agreeing by consensus on the approach to be captured in the CBA. The Federal Mediation and Conciliation Service (FMCS) is a government agency that provides free training and even facilitation support for organizations and unions considering an IBB approach to bargaining.

Labor- Management Committee / “LMC’ – a committee composed of representatives designated by management and the union (commonly from within the organization) that meets regularly to discuss topics and issues as delegated to it in the Collective Bargaining Agreement or by the parties.

Local union – The commonly used designation for a first-level organization of union members that is affiliated with a national or international union. While each union defines its own structure, a Local Union is often geographically or occupationally based and may represent one or more bargaining units.

Lockout – A tactic sometimes used by employers in which the employer prevents members of a bargaining unit from working until the contract or dispute is settled.

Management Rights Clause – A contract provision confirming the employer’s retention and reservation of its sole and customary authority to make and execute decisions and manage the organization, except where that authority has been waived or limited by the Collective Bargaining Agreement.

Mediation – a voluntary, confidential process by which a union and management agree to engage a neutral third party to help them settle a dispute or resolve an impasse or finalize their collective bargaining agreement. The Federal Mediation and Conciliation Service and the American Arbitration Association are two organizations that provide professional mediators, sometimes free or low cost.

National Labor Relations Act / NLRA– the law governing non-railway / airline industry, non-farm, private sector labor relations in the United States. Passed in 1938 as the Wagner Act, amended by the Taft-Hartley Act in 1947 and the Landrum-Griffin Act in 1959, and rarely modified since then.

National Labor Relations Board / NLRB – The administrative agency charged with enforcing and implementing the National Labor Relations Act or NLRA. Through regional offices, Board agents hear and rule on unfair labor practices, conduct elections, determine bargaining units, and otherwise administer the NLRA.

NLRB Election - The NLRB conducts secret ballot elections for various purposes, including in response to a petition from a union or a group of employees seeking to certify a labor organization as the exclusive collective bargaining representative for a defined unit of employees. Anti-union employers exploit the weaknesses in the NLRB election process to engage in union busting or union avoidance. It is therefore a key aspect of the Beyond Neutrality approach to voluntarily recognize a staff union based on presentation of union authorization cards or another form of legitimate proof of union majority support among the workforce. Additionally, the NLRB's most recent ruling in Cemex Construction Materials, 372 NLRB No. 130 (August 25, 2023) makes it an Unfair Labor Practice for an employer to fail to either grant voluntary recognition promptly or itself file a petition for an NLRB election upon receipt of a recognition demand from a union that has majority support.

Negotiation Team / Bargaining Committee – The group of individuals designated to represent either an employer or a union in collective bargaining negotiations, who are given the authority and responsibility to discuss proposals and reach a tentative agreement. Each party is generally free to determine the composition of its own negotiating team and to allocate roles and responsibilities among its team members.

Neutrality - The commitment of an employer to remain “neutral” during a union organizing campaign (i.e., not oppose employees’ efforts to obtain union representation). By law, employers are prohibited from coercing employees to support or oppose the union. In practice, many employers actively and effectively oppose unionization even without committing unfair labor practices. Neutrality is a commitment not to communicate anti-union sentiments or take any other action to undermine the union organizing effort or oppose their employees’ exercise of self-determination rights under federal labor law.

Ratification – The process commonly used by unions to approve a tentatively agreed Collective Bargaining Agreement (CBA). Typically, ratification involves a vote among all union members in the bargaining unit covered by the CBA. Once the contract has been ratified, parties can sign it and it goes into effect.

Representative / Staff Rep / Organizer – Many unions employ full-time staff to carry out a variety of functions for the union, including engaging with employers and employees in organizing and representing bargaining unit employees. Union staff train and support unit employees, sit at the bargaining table, and involve unit employees in other activities of the union.

Right to work - So-called “right to work” legislation (currently in effect in 28 states and Guam) prohibits requiring union membership or payment of union dues or fees as a condition of employment. Even in a RTW state, unions are still required to fully and fairly represent all employees, even non-members, in the unit covered by the union’s collective bargaining agreement.

Scope or Subjects of Bargaining – The matters subject to collective bargaining negotiations ordinarily including wages, hours and other terms and conditions of employment. Some subjects are considered “mandatory” (i.e., those involving terms and conditions of employment for unit employees), a few are prohibited (e.g., contract provisions calling for an undertaking that would violate applicable law), and all others are considered permitted but not mandatory. Under the NLRA, neither the employer nor the union may insist (to the point of reaching an impasse) on a non-mandatory subject, and a strike over a non-mandatory proposal would be unprotected by the NLRA.

Side Letter / Side Agreement / Memorandum of Understanding (MOU) – An agreement between the parties that is not included in the body of the contract. These agreements are usually entered into between negotiations or prior to negotiating a first CBA. They can be used by the parties at any time to document their mutually agreed interpretation, modification or supplementation of the Agreement.

Spokesperson or Lead Negotiator – A bargaining party is free to designate one of its negotiation team members to lead the team and voice its proposals, counter-proposals, and the arguments supporting them during negotiations. But there are no laws or rules requiring this particular way of functioning.

Shop steward / Steward / Delegate – An individual, usually a unit member elected by the other members of the unit at a particular workplace, whose responsibility is to support their coworkers as a union representative in the workplace. Steward responsibilities and duties vary by union, but often include keeping unit employees informed of union matters, attending and assisting employees in disciplinary meetings, and helping them to file and pursue grievances if they believe a contract violation has occurred. Stewards also orient new employees to the union and help employees understand the Collective Bargaining Agreement.

Status Quo Period – The period of time that begins with official recognition of a union and typically continues until a Collective Bargaining Agreement takes effect. During the status quo period, management may not change unit employees’ terms and conditions of employment unilaterally (i.e., without giving the union advance notice of the proposed change and a chance to negotiate before implementation).

Strike – A collective refusal to work by a group of employees (also referred to as a work stoppage). Federal labor law defines protected and prohibited strikes, defines the rights of striking and non-striking employees, and governs what employers may and may not do in connection with various kinds of strikes and strike-related conduct by employees and unions. Application of the relevant law can be complex , and the subject is beyond the scope of this project

Tentative Agreement / “TA” – The documentation of the parties’ agreement resolving a specific contract article or provision in the course of negotiations subject, or the totality of the negotiated contract that is compiled and presented for results of negotiations prior to ratification.

Unfair Labor Practice / “ULP” – Conduct prohibited by the National Labor Relations Act. Employer ULPs include refusing to negotiate in good faith, interfering with or coercing employees in the exercise of their NLRA rights, and discriminating or retaliating against an employee because of their union views or activities. Unions can also commit Unfair Labor Practices, including by discriminating against or failing to fairly represent an employee.

Union - A common term referring to an organization of employees formed for the purpose of engaging in collective bargaining and other concerted activities. Union can refer to a formally established international or national organization, one of its local or intermediate affiliated bodies, or any other part of that organization such as a single represented bargaining unit. While many unions are longstanding organizations that represent multiple units, historically it was not unusual for employees of a given for-profit or non-profit employer to form their own independent staff union.

Voluntary Recognition Agreement - A written agreement between an employer and a union outlining a process for achieving voluntary recognition of the union based on demonstrated majority support among the employees in an appropriate bargaining unit–typically though review of signed union authorization cards or petitions verifying that a majority of the bargaining unit employees have chosen to be represented by the union for collective bargaining purposes. Implementation of such an agreement allows the employer lawfully and officially recognize the union once the majority support has been confirmed, without requiring the parties to go through the NLRB’s representation election processes.. Anti-union employers have notoriously exploited the inherent delays in the NLRB election process to allow them to engage in union busting or avoidance. It is therefore a key aspect of the Beyond Neutrality approach to instead voluntarily recognize a staff union based on presentation of union authorization cards or another form of legitimate proof of union majority support. Additionally, the NLRB's most recent ruling in Cemex Construction Materials, 372 NLRB No. 130 (August 25, 2023) makes it an Unfair Labor Practice for an employer to fail to either grant voluntary recognition promptly or itself file a petition for an NLRB election upon receipt of a recognition demand from a union that has majority support.